319b Expeditious Naturalization (INA319B)-A Complete Experience Report

[Qian 33]

319B category still seems to be rather unfamiliar by many, even by who are eligible for, especially non-military applicants.

I had been looking for 319B (civilian) info on the internet with very little luck. Few posts I found was from years ago, so I decided to share my experience with up-to-date info, document list, procedure, and even quote of T2 officers' email,  to contribute my part in return of the great support I have got from VisaJourney. As well as for the future 319B applicants’ references.

 

I was a 6 months conditional LPR when I applied for citizenship, and I became a US citizen in 3.5 months. I applied for both of my Green Card and citizenship from overseas. A few attorneys I had consulted with didn't want to take my case because “I don’t live in the States”. Thanks to USCIS website and Visa Journey, I managed to do it myself without any glitches.

 

If you are a spouse of a US citizen employed abroad, you might be eligible for the expeditious naturalization under INA319B too.

 

So, here’s the information and I hope it helps.

 

My category, 319B is for the spouse of USC employed aboard in qualifying employments.

 

First, timelines

Married: Jan 07 2017

I-130 NOA1: Apr 19 2017

GC date: Jun 23 2018

 

N-400 NOA: Dec 24 2018 (Day 1)

Interview scheduled: Mar 5 2019  (Day 71)

Interview scheduled for: Mar 26 2019 (Day 92)

Oath scheduled: Mar 29 2019

Oath: Apr 11 2019  (Day 108)

 

Second, a few key points when filing:

-      LPR at the time of filing N-400

-      Married more than one year when filing, and remain in a bona fide marital reunion with the USC spouse up until the Oath

-      The USC spouse works for an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof (* Note #1)

-      The qualifying employment is scheduled for at least one year at the time of filing 

-      No pending I-751

-      Free to choose the location for interview within the U.S.

-      No requirements in terms of continuous residence and physical presence within the U.S.

-      No need to file I-751 if the Oath happens before the 90 days window of  lifting of conditions (if you have reached 90 days, or have pending i751, you will have to do ROC first)

-      Be present in the U.S. for the interview and oath

-      Depart the U.S. and live with the USC spouse within 45 days after naturalization

-      Do NOT forget TWO photos and TWO sets of fingerprint cards in a sealed envelop

 

NOTE #1: “engaged in whole or in part in the development of foreign trade and commerce of the United States” is the trickiest part. Translation: Not all US companies’ overseas assignment posts are qualified. The key factor is that whether the nature of the overseas assignment benefits the US or not.

For example, if a US company with thousands employees is manufacturing generators in Asia and sells them to the world, and the revenue goes back to the Asia entity, that might not qualify. Whereas if the US manufacturing company makes high-end audio components in the States, and the employee in Asia is to develop the Asian market, that would qualify. Also, if a US engineer consultancy firm only with 5 employees to provide consultancy services in Asia and send the production work back to the States, it would qualify.

 

Third, my document list

-      Forms: N400, I551, etc.

-      Supporting documents (general, all photocopies): cover letter (* NOTE #2), Passports (both parties), birth certificates, marriage certificates, divorce decree, police clearance cert

-      Supporting documents(employment): company letter(*NOTE #3), business license, offer of employment(*NOTE #4)

-      Supporting documents(overseas residency): lease, bills, tax returns, local bank accounts, etc.

-      Supporting documents (intention of re-establishment of US residency (*NOTE #5)): property deed, bills, US bank account statements, etc.

 

NOTE #2 Cover letter contains: why you qualify for 319B and proof, your intention of residing with you USC spouse and proof,  your intention of re-establishing residency in the US after your spouse’s oversea assignment

 

NOTE #3 Company letter contains: the nature of the company, if the company is wholly or partially owned by the US, the nature of the employee’s employment and overseas assignment, anticipated period of the overseas assignment, a mention of the name of the spouse to be naturalized

 

NOTE #4 Offer of Employment, focus on the job description (how the employee’s job is benefiting the US economy), the duration of the overseas post (must be over a year from the time of N-400 filing)

 

NOTE #5 To show your intention of re-establishing your US residency, you need to write up a statement stating so. Ideally accompanied by supporting documents, such as, US saving accounts, property purchase, pension savings, etc.

 

Forth, the procedure

(This is mine-applying from overseas. Cases may vary)

1.    Submit your application- N400 along with supporting documents

(Read the N400 instructions on USCIS website to determine where to send)

2.    If you send TWO sets of fingerprint cards, you might be OK (depending on countries where you send from)

3.    USCIS might send you a RFE to request FD258 (FBI specified fingerprint cards with an envelop to seal the cards) with instructions on where to send back

4.    Go to a USCIS international field office, or embassy, or a police station where directed by the embassy, to get fingerprints taken. Enclose the cards in an envelop with signature and seal on the flap

5.    Wait…

6.    USCIS would contact you, and ask you to pick a date and time for interview

In my case, I got an email from a Tier 2 officer asking me to indicate a date and time that I’m available for interview (*NOTE#6)

7.    Get on the plane for your interview

8.    They might give you the result after interview or not (depending on if your interviewer has the authority to approve your case)

Mine didn’t get a result after the interview because “you case is uncomment, we need more review”

9.    Three days later, I got a call from USCIS (Dallas) that they have date and time for me 

10.I changed my ticket and attended my Oath Ceremony. The officer was still a little confused at the check-in seeing my conditional Green Card and without a ROC. 

So, I was asked to sit aside while other candidates were seated for the ceremony, when the officer went back to the office to search my case in the computer. But she came back in time and let me in for the ceremony. 

 

NOTE #6, document check list from the T2 officer 

Once the interview was scheduled, the officer kindly sent me an additional document check list- addition to the general list on the interview letter. See below:

(Luckily, nothing was new than I had already submitted, so I just brought the originals with me. At the interview, the interviewer didn't even go through the documents, simply checked if everything was there, and scanned them (I guess) for the supervisor to review.)

 

US spouse birth certificate

Marriage certificate

Statement from employer that includes the following:

·         Name and nature of employer

·         Employing entity is owned in whole or in part by the United States

·         Employing entity is engaged in whole or in part in the development of the foreign trade and commerce of the United States

·         Nature of the activity/duties of the US citizen and spouse

·         Anticipated period of employment abroad

 

Category of Qualifying employment abroad

 

Last, now you are a citizen but you have to leave the US right away

 

We booked the tickets back to Singapore for the interview and had to change it for the Oath. 

Our departure date was 2 days after the ceremony, and my tickets were booked under my old passport and name.

So, I made an appointment for passport with the embassy as soon as I got the oath date, and I decided to leave the US using my old passport.

At the airline check-in, they DID ask about my green card, which never happened before when I left the US. I think there must be some sort of remarks on my documents that the airline can see, like “the traveller’ s GC has been cancelled”.  Luckily, they were understanding enough to let me go with my old passport.

I applied my passport in the US embassy in Singapore yesterday.

The officer there was also confused that why I didn’t apply in the US, and how comes I got my citizenship while living in Singapore. But when I explained the 319B category, everything just came together.

 

So, there you have it, the complete guide/experience of 319B for non-military applicants.

 

My package has travelled to many places and managed to get to where and whom it needed to go. My biggest conclusion/take-away from this immigration process is that the system is quite established, reasonable, and fair, and if you follow the rules and the instructions, you will get there.

 

Please, my fellow applicants, have confidence and faith in the process, and be patient. 

 

If anyone has any questions, I would love to help wherever I can.

 

Best luck to you all! God bless. 

[Phillygirl 17]

Hello there, I'm planning to apply 319 (B) too, my husband is US contractor here in Kuwait.. Did you apply online? (thinkin about online is better)

and how to make letter of Intent?

 

Best Regards,

 

[Qian 33]

58 minutes ago, Phillygirl said:

Hello there, I'm planning to apply 319 (B) too, my husband is US contractor here in Kuwait.. Did you apply online? (thinkin about online is better)

and how to make letter of Intent?

 

Best Regards,

 

I don't think we can apply online if filing from overseas. It's on USCIS site- "where to file" section. I sent my package by mail, which I think it was better anyway, because it's easier to put a lot of supporting documents.

Letter of Intention is no more than expressing/stating your intention, but better accompanied with supporting documents. i.e. if you have joint saving accounts or property in the States, that can show your intention of moving back to the States after the assignment. If nothing else, your statement should work too, if the "qualifying employment" case can be established- which I believe it's the critical part of 319B.

 

Best of luck!

[medicalguy 11]

This is really interesting. Never heard of this category before. It does appear odd that they would have a category that expedites citizenship for a green card holder that is married to US citizen who is not serving in the military, that can apply far ahead of others who are living in the US without following the same 3/5 year rule. It is however great to know. Thanks for sharing. 

[Qian 33]

9 hours ago, medicalguy said:

This is really interesting. Never heard of this category before. It does appear odd that they would have a category that expedites citizenship for a green card holder that is married to US citizen who is not serving in the military, that can apply far ahead of others who are living in the US without following the same 3/5 year rule. It is however great to know. Thanks for sharing. 

My understanding is that although not for the military, either business people, or academic people etc. who satisfy this category are living away from home performing work to benefit the US. Benefit US's economy directly and other soft power. 

And to promoting family reunions for these citizens living abroad are the purpose of 319B.

Have a good one!  

 

 

[Phillygirl 17]

19 hours ago, Qian said:

I don't think we can apply online if filing from overseas. It's on USCIS site- "where to file" section. I sent my package by mail, which I think it was better anyway, because it's easier to put a lot of supporting documents.

Letter of Intention is no more than expressing/stating your intention, but better accompanied with supporting documents. i.e. if you have joint saving accounts or property in the States, that can show your intention of moving back to the States after the assignment. If nothing else, your statement should work too, if the "qualifying employment" case can be established- which I believe it's the critical part of 319B.

 

Best of luck!

Hi thanks for reply, I sent already thru online yesterday.. finger crossed hope it works.

Thank you again

[Qian 33]

On 4/23/2019 at 2:29 PM, Phillygirl said:

Hi thanks for reply, I sent already thru online yesterday.. finger crossed hope it works.

Thank you again

Good luck!!!

Have you received the NOA yet? I'm interested, please let me know!

[sharin 41]

Thanks for sharing experience, good to know there is some category for regular applicants to expedite it. 

 

My guess is there is no way applicant residing in US (which constitutes atleast 90-95% on this forum) is eligible for this category, unless I'm missing something here.

Another thing : 6-7 months is general timeline anyways in lots of field offices within US except few backlogged field offices like Dallas etc. 

[Qian 33]

5 hours ago, sharin said:

Thanks for sharing experience, good to know there is some category for regular applicants to expedite it. 

 

My guess is there is no way applicant residing in US (which constitutes atleast 90-95% on this forum) is eligible for this category, unless I'm missing something here.

Another thing : 6-7 months is general timeline anyways in lots of field offices within US except few backlogged field offices like Dallas etc. 

Yeah I think you are right, that's also why I couldn't find much info on the forum or any forum before.

The "expedition" here used in 319B doesn't really refer to the processing time, on the contrary we were told that this will not expedite the processing time.

It's the applying timing can be expedited- 3/5 year rule and continuous residency etc. is waived, the applicants can apply as soon as they satisfy the 319B criteria.

[klmnl2000 18]

@Qian, so where did you get this information:  "if you have reached 90 days, or have pending i751, you will have to do ROC first"? I've applied for naturalization under 319 (b) online but have to lift conditions within 90 days but haven't submitted i751 yet, I'll submit it sometime at the end of 90 days period. 

[klmnl2000 18]

On 4/23/2019 at 2:29 AM, Phillygirl said:

Hi thanks for reply, I sent already thru online yesterday.. finger crossed hope it works.

Thank you again

 

Hi Phillygirl, how did you process go? How soon did you receive your biometrics appointment? Did you have to fly for biometrics back to the US? 

[Qian 33]

5 hours ago, klmnl2000 said:

@Qian, so where did you get this information:  "if you have reached 90 days, or have pending i751, you will have to do ROC first"? I've applied for naturalization under 319 (b) online but have to lift conditions within 90 days but haven't submitted i751 yet, I'll submit it sometime at the end of 90 days period. 

It’s in the USCIS policy manual Chapter 5 re 319B. Best of luck! 

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-5

Spouses who Must Have an Approved Petition Prior to Naturalization

In all cases, a CPR applying for naturalization on the basis of marriage must have an approved petition prior to naturalization if the CPR:

• Has a pending petition to remove conditions at the time of filing the Application for Naturalization; or

• Reaches the 90-day period to file the petition to remove conditions prior to taking the Oath of Allegiance. [5] 

[klmnl2000 18]

8 hours ago, Qian said:

It’s in the USCIS policy manual Chapter 5 re 319B. Best of luck! 

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-5

Spouses who Must Have an Approved Petition Prior to Naturalization

In all cases, a CPR applying for naturalization on the basis of marriage must have an approved petition prior to naturalization if the CPR:

• Has a pending petition to remove conditions at the time of filing the Application for Naturalization; or

• Reaches the 90-day period to file the petition to remove conditions prior to taking the Oath of Allegiance. [5] 

 

But it also states that: 

"2. Conditional Residents Filing as the Spouse of a U.S. Citizen Employed Abroad

A spouse of a U.S. citizen employed abroad based on authorized employment is not required to have any specific period of residence or physical presence in order to naturalize. ^[9] Consequently, a CPR spouse is not required to file the petition to remove conditions if the spouse files his or her naturalization application before he or she reaches the 90-day filing period to remove the conditions on residence. ^[10] " 

 

I filed the N400 petition before the 90-days filing period to remove the conditions. Somehow Chapter 5 B and C seem controversial to me.

[Qian 33]

3 hours ago, klmnl2000 said:

But it also states that: 

"2. Conditional Residents Filing as the Spouse of a U.S. Citizen Employed Abroad

A spouse of a U.S. citizen employed abroad based on authorized employment is not required to have any specific period of residence or physical presence in order to naturalize. ^[9] Consequently, a CPR spouse is not required to file the petition to remove conditions if the spouse files his or her naturalization application before he or she reaches the 90-day filing period to remove the conditions on residence. ^[10] " 

 

I filed the N400 petition before the 90-days filing period to remove the conditions. Somehow Chapter 5 B and C seem controversial to me.

I think the confusion comes from “ the time of filing” and “ the time of taking the oath”.

This part below describe when one must have an approved ROC

B. Spouses who Must Have an Approved Petition Prior to Naturalization

In all cases, a CPR applying for naturalization on the basis of marriage must have an approved petition prior to naturalization if the CPR:

• Has a pending petition to remove conditions at the time of filing the Application for Naturalization; or

• Reaches the 90-day period to file the petition to remove conditions prior to taking the Oath of Allegiance. [5] 

 

Well, maybe just wait to see what they say. 

Edited June 4, 2019 by Qian

[DCAC 0]

Thank you for your post Qian,

I understand post naturalization process is complete the applicant spouse would resume at job location with 30-45 days. But do they have to stay there for whole period of time i.e. if the assignment is for a year, for a whole year? Can they not come back to US and resume their job/work/business?