Spouse of a dod civilian and us citizenship is denied

[lingling17 0]

Hi everyone,

I’m seeking advice regarding my N-400 naturalization application, which was denied recently. I applied under INA section 319(b), as my spouse is a U.S. citizen employed as a civilian pipefitter for the Department of Defense (DoD) at the Puget Sound Naval Shipyard. His job requires annual temporary duty (TDY) assignments abroad, including multiple deployments to Japan over the past 10 years.

The denial was based on the officer's determination that my spouse didn’t meet the one-year continuous residence requirement overseas. However, TDY assignments are unpredictable and can be cut short or extended based on the nature of the job. I’ve read that under INA 319(b), spouses of U.S. citizens regularly engaged in qualifying overseas employment may be exempt from the continuous residence and physical presence requirements.

Can anyone confirm if my spouse’s role with the DoD qualifies as "qualifying overseas employment" under INA 319(b)? Has anyone faced a similar situation with TDY assignments and successfully received naturalization?

Thank you for your guidance!

[ghostinthemachine 76]

Afaik this would not qualify under 319b unless you can provide adequate proof that your spouse's employment abroad is scheduled for at least a year or longer (IIRC the burden of proof is on you and not USCIS). Regs also stipulate that you are supposed to join your spouse abroad imminently, but it sounds like you are permanently settled in WA? 

 

Never heard of anyone on TDY orders going down this route to be honest. People applying under 319b are typically accompanying spouses on PCS orders. I think you'd be hard pressed to find any IO approving such a petition for you under these circumstances.