Military spouse overseas under section 319(e) n-400

[valentinasc 330]

Is there any military spouse that applied or is applying for Naturalization under section 319(e)?

if so, I would like to hear more from you!

[HRQX 4,145]

18 minutes ago, valentinasc said:

Is there any military spouse that applied or is applying for Naturalization under section 319(e)?

It's technically through INA 319(a): https://www.uscis.gov/policy-manual/volume-12-part-i-chapter-9

Spouses of Military Members

The table below serves as a quick reference guide to certain residence, physical presence, and overseas naturalization provisions for spouses of service members. The paragraphs that follow the table provide further guidance on each provision.^[6]

Residence, Physical Presence, and Overseas Naturalization for Spouses of Members of the U.S. Armed Forces

INA Section	Residence	Physical Presence	Treatment of Time Residing Abroad	Overseas Naturalization
316(a)	LPR for 5 years	30 months	Time residing with U.S. citizen spouse serving abroad may be treated as residence and physical presence in the United States (INA 319(e))	May complete entire naturalization process from abroad
319(a)	LPR for 3 years	18 months
319(b)	Must be LPR but no specified period of residence or physical presence is required			Must complete interview and oath in United States

1. Spouses of Service Members (INA 316(a) and INA 319(a))

Spouses of service members may qualify for naturalization through the general naturalization provision or on the basis of their marriage to a U.S. citizen.^[7] The general provision applies to spouses who have been LPRs for 5 years immediately preceding the date of filing the naturalization application.^[8] Naturalization on the basis of marriage applies to spouses of U.S. citizens who have been LPRs for 3 years immediately preceding the date of filing the naturalization application and who have lived in marital union with their citizen spouses for those 3 years.^[9]

[valentinasc 330]

2 hours ago, HRQX said:

It's technically through INA 319(a): https://www.uscis.gov/policy-manual/volume-12-part-i-chapter-9

Spouses of Military Members

The table below serves as a quick reference guide to certain residence, physical presence, and overseas naturalization provisions for spouses of service members. The paragraphs that follow the table provide further guidance on each provision.^[6]

Residence, Physical Presence, and Overseas Naturalization for Spouses of Members of the U.S. Armed Forces

INA Section	Residence	Physical Presence	Treatment of Time Residing Abroad	Overseas Naturalization
316(a)	LPR for 5 years	30 months	Time residing with U.S. citizen spouse serving abroad may be treated as residence and physical presence in the United States (INA 319(e))	May complete entire naturalization process from abroad
319(a)	LPR for 3 years	18 months
319(b)	Must be LPR but no specified period of residence or physical presence is required			Must complete interview and oath in United States

1. Spouses of Service Members (INA 316(a) and INA 319(a))

Spouses of service members may qualify for naturalization through the general naturalization provision or on the basis of their marriage to a U.S. citizen.^[7] The general provision applies to spouses who have been LPRs for 5 years immediately preceding the date of filing the naturalization application.^[8] Naturalization on the basis of marriage applies to spouses of U.S. citizens who have been LPRs for 3 years immediately preceding the date of filing the naturalization application and who have lived in marital union with their citizen spouses for those 3 years.^[9]

Thank you for this! So in part 1 I select OTHER and then 319a. 

I have a pending I-751 and received a RFIE requesting me to reply with a location in the US for my interview where I can fly to and attend but I’ll be replying to USCIS to please merge the two applications and just interview in Japan. It’s too hard for me to fly to the States or a US territory with this pandemic 

[HRQX 4,145]

12 minutes ago, valentinasc said:

So in part 1 I select OTHER and then 319a.

No. Select box "B." https://www.uscis.gov/military/citizenship-for-military-family-members

Overseas Naturalization for Spouses of Service Members

.......

• Meet the requirements of either section 316(a) or 319(a) of the INA at the time you file your naturalization application.

.......

Section 319(a) applies to you if:

• You have been an LPR and have resided in the United States for at least three continuous years immediately before the date you file your naturalization application;
• You have lived in marital union with your U.S. citizen spouse for at least three years immediately before you file your naturalization application;
• Your U.S citizen spouse has been a U.S. citizen for at least three years immediately before you file your naturalization application; and
• You have been physically present in the U.S. for periods totaling at least 18 months out of the three years immediately preceding the date you file your application. Time spent living in marital union with your spouse who is abroad under military orders counts toward the continuous residence and physical presence requirements.

Edited April 15, 2021 by HRQX

[HRQX 4,145]

11 hours ago, valentinasc said:

Thank you for this! So in part 1 I select OTHER and then 319a.

My mistake. Advise from JAGs actually say to only select OTHER and write "Overseas Naturalization
under INA Section 319(e).” https://www.jag.navy.mil/legal_services/documents/RLSO_EURAFSWA_N-400_Packet_for_Spouse_(April_2016).pdf

 

Also see Page 9 of that PDF for "Request for Overseas Processing" form.

[valentinasc 330]

4 hours ago, HRQX said:

My mistake. Advise from JAGs actually say to only select OTHER and write "Overseas Naturalization
under INA Section 319(e).” https://www.jag.navy.mil/legal_services/documents/RLSO_EURAFSWA_N-400_Packet_for_Spouse_(April_2016).pdf

 

Also see Page 9 of that PDF for "Request for Overseas Processing" form.

This is exactly what I needed! I also came across a spouse that just went through the 319(e) process so, so far it looks like I’m in the right path! 
 

[R&OC 371]

I did so under 319 (b). Not familiar with the (e) version.