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

[MeliCat 2]

6 hours ago, Qian said:

Hi MeliCat

The burden is on the applicants to establish the eligibility, I think you have a very interesting case and I'd love to discuss and think together with you.

 

First of all, you are the USC, and your spouse is the N400 applicant under B319, right?

And, are you contracting with the company as a individual (a freelancer), or under a business that you set up?

 

I had been in touch with a few applicants whose spouses are contractors in stead of being an employee, and they have got approved. But independent contractor is new to me.

I can think of couple of things in this scenario that need attention:

- You need to prove why this particular work must to be done overseas. Because that's why a company send an employee overseas to do work that benefits the US. And because of that, the spouse faces the risk of loosing immigration status, so B319 comes into play.

- USC overseas' immigration or visa status matters. If, for instant, the USC is a PR of the foreign country and took up a local post with a US company or became a contractor of a US company, the criteria of "the intention of returning to the US" seems hard to meet. And same for a spousal visa, dependent visa holder.

- The USC needs to prove the job would last longer that 1 year from the time of filing. Can your contract support that?

-You will need some letters from this US-based company to show how your work is benefiting the development for foreign trade etc., why you have to be living abroad to execute it , and how long your assignment is expected to last for, maybe explain the change of employment too. 

At the end of the day, it is the USCIS to decide whether this type of work qualifies or not, as well as this independent contractor employment. 

Attorneys are not always right, you just have to try.

Let me know what you think.

 

 

Thanks Qian, those points you raised are really insightful. Im going to send you a private message. Thanks again!

[Iscir 297]

@Qian, thank you very much for your guide. It has been a great help for assembling my package. But I have a specific question about the N400 form. Since you applied from overseas, how did you answer on the n400 form part 9: time spent outside the US? It asks about how many days you have spent outside the US during the last five years, and how many trips. I am not sure how to answer this, should I start counting the days since I moved outside the US? But then the days will obviously keep counting until my interview date. Or should I write 0? Which is technically not true but I am allowed to stay outside the US because of my husbands job. How did you answer this part? 

[Qian 33]

14 hours ago, Iscir said:

@Qian, thank you very much for your guide. It has been a great help for assembling my package. But I have a specific question about the N400 form. Since you applied from overseas, how did you answer on the n400 form part 9: time spent outside the US? It asks about how many days you have spent outside the US during the last five years, and how many trips. I am not sure how to answer this, should I start counting the days since I moved outside the US? But then the days will obviously keep counting until my interview date. Or should I write 0? Which is technically not true but I am allowed to stay outside the US because of my husbands job. How did you answer this part? 

Hi Iscir

Thanks for the comments.

Part 9 is a little confusing for us. What I did was that I put all my trips in there, along with an additional sheet of explanation.  

Don't worry about the unknown interview date, because, it's asking ""date you left" and "date you returned" the US. Since you are still outside of the States, the dates would be covering your two recent trips. 

Then again, the part does not apply to 319B, it shouldn't matter one way or another. I just wanted to make sure everything is neat and logical.

 

Attach an extra sheet, maybe print out USCIS policy manual volume 12, part G, chapter 4. E

[Iscir 297]

14 hours ago, Qian said:

Hi Iscir

Thanks for the comments.

Part 9 is a little confusing for us. What I did was that I put all my trips in there, along with an additional sheet of explanation.  

Don't worry about the unknown interview date, because, it's asking ""date you left" and "date you returned" the US. Since you are still outside of the States, the dates would be covering your two recent trips. 

Then again, the part does not apply to 319B, it shouldn't matter one way or another. I just wanted to make sure everything is neat and logical.

 

Attach an extra sheet, maybe print out USCIS policy manual volume 12, part G, chapter 4. E

Thank you so much! I was hung up on this question, I couldn’t think of how to answer it correctly but now that you said this it makes so much sense. I will do it as you did. I didn’t even think of attaching an extra sheet with an explanation! Thank you!!! 

[ma06 14]

I want to add to this topic. I applied for naturalization in February based on 319b. I did the application online. Mind you that at the time of the application, my spouse was still here in the US with me but had just gotten their duty orders to move. So yes, you can still apply even when the international duty/tour hasn't started but is going to start sometime soon. I will be joining them post naturalization

 

Pretty simple online application, biometrics were re-used (which was great!). I chose the Washington DC office because they're the ones most familiar with 319b process. We were informed that applying at other smaller offices may get the application denied because they are not aware of the 319b provision. 

 

Current processing time for 319b applications is 5-7 months at DC field office. Around this time, the field office will reach out to the applicant (phone and/or email) to pick dates for the interview. I missed the phone call (my mistake!) but replied to the email and it took them about 5 days to get back to me. These 5 days were nerve-racking because I thought the email delivery might have failed and was kicking myself for missing the initial call. Anyway, they replied saying interview had been scheduled based on the dates I picked and appointment letter is uploaded online. 

They will ask you to bring all the documents you had already submitted to prove eligibility. Burden is on the applicant to prove their eligibility for naturalization under 319b.

 

Something I should also add (very important if this applies to you) - If your time to file I-751 has come (90 days window), you ARE required to file I-751 first before your N400 can be adjudicated. I had filed I-751 in March (a month after my N400). This is not an issue. About 2.5 months after filing I-751 I got a notification that the file has been transferred and upon further inquiring from the service rep I was told it had been transferred to the local field office upon request. So the field office is aware of the pending I-751application and requested it to adjudicate the two applications (N400 and I751) together. Failure to file I-751 when the window opens may get your N400 denied and therefore you falling out of status. Please keep this in mind

 

Haven't had the interview yet but I'll update this after the interview

Edited July 17, 2021 by ma06

[Iscir 297]

5 hours ago, ma06 said:

I want to add to this topic. I applied for naturalization in February based on 319b. I did the application online. Mind you that at the time of the application, my spouse was still here in the US with me but had just gotten their duty orders to move. So yes, you can still apply even when the international duty/tour hasn't started but is going to start sometime soon. I will be joining them post naturalization

 

Pretty simple online application, biometrics were re-used (which was great!). I chose the Washington DC office because they're the ones most familiar with 319b process. We were informed that applying at other smaller offices may get the application denied because they are not aware of the 319b provision. 

 

Current processing time for 319b applications is 5-7 months at DC field office. Around this time, the field office will reach out to the applicant (phone and/or email) to pick dates for the interview. I missed the phone call (my mistake!) but replied to the email and it took them about 5 days to get back to me. These 5 days were nerve-racking because I thought the email delivery might have failed and was kicking myself for missing the initial call. Anyway, they replied saying interview had been scheduled based on the dates I picked and appointment letter is uploaded online. 

They will ask you to bring all the documents you had already submitted to prove eligibility. Burden is on the applicant to prove their eligibility for naturalization under 319b.

 

Something I should also add (very important if this applies to you) - If your time to file I-751 has come (90 days window), you ARE required to file I-751 first before your N400 can be adjudicated. I had filed I-751 in March (a month after my N400). This is not an issue. About 2.5 months after filing I-751 I got a notification that the file has been transferred and upon further inquiring from the service rep I was told it had been transferred to the local field office upon request. So the field office is aware of the pending I-751application and requested it to adjudicate the two applications (N400 and I751) together. Failure to file I-751 when the window opens may get your N400 denied and therefore you falling out of status. Please keep this in mind

 

Haven't had the interview yet but I'll update this after the interview

How long did it take for them to contact you? I applied in the middle of may and also chose DC. I am also wondering how much time you did have between interview notice and interview date? I’m curious because I am already overseas so I will need to fly back to the US. 

[ma06 14]

35 minutes ago, Iscir said:

How long did it take for them to contact you? I applied in the middle of may and also chose DC. I am also wondering how much time you did have between interview notice and interview date? I’m curious because I am already overseas so I will need to fly back to the US. 

Assuming your background check clears on time and there's no delays, expect them to contact you in around mid-September or mid-October. Of course it can be longer than that depending on how busy the field office is at that time of the year. But expect your entire process (filing to oath ceremony) to take 5-7 months.

Time between notice to interview date = 3 weeks for me. But that is because I chose that date. Heck they gave me option to chose dates all the way to November but I chose the earliest available one. But don't book your flight back to the US until you have the interview notice in hand and also account for the covid restrictions. If you've just gotten back from abroad and not fully vaccinated, you CANNOT enter a USCIS office before being in the country for at least 10 days.So plan accordingly

 

Is your I-751 90 day window going to open in the next few months? If yes, then it becomes slightly more complicated 

Edited July 17, 2021 by ma06

[Iscir 297]

13 minutes ago, ma06 said:

Assuming your background check clears on time and there's no delays, expect them to contact you in around mid-September or mid-October. Of course it can be longer than that depending on how busy the field office is at that time of the year. But expect your entire process (filing to oath ceremony) to take 5-7 months.

Time between notice to interview date = 3 weeks for me. But that is because I chose that date. Heck they gave me option to chose dates all the way to November but I chose the earliest available one. But don't book your flight back to the US until you have the interview notice in hand and also account for the covid restrictions. If you've just gotten back from abroad and not fully vaccinated, you CANNOT enter a USCIS office before being in the country for at least 10 days.So plan accordingly

 

Is your I-751 90 day window going to open in the next few months? If yes, then it becomes slightly more complicated 

Thanks for the reply! I am surprised they gave you the option to interview even in November! 

I would like my husband to travel with me so I was wondering if we would know the interview date with enough anticipation so that he could take leave  we both are vaccinated, so no issues with that. 
My roc window opens in December so I am hoping I can naturalize before then. 

[ma06 14]

2 minutes ago, Iscir said:

Thanks for the reply! I am surprised they gave you the option to interview even in November! 

I would like my husband to travel with me so I was wondering if we would know the interview date with enough anticipation so that he could take leave  we both are vaccinated, so no issues with that. 
My roc window opens in December so I am hoping I can naturalize before then. 

Yep I just want to get done with this process ASAP.

 

Unfortunately, not much you can do until you have the actual appointment notice in hand. Even after that, as of now they are not allowing anyone else other than the applicant into the building or even to the oath ceremony. It's a quick interview > quick same day oath ceremony and you're out.

 

Hopefully your oath is completed before the roc window opens. But just in case your N400 process ends up taking longer than usual and you do end up filing I-751, it would  be about 2.5-3 months after filing I751 for them to request your I751 from the whichever service center and then only they can proceed with the interview. Good luck

[Qian 33]

7 hours ago, ma06 said:

I want to add to this topic.

Thank you ma06

Great to hear 319B is still straightforward and no major changes on requirements.

Your info re I751 is a great addition too, as I didn't have personal experience on that!

Thank you for your contribution and we can help more people!

[tomgreen_84 0]

Does anyone have any updates on how the 319b went? I am preparing ourselves as we speak and info is hard to come across. 

[MeliCat 2]

We are also preparing to submit our application soon and would like to hear from others about their experience. Specifically what format did you apply under (military, company, missionary, etc) and what office did you go through. I am the US citizen and we are applying under an LLC that I set up following the advice of an immigration lawyer. His advice was to make sure I am paid as a W2 employee so the monthly tax deductions to the US government are visible on my paystubs. We are debating which field office to use Philadelphia or Newark. We have always gone through Philadelphia for my husband's initial green card application and his two re-entry permit applications and we have had positive experiences there.  Lawyer said both Newark and Philadelphia are familiar with 319b but Newark could be faster so we are leaning toward Newark. Would love to hear from others, especially those who applied under US citizen spouse's company in the Northeast

Edited July 18, 2021 by MeliCat

[Qian 33]

9 hours ago, MeliCat said:

would like to hear from others about their experience. Specifically what format did you apply under (military, company, missionary, etc) and what office did you go through.

Hi MeliCat

I'm interested in that too. As far as I know, a couple of applicants that contacted me were all military or contractors to the military. I haven't met anybody else from the business genre.

Follow you attorney's advice, and I would add that, I feel the proof of "contribution to the economy or trade" is the most important part to establish eligibility. And the burden is on us.

Office wise, I think if you had good experience with your local office, and they are organized and put-together, why not?

Most people I know were military related and they all went to the D.C. , they were fast and had same day oath. I'm sure that office has a good judgement of if a contractor to the military qualify or not too.

Dallas, where I applied from, clearly was not too familiar with 319B. It took them a few more days to go through the review process, but it went ok.

 

 

 

 

[ma06 14]

Quick question for anyone that can answer. For 319(b), applicant has to show that the USC spouse will be abroad for at least 1 year at the time of filing in an eligible occupation. For military folks, do your orders show the end date of the overseas assignment? 

 

My spouse's orders don't show any end date however the boss issued a letter (on DOD letterhead) saying that my spouse will be in the overseas post for <x> number of years(more than 1 year). Just curious if this would be enough or anything else would be needed. Do military orders specify end date because that would be a definite proof

Edited July 26, 2021 by ma06

[Iscir 297]

On 7/27/2021 at 1:40 AM, ma06 said:

Quick question for anyone that can answer. For 319(b), applicant has to show that the USC spouse will be abroad for at least 1 year at the time of filing in an eligible occupation. For military folks, do your orders show the end date of the overseas assignment? 

 

My spouse's orders don't show any end date however the boss issued a letter (on DOD letterhead) saying that my spouse will be in the overseas post for <x> number of years(more than 1 year). Just curious if this would be enough or anything else would be needed. Do military orders specify end date because that would be a definite proof

Besides that letter, you can include in your application your spouses DEROS, it has the end date of your spouse’s assignment.  Also, your spouse’s assignment history should have the end date of his current assignment too. 
I couldn’t get a letter from my husbands boss, so I sent orders, deros and assignment history   

Edited July 28, 2021 by Iscir