Confused all around, I751 or N400 under 319(b) provision

[PBabz 137]

Seems it's that time again for me after successfully navigating the mayhem of USCIS, the NVA and US Embassy in London to obtain my CR1 visa and subsequent conditional green card, I'm back to get support from everyone's expertise here. 

Will try to keep my questions succinct and provide some background first.

 

My husband, the USC is active duty Air Force, we have been married for 3 years. We applied for CR1 almost immediately after our wedding with the intention of me moving to join him in Virginia, all was successful and I got my green card in the mail (waiting for me) when I arrived on 28 Feb 2021. Husband then received overseas orders (for England of all places!) 13 March 2021 and we moved back to the UK on 1 May 2021. We have been here in the UK ever since. 

My conditional green card is set to expire Feb 2023 so of course I've been reading and we were all set to do our I751application because I thought I had to be a LPR for 3 years minimum before applying for naturalisation, but today I'm reading differently! 

 

Questions are as follows, please:

 

1. I think I qualify for naturalisation under 319(b) provision, we're on overseas orders until May 2024, does that mean I qualify? 

(From: https://www.uscis.gov/policy-manual/volume-12-part-i-chapter-9)

319(b)

Must be LPR but no specified period of residence or physical presence is required

Must complete interview and oath in United States

 

2. Do I still have to apply for I751 to remove conditions if applying for N400 if I do qualify under 319(b) provision? 

If so, should I be applying at the same time?

 

3. Provision states that interview and oath ceremony must take place stateside - not a huge problem, but would it have to be me + husband?

 

4.I have also read under Section 4. this excerpt: The overseas naturalization provisions allows such an LPR spouse to apply for naturalization from abroad and complete any procedure relating to his or her application for naturalization while residing abroad.^[28]

Does that mean I could go through naturalisation without having to head back stateside? Has anyone known or been able to confirm this?

 

Everyone has always been so helpful so always a big thanks from me any support anyone can offer  

[Dashinka 24,635]

This thread may be helpful.  It is not too old.

 

Good Luck!

 

 

[Dashinka 24,635]

I also found this.

 

May I file my naturalization application if I am a conditional resident? What should I do? If you are a conditional resident, you may file for naturalization. If you are within the 90 days of the two-year anniversary (the expiration date on your green card) or if your naturalization application will not be processed prior to your two-year anniversary, you must filed a Form I-751, Petition to Remove Conditions on Residence, according to the instructions on the form. If you have already filed your I-751 Petition, please notify our office so that the Form I-751 may be considered and adjudicated at the time of your naturalization interview.

 

https://www.hoodmwr.com/acs/Media/Program_folder/IRO/Naturalization/319b_FAQ.pdf

[PBabz 137]

10 minutes ago, Dashinka said:

I also found this.

 

May I file my naturalization application if I am a conditional resident? What should I do? If you are a conditional resident, you may file for naturalization. If you are within the 90 days of the two-year anniversary (the expiration date on your green card) or if your naturalization application will not be processed prior to your two-year anniversary, you must filed a Form I-751, Petition to Remove Conditions on Residence, according to the instructions on the form. If you have already filed your I-751 Petition, please notify our office so that the Form I-751 may be considered and adjudicated at the time of your naturalization interview.

 

https://www.hoodmwr.com/acs/Media/Program_folder/IRO/Naturalization/319b_FAQ.pdf

Thank you so much @Dashinka

The thread you shared is extremely helpful, I have already started reading and this post is pretty explicit. 
I’m just kicking myself because it seems like we will have to apply to remove conditions after all. If only I had known, we would have jumped straight to naturalisation. I don’t have a particular interest in doing so, but I know it has the potential to make things easier, especially when we leave the UK and head back, thinking about employment, etc. 

 

Darn!!

[Letspaintcookies 2,310]

Dang you're just a tad too late to jump directly to naturalization. Once the ROC window opens you have to do it 🙈

[PBabz 137]

13 hours ago, Letspaintcookies said:

Dang you're just a tad too late to jump directly to naturalization. Once the ROC window opens you have to do it 🙈

Yep, so annoyed, information is so elusive! 

Husband and I are drowning in paper and misinformation for both applications. 

 

Sure there are some people out there going through the same process but will update how I'm doing here after I submit everything.