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

[Dogeatdog 0]

Hello,

 

I´m a US citizen. working for a major US bank abroad in Spain. Since it was an opportunity I couldn't give up I moved right away in 2018. My wife has the 10 year green card, but we have been out of the US 4 years.  Do I need to apply for a new green card and then process 319B?

 

Any experience with going over the 6 month green card rule

[MeliCat 2]

hi DogeatDog,

I am in a very similar situation as you and my understanding is that as long as the Green Card is valid you dont have to worry about that. 319b is forward looking so their concern is whether you will continue to live together abroad after she attains her citizenship and whether you will return to the US in the future. Your only concern re the green card should be if it is still going to be valid for the duration of this process (if you have 1-2 years of validity left it should be fine). In my experience, the best bet for success is (1) applying online, (2) applying through an office that has a high success rate with 319b (so you may want to search all the posts). Message me privately and I can share more. 

Edited September 7, 2023 by MeliCat

[MarkS24 0]

Hello,

 

I am a USC, my company just assigned me to our partner location abroad. We will have to live there for 2 years, departing in 3 months... however my wife was just granted her GC. I believe that the INA 319B would be a good solution for us.

However, knowing my manager, I believe that I could be reassigned back to the States in 6 months, as decisions in my company are a bit chaotic at times.

 

tl;dr:

Would my CPR wife get in trouble if we return to the US earlier than 1 year if granted citizenship through INA 319B? Is there anything that we will need to report once the 1 year abroad has been met?

 

Thank you, we are trying to navigate this situation and the moving preparation.

[Mail2n 11]

On 4/18/2019 at 4:47 PM, Qian said:

 

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. 

Immigration Lawyers in US mostly dont like things they dont know and often give wrong advises too.  They are set in certain applications they do routinely 130 h1b n400 etc which they do all the tome and have less work other than routine . Which makes sense why break head when u can make money on repear stuff .

 

Yes military process is defferenr and onky 3k or 4k ppl apply for yr and lawyes have no incenrive to worry about that small number .

 

But there are still some passionate lawers who do waivers and complrx cases just for the challenge. And big llaw firms are allways useless they only do the Robo work and you will benefit in stright farward cases with their name to get stand out . Thats all.

 

For restvwe need that passionate lawyer. 

 

Thanks for posting this it will help many

[Mail2n 11]

On 6/3/2019 at 6:00 PM, 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. 

319 has no Roc

[Qian 33]

On 9/18/2024 at 12:43 AM, Mail2n said:

319 has no Roc

It used to be required when I applied, you might be right though, the April 2024 manual had a lot more mentions regarding 319B than before, I suggest everyone who is interested in this category read the filling instructions carefully. It has a lot of useful information. Like this:’’Military members applying under INA section 329 and certain spouses of U.S. citizens employed outside the United
States by qualified organizations under INA section 319(b) do not need an approved Form I-751 or Form I-829.

[Qian 33]

On 9/18/2024 at 12:41 AM, Mail2n said:

Immigration Lawyers in US mostly dont like things they dont know and often give wrong advises too.  They are set in certain applications they do routinely 130 h1b n400 etc which they do all the tome and have less work other than routine . Which makes sense why break head when u can make money on repear stuff .

 

Yes military process is defferenr and onky 3k or 4k ppl apply for yr and lawyes have no incenrive to worry about that small number .

 

But there are still some passionate lawers who do waivers and complrx cases just for the challenge. And big llaw firms are allways useless they only do the Robo work and you will benefit in stright farward cases with their name to get stand out . Thats all.

 

For restvwe need that passionate lawyer. 

 

Thanks for posting this it will help many

You are absolutely right on this. With all the transparent info and step by step instructions, straightforward cases like this can be easily DIY-ed. Not only about the coas, you are in control of your timelines and getting updates. Good luck everyone.

[Qian 33]

On 9/18/2024 at 12:27 AM, MarkS24 said:

Hello,

 

I am a USC, my company just assigned me to our partner location abroad. We will have to live there for 2 years, departing in 3 months... however my wife was just granted her GC. I believe that the INA 319B would be a good solution for us.

However, knowing my manager, I believe that I could be reassigned back to the States in 6 months, as decisions in my company are a bit chaotic at times.

 

tl;dr:

Would my CPR wife get in trouble if we return to the US earlier than 1 year if granted citizenship through INA 319B? Is there anything that we will need to report once the 1 year abroad has been met?

 

Thank you, we are trying to navigate this situation and the moving preparation.

Hi Mark, I can see this is being tricky, as we all want to do the right things. One hand I want to say that I personally do not see she getting in trouble if your assignment being cut short, assuming you company had provided you with a contract or things-alike stating your oversea assignment would be longer than a year to start the process. On the other hand though, I wonder if you were being called back before the process is over, you might have to offer this piece of information at least at the interview. This is just my personally oppinion. Good luck!

[Qian 33]

15 minutes ago, Qian said:

Hi Mark, I can see this is being tricky, as we all want to do the right things. One hand I want to say that I personally do not see she getting in trouble if your assignment being cut short, assuming you company had provided you with a contract or things-alike stating your oversea assignment would be longer than a year to start the process. On the other hand though, I wonder if you were being called back before the process is over, you might have to offer this piece of information at least at the interview. This is just my personally oppinion. Good luck!

P.S. I just saw this: “(2) Notify the Service immediately of any delay or cancellation of the citizen spouse's assignment abroad; and” from https://www.ecfr.gov/current/title-8/chapter-I/subchapter-C/part-319/section-319.2

 

[Anknyc 0]

Hi All,

First off thank you for this information. It has been super helpful. I am planning on going through the IN319B process, does anyone know what happens in the following case

my wife and her son (my stepson) recently received their green cards through AOS. If we apply for IN319B as my job will station me abroad, can I apply for my son? In what way would he receive citizenship so he does not break his continuous residency requirement?

Edited September 19 by Anknyc

[Qian 33]

On 9/18/2024 at 12:43 AM, Mail2n said:

319 has no Roc

I found more info on this, ROC is still needed for 319B if you do not file N400 before reaching 90 day window.

I’m glad that USCIS has clarified more on this- the filing of N400 matters.

 

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

Quote directly:

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]

A CPR spouse of a U.S. citizen employed abroad may naturalize without filing a petition to remove conditions if:

• The CPR spouse has been a CPR for less than 1 year and 9 months; and

• The CPR spouse does not reach the 90-day filing period for the petition to remove conditions prior to the final adjudication of his or her naturalization application or the time of the Oath of Allegiance.^[11]

[Qian 33]

On 9/20/2024 at 3:00 AM, Anknyc said:

Hi All,

First off thank you for this information. It has been super helpful. I am planning on going through the IN319B process, does anyone know what happens in the following case

my wife and her son (my stepson) recently received their green cards through AOS. If we apply for IN319B as my job will station me abroad, can I apply for my son? In what way would he receive citizenship so he does not break his continuous residency requirement?

Don’t quote me on this, but I want to say her son might qualify for 319B as well, I feel I read about it somewhere. I was trying to find it, but not yet. Do some reading on the USCIS policy manual, volume 12, Part G, Chapter 4. You can find almost everything here.

[Anknyc 0]

Thank you Qian-- I read through the section but could not find anything discussing children in that section.