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

[Tom_AL 0]

53 minutes ago, klmnl2000 said:

You're correct. If you take the Oath before 90 days window opens for I-751, then you don't need to file I-751. If the window opens and N400 is pending, then you must file I-751. The processing time will be as per your filing office timelines. 

 

Here: 

"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 one year and nine 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] "

 

Thank you!

 

Typically, it takes 3-6 weeks from the naturalization interview to receive invitation for the Oath. It takes another 3-6 weeks to actually have the Oath ceremony. So it may be this funny situation where you have (successful) naturalization interview and wait for the Oath when your 90-day I-751 window opens up and you file it.

 

* Do you go through the Oath ceremony and then ... what ... go through I-751 approval process?

* Do they recall your Oath invitation and make you go through biometrics / interview again?  

 

* If you want to clarify these questions during naturalization interview, do you bring it up BEFORE interview or AFTER?  

[klmnl2000 18]

5 minutes ago, Tom_AL said:

Thank you!

 

Typically, it takes 3-6 weeks from the naturalization interview to receive invitation for the Oath. It takes another 3-6 weeks to actually have the Oath ceremony. So it may be this funny situation where you have (successful) naturalization interview and wait for the Oath when your 90-day I-751 window opens up and you file it.

 

* Do you go through the Oath ceremony and then ... what ... go through I-751 approval process?

* Do they recall your Oath invitation and make you go through biometrics / interview again?  

 

* If you want to clarify these questions during naturalization interview, do you bring it up BEFORE interview or AFTER?  

I'd say as soon as you get an order from your employer in hands, you can file for N400 under 319B. You don't have to wait until you actually relocate. It will speed up things a bit. 

As for the Oath ceremony, there are several offices that do the Oath ceremony the same day you naturalize (NJ, DC, and other offices). When you apply online, you can choose the office you wish to naturalize at. 

I'm thinking if you apply any time soon, you'll make it before the I-751 window opens in December.

[Qian 33]

On 3/10/2020 at 5:53 AM, Tom_AL said:

Thank you!

 

Typically, it takes 3-6 weeks from the naturalization interview to receive invitation for the Oath. It takes another 3-6 weeks to actually have the Oath ceremony. So it may be this funny situation where you have (successful) naturalization interview and wait for the Oath when your 90-day I-751 window opens up and you file it.

 

* Do you go through the Oath ceremony and then ... what ... go through I-751 approval process?

* Do they recall your Oath invitation and make you go through biometrics / interview again?  

 

* If you want to clarify these questions during naturalization interview, do you bring it up BEFORE interview or AFTER?  

Love how you dig things really deep! It sure will pay off.

 

Well, I don't have any evidence, but I have a feeling that the chance of having passed the interview then have to file ROC is slim. 

As how practical, sensible and considerate they had been when handling my case,  I have a feeling that they will take a view on the whole situation to make a decision. If it's too close to ROC they might not proceed to the citizenship interview.

 

Like klmnl2000 said, file as soon as you can, and deal with whatever comes afterwards.

[RachelFara 17]

On 4/19/2019 at 2:47 AM, 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. 

Thank you so much for writing this out. Incredibly helpful!

[Qian 33]

On 6/4/2020 at 5:17 PM, RachelFara said:

Thank you so much for writing this out. Incredibly helpful!

You are welcome. I'm very happy I am helping other applicants.

Thank you for letting me know!

[Jean Tsai 2]

This is a very useful post on applying for 319 B. I'm also applying. My question is that an applicant gets to choose any UCIS office for the interview and the oath of naturalization. Is this process affected by the normal backlogs for N400? I notice that you choose Texas. Will the process go faster if I pick a UCIS office in Alaska or Nebraska instead of LA or NYC? Or 319b adjudication is not affected by normal N400 backlogs? Thank you very much. 

[Qian 33]

17 hours ago, Jean Tsai said:

This is a very useful post on applying for 319 B. I'm also applying. My question is that an applicant gets to choose any UCIS office for the interview and the oath of naturalization. Is this process affected by the normal backlogs for N400? I notice that you choose Texas. Will the process go faster if I pick a UCIS office in Alaska or Nebraska instead of LA or NYC? Or 319b adjudication is not affected by normal N400 backlogs? Thank you very much. 

Thanks for the message.

I believe some offices are quicker than others for B319 too. I know a lady applied in the end April this year and had her oath taken in mid July. Fairfax, VA office.

I chose Dallas simply out of the convince for the logistics and for family member to attend and I didn't mind waiting a bit longer.

Good luck!

[Jean Tsai 2]

Thank you for the reply. Very helpful. Another question is that did you send the N400 application by post or did you apply online? And where is the place to designate the UCIS to take the interview or oath? Or you just indicate this on the letter to be included with the N400?

[Qian 33]

21 hours ago, Jean Tsai said:

Thank you for the reply. Very helpful. Another question is that did you send the N400 application by post or did you apply online? And where is the place to designate the UCIS to take the interview or oath? Or you just indicate this on the letter to be included with the N400?

I mailed it because we were living outside of the US already, I was not supposed to apply online. USCIS mailing address is based on our permanent US address. 

There's a place on N400 to indicate where you'd like to be interviewed, your application would be forwarded to there if needed and the oath is also taking place in there.

I felt the whole process was very organized.

Good luck!

 

[Jean Tsai 2]

Thank you again for answering my questions. You are really generous. Even a lot of immigration lawyers are no familiar with this process in Asia. Really appreciate it.

[Lynda6987 1]

Thank you Qian for your very informative post. I just have a question.

 

I am in the UK and apparently the Embassy in the UK is no longer doing Biometrics there. Do I just send the payment along with my N400 payment? Will they send me a form and place to get my biometrics done here in the UK? Just a little confused as to what they might do.

 

Thank you in advance, 🙂

 

 

[Qian 33]

13 hours ago, Lynda6987 said:

Thank you Qian for your very informative post. I just have a question.

 

I am in the UK and apparently the Embassy in the UK is no longer doing Biometrics there. Do I just send the payment along with my N400 payment? Will they send me a form and place to get my biometrics done here in the UK? Just a little confused as to what they might do.

 

Thank you in advance, 🙂

 

 

Hi Lynda

It was the same way here in Singapore. Fingerprinting was directed to the police department according to the embassy website.

You could either download the FD258 from FBI site, get your fingerprints taken (2 sets) and send them alongside with your application, or USCIS will mail you two sets of blank ones.

Either way, you will need to send the full payment of the biometrics.

Better do some research on where you can get it done in the UK. 

Good luck!

 

[Qian 33]

16 hours ago, Jean Tsai said:

Thank you again for answering my questions. You are really generous. Even a lot of immigration lawyers are no familiar with this process in Asia. Really appreciate it.

Thank you for your appreciation. I couldn't find much info online and the attorneys I contacted were not very knowledgeable on B319, so I decided to do it myself and put the report out there to help others.

Good luck!

[Sean&Tracey 3]

Hi I'm just about to apply this way but see you have included a police clearance cert in your documents. Is that needed or did you sent it just in case?  Many thanks

[Qian 33]

2 hours ago, Sean&Tracey said:

Hi I'm just about to apply this way but see you have included a police clearance cert in your documents. Is that needed or did you sent it just in case?  Many thanks

There's no document list that we can refer to, so I submitted it as a proof of "good moral", and I had them in hand.

I would say submit if you have, but if it's hard to get, you can just wait see if they ask for it.

Good luck!