When to file under 319(b)

[Katykat_mc 7]

Hey guys,

so I spent several hours going through all these topics and I  found some valuable information. However, I would still

like to ask as I do not want to make any mistakes.

I arrived in the US in November 2019 on CR-1, my 10 year green card came in the mail in February 2020.

My husband re-enlisted couple weeks ago and we already know we will be going back to Europe - to Germany.

He wont have his hard orders until some time next year but he got an email with report date in December 2021.

 

1. When should I apply for naturalization under 319(b)? Is it easier from the US or Germany?

2. Will my travels affect the naturalization process in any way? I am asking because my husband is going on a 9 month long rotation in couple of months and I am planning on going to 

my home country for some months + travel some outside the US. Still not sure whether I should apply for re-entry permit or not but just wondering if they would look at my travels as

am not being serious about living here.

 

Thanks!

[SS&AM 22]

You apply for 319B from overseas. 

[ZKT 118]

So i just finished my n400 under ina 319(b). I filled my case last sept 4, 2020 and became a us citizen  oct 26, 2020 (finished the entire thing including the naturalization certificate). That was just last monday. Got my california state id in the dmv last monday. Registered to vote and voted last tuesday and applied for my no fee military passport wednesday. This is covid19 times too. So everything is much slower. We leave for japan in dec 2020.

 

I suggest that you apply for your n400 under ina 319 (b) as soon as you have your hard orders and then make your commander sign a dd1278 form. Becuase without those 2, your chances of case being accepted are slim since you are filing under the basis of being assigned abroad. There are some people that filed only with hard orders and no dd1278 because a lot of base legal and commanders don't know about this form since n400 under ina 319(b) is still a rarity among military people. They usually just know the regular n400 that never needs those 2 things. Unless they expedite it and need hard orders. 

 

You can make your case smoother by having complete documents. So i actually even submitted my dea (dependent entry approval) apart from my orders and my "travel waiver" from the military stop movement orders (so it means my husband is mission essential and must continue his orders despite the military stop orders). 

 

N400 under ina 319(b) usually takes 1-5 months but the fast ones are usually 1-3 months. If you file too far ahead, they will take their beautiful time since you have enough time. But if you file closer.. they will expedite it like hell to make sure you get to have time to apply for your us tourist passport and your no fee military passport before you fly out. 

 

 

P.s. i filed it while i'm the us. I liked to file it here since the uscis asc (biometrics) place is 5 mins away from my home, and the uscis local field office is 4 mins away from my home. And i could do the dmv and ssa office while are all 5 mins away from my home. Its cost effective since i don't have to fly back to the us, pay for hotels or rent cars. So i think its better to file from within the us vs. Filling it from abroad. 

Edited October 31, 2020 by ZKT

[ZKT 118]

On 6/4/2020 at 1:06 PM, Katykat_mc said:

Hey guys,

so I spent several hours going through all these topics and I  found some valuable information. However, I would still

like to ask as I do not want to make any mistakes.

I arrived in the US in November 2019 on CR-1, my 10 year green card came in the mail in February 2020.

My husband re-enlisted couple weeks ago and we already know we will be going back to Europe - to Germany.

He wont have his hard orders until some time next year but he got an email with report date in December 2021.

 

1. When should I apply for naturalization under 319(b)? Is it easier from the US or Germany?

2. Will my travels affect the naturalization process in any way? I am asking because my husband is going on a 9 month long rotation in couple of months and I am planning on going to 

my home country for some months + travel some outside the US. Still not sure whether I should apply for re-entry permit or not but just wondering if they would look at my travels as

am not being serious about living here.

 

Thanks!

 

I just reread your post. I kept opening tabs up and you had a lot of posts. So i got confused which one i read and was replying to and some were similar but with different additional info. 

 

I replied on when its best to apply for the n400 under ina 319 (b) in another thread. Again the short answer is the soonest you get your hard orders. Then try to get the other things on the list that you need. 

 

Its easier to do it from the us cause its cheaper and you don't have to fly back and fourth especially during this pandemic.

 

Since your german. Make sure to apply for your BBG before you apply for your n400 so that you can keep your german citizenship and then be dual and have your american citizenship too. 

 

But yeah filing where depends on your situation. For me it was easier here in the us since its all done here near my house. And i can start applying for jobs on base even before i reach japan. Vs. When you get there then you'll look for a job. But like i said its very situational depending on the person. 

 

You can actually file your n400 the regular way on during the 90 days before your 3rd yr birthday of your green card. That way, you file for your citizenship when you are in germany and your interview and oath taking and everything will be in germany. People filing after the 3 yr rule can have their interview and oath taking ceremony abroad especially germany. Germany seems to be such a well versed uscis local field office abroad. If you go the normal n400 route then you can enjoy all your travel freely while hour husband is deployed and then just focus on the move when you get back. It makes your life simpler. 

 

If you apply for the n400 before you fly out under ina 319b then you might not be able to travel during those 9 months your husband is deployed since you will be busy with the uscis things and then the move later on when he gets back. Unless he gets deployed soon.. so you can still travel and then apply for the ina 319b when you get back and still have much time before you move. It can be any of those. Its really up to you. 

 

Travel outside the us doesn't affect your citizenship as long as all together its not more than 6 months in a year. So yeah you can totally travel just make sure they are less than 6 months together. 

 

And again don't forget to apply your bbg in germany before you apply for your us citizenship so you can keep both citizenships.