Has anybody here expedited their citizenship with being the spouse of a USC expat who has been moved abroad (non military). I believe through 319b.

[mrbtx 7]

Hi everybody, I am the spouse of a USC who just received my Green Card last week. I have been in the US for 5 years through various work visas, and am super happy to now be an LPR. 

However, my spouse (USC) has just been told that her company (large US conglomerate, very well known) want to move her / us to Europe for a 2 / 2.5 year assignment.

 

As it stands, I believe I have 2 options. 1) apply for a a re-entry permit (which would give me 2 years...We will be coming back every 3 months or so to visit anyway), and 2) potentially get expedited citizenship through 319b (Chapter 4 - Spouses of U.S. Citizens Employed Abroad | USCIS)

 

Has anybody here ever been in a similar situation and have been successful in going for expedited citizenship for their spouse under 319b that are non military? I believe it is ambiguous, but as I read the rules, I think that we would meet the criteria?

 

 

Quote

 

Qualifying employment abroad means to be under employment contract or orders and to assume the duties of employment in any of following entities or positions:^[12]

• Government of the United States (including the U.S. armed forces);

• American institution of research recognized as such by the Attorney General;^[13]

• 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;   This is the criteria that I think we would fall under?

• Public international organization in which the United States participates by treaty or statute;^[14]

• Authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States; or

• Engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States. 

 

 

Our intention is 100% to return back to the US once this assignment is over. Fortunately, my employer (Also large cap US employer), has agreed to let me work remote from Europe and will still pay me out of the US. My wife will also be paid from the US and we will both still file taxes here. We have a ton of family here and own a rental property. 

 

Thanks in advance for any responses. 

[Family 3,988]

45 minutes ago, mrbtx said:

think that we would meet the criteria?

I also think you meet the criteria and should apply TODAY ( maybe online). Given the New Cycle timelines , they are targeting N-400 to be interviewed within 6 months. Unrelated app, but indicative of upcoming changes…just had a friend file an I-485 in 3/9/22 and get an interview letter for 4/9/22…

 

Do not file I-131 as your travel back and forth w frequency 

 

 

[mrbtx 7]

21 minutes ago, Family said:

I also think you meet the criteria and should apply TODAY ( maybe online). Given the New Cycle timelines , they are targeting N-400 to be interviewed within 6 months. Unrelated app, but indicative of upcoming changes…just had a friend file an I-485 in 3/9/22 and get an interview letter for 4/9/22…

 

Do not file I-131 as your travel back and forth w frequency 

 

 

Ah, so this is something that I can do online? Would you suggest getting an immigration lawyer for this scenario (We did AOS ourselves) or do you think it is something we could do alone? My worry is that we will move address abroad, it would be better to have a lawyer attached to the case with a US address?

[Family 3,988]

So AT THIS moment of filing you have both a physical and mailing address in the US. And you set up an account on USCIS where you get email/texts and access to anything they send . 
Applying now gives u the chance to get either a notice for ASC ( biometrics) or notice they will use ur old prints. This will be very fast ( less than a month). 
 

IF you don’t have anyone here ( friend/family..no matter their US location) to put as  US MAILING ADDRESS :

Your Name 

c/o My Friend 

US address 

then you can log in to USCIS account ( once u have overseas mailing address) and do AR-11. 
 

If you DIY -ed your AOS and researched basis for expedite , you can DIY this.

[mrbtx 7]

53 minutes ago, Family said:

So AT THIS moment of filing you have both a physical and mailing address in the US. And you set up an account on USCIS where you get email/texts and access to anything they send . 
Applying now gives u the chance to get either a notice for ASC ( biometrics) or notice they will use ur old prints. This will be very fast ( less than a month). 
 

IF you don’t have anyone here ( friend/family..no matter their US location) to put as  US MAILING ADDRESS :

Your Name 

c/o My Friend 

US address 

then you can log in to USCIS account ( once u have overseas mailing address) and do AR-11. 
 

If you DIY -ed your AOS and researched basis for expedite , you can DIY this.

We will most likely be out of our current address within 6-8 weeks ... Would you still put our home address or use my wifes parents address? If we use ours, I worry that I would need to submit another form with a change of address (And I haven't heard great things about USCIS catching this). 

 

Additionally, you mentiuon this will be fast. The biometrics on the N400 will be? I literally got my GC last week after our interview, so I would imagine biometrics would be reused? Or, do you tihnk the timeframe for them to process the whole thing will be quick?

 

Worst case, say they deny it, my GC will still be valid, right? Then I could apply for a re-entry permit?

 

Other than cost, is there any reason why you wouldn't apply for both re-entry and expedited citizenship together to cover all bases?

[Family 3,988]

5 minutes ago, mrbtx said:

my GC last week after our interview, so

STOP! For N-400 you need 3 years , do you have that?
 

[mrbtx 7]

Just now, Family said:

STOP! For N-400 you need 3 years , do you have that?
 

No - I mentioned in the original post I literally got my GC last week. 

 

For expedited citizenship, you do not need 3 years. This is why I am exploring this option. 

 

Quote

A. General Eligibility for Spouses of U.S. Citizens Employed Abroad

The spouse of a U.S. citizen who is “regularly stationed abroad” in qualifying employment may be eligible for naturalization on the basis of their marriage.^[1] Spouses otherwise eligible under this provision are exempt from the continuous residence and physical presence requirements for naturalization.^[2]

The spouse must establish that he or she meets the following criteria in order to qualify: 

• Age 18 or older at the time of filing.

• LPR at the time of filing the naturalization application.

• Continue to be the spouse of the U.S. citizen up until the time the applicant takes the Oath of Allegiance.

• Married to a U.S. citizen spouse regularly stationed abroad in qualifying employment for at least one year.

• Has a good faith intent to reside abroad with the U.S. citizen spouse upon naturalization and to reside in the United States immediately upon the citizen spouse’s termination of employment abroad.

• Establish that he or she will depart to join the citizen spouse within 30 to 45 days after the date of naturalization.^[3]

• Understanding of basic English, including the ability to read, write, and speak.

• Knowledge of basic U.S. history and government.

• Demonstrate good moral character for at least three years prior to filing the application until the time of naturalization.^[4]

• Attachment to the principles of the U.S. Constitution and well-disposed to the good order and happiness of the U.S. during all relevant periods under the law.

We have already been married for over 12 months

[Family 3,988]

If you are an LPR since last week( ??!!!) then you  cannot apply for N-400. 
If you got a 2 year CR card , you will need to file I-751 first …

A. General Eligibility for Spouses of U.S. Citizens Employed Abroad

The spouse of a U.S. citizen who is “regularly stationed abroad” in qualifying employment may be eligible for naturalization on the basis of their marriage.^[1] Spouses otherwise eligible under this provision are exempt from the continuous residence and physical presence requirements for naturalization.^[2]

The spouse must establish that he or she meets the following criteria in order to qualify: 

• Age 18 or older at the time of filing.

• LPR at the time of filing the naturalization application.

• Continue to be the spouse of the U.S. citizen up until the time the applicant takes the Oath of Allegiance.

• Married to a U.S. citizen spouse regularly stationed abroad in qualifying employment for at least one year.

• Has a good faith intent to reside abroad with the U.S. citizen spouse upon naturalization and to reside in the United States immediately upon the citizen spouse’s termination of employment abroad.

• Establish that he or she will depart to join the citizen spouse within 30 to 45 days after the date of naturalization.^[3]

• Understanding of basic English, including the ability to read, write, and speak.

• Knowledge of basic U.S. history and government.

• Demonstrate good moral character for at least three years prior to filing the application until the time of naturalization.^[4]

• Attachment to the principles of the U.S. Constitution and well-disposed to the good order and happiness of the U.S. during all relevant periods under the law.

The period for showing good moral character (GMC) for spouses employed abroad is not specifically stated in the corresponding statute and regulation.^[5] USCIS follows the statutory three-year GMC period preceding filing (until naturalization) specified for spouses of U.S. citizens residing in the United States.^[6]

In general, the spouse is required to be present in the United States after admission as an LPR for his or her naturalization examination and for taking the Oath of Allegiance for naturalization.^[7]

A spouse of a member of the U.S. military applying under this provision may also qualify for naturalization under INA 316(a) or INA 319(a), which could permit him or her to be eligible for overseas processing of the naturalization application, to include interviews, filings, oaths, ceremonies, or other proceedings relating to naturalization.^[8]

[Family 3,988]

3 hours ago, mrbtx said:

Hi everybody, I am the spouse of a USC who just received my Green Card last week. I have been in the US for 5 years through various work visas, and am super happy to now be an LPR. 

However, my spouse (USC) has just been told that her company (large US conglomerate, very well known) want to move her / us to Europe for a 2 / 2.5 year assignment.

 

As it stands, I believe I have 2 options. 1) apply for a a re-entry permit (which would give me 2 years...We will be coming back every 3 months or so to visit anyway), and 2) potentially get expedited citizenship through 319b (Chapter 4 - Spouses of U.S. Citizens Employed Abroad | USCIS)

 

Has anybody here ever been in a similar situation and have been successful in going for expedited citizenship for their spouse under 319b that are non military? I believe it is ambiguous, but as I read the rules, I think that we would meet the criteria?

I did not see that anywhere ..and so the answer is NO N-400 possible. You will need I-751 Removal of Conditions ( if you have CR status or 2/year green card)

[Family 3,988]

17 minutes ago, mrbtx said:

For expedited citizenship, you do not need 3 years. This is why I am exploring this option. 

You have to first  get past I-751 Removal of Conditions and that you can only file after 18 months from date on your green card. 

[Ontarkie 14,218]

~~Moved To US Citizenship General Discussion, from General Immigration Discussion- As the topic is US Citizenship.~~

[Family 3,988]

Basically it means AFTER you file the I-751 ( 18 months after LPR status on your CR conditional resident card) , if you are still overseas , still married to USC , you can file the N-400 expedite because you will have had the 1 year ( instead of 3 years). They will adjudicate the I-751 and N-400 probably at the same time 

[Family 3,988]

You can therefore apply for the I-131 now, file the I-751 when your 18 month window comes up, and file N-400 a few days after based on Expedite which if approved will waive the both the physical presence and reduce the 3 yr to 1 yr. 

[Iscir 295]

2 hours ago, Family said:

Basically it means AFTER you file the I-751 ( 18 months after LPR status on your CR conditional resident card) , if you are still overseas , still married to USC , you can file the N-400 expedite because you will have had the 1 year ( instead of 3 years). They will adjudicate the I-751 and N-400 probably at the same time 

Not true. Expedited citizenship through 319(b) means that you can apply earlier that you would if you followed the normal process. You literally can apply the same day you become a LPR, no I-751 needed unless the applicants green card will expire within the next 90 days. Many of us have naturalized this way.

[Iscir 295]

6 hours ago, mrbtx said:

Hi everybody, I am the spouse of a USC who just received my Green Card last week. I have been in the US for 5 years through various work visas, and am super happy to now be an LPR. 

However, my spouse (USC) has just been told that her company (large US conglomerate, very well known) want to move her / us to Europe for a 2 / 2.5 year assignment.

 

As it stands, I believe I have 2 options. 1) apply for a a re-entry permit (which would give me 2 years...We will be coming back every 3 months or so to visit anyway), and 2) potentially get expedited citizenship through 319b (Chapter 4 - Spouses of U.S. Citizens Employed Abroad | USCIS)

 

Has anybody here ever been in a similar situation and have been successful in going for expedited citizenship for their spouse under 319b that are non military? I believe it is ambiguous, but as I read the rules, I think that we would meet the criteria?

 

 

 

Our intention is 100% to return back to the US once this assignment is over. Fortunately, my employer (Also large cap US employer), has agreed to let me work remote from Europe and will still pay me out of the US. My wife will also be paid from the US and we will both still file taxes here. We have a ton of family here and own a rental property. 

 

Thanks in advance for any responses. 

I did the process but it was because of the military. There are other threads here from people who naturalized and were not military. Maybe you can message them so they can guide you, but they did post a guide of their process. I hope this helps.