N-400 Expedited Naturalization via Section 319b

[mnbinth 2]

If you are a permanent resident and married to a spouse that is or will be employed overseas in the military, the government, non-profit agency or as a missionary, you may qualify for expedited naturalization under Section 319b of the Immigration and Nationality Act. The main advantage is that this completely waives the 3 year permanent residency requirement that most married N-400 applicants must follow. My wife became a citizen this way and the information below will hopefully give you some resources to help you on your journey.

Documents and Policies

Section 319 of the Immigration and Nationality Act

USCIS Section 319b FAQ

Title 8 of the Code of Federal Regulations elaborates on Section 319

The Adjudicator’s Field Manual is followed by all immigration officers

Click here for a cover letter template. It also has a list of documents I sent with my wife’s application.

Members of the military read this.

Questions

1. Where can I have the interview?

You can do your interview at any USCIS office. However, very few offices have experience with 319 cases and it may cause you some very costly delays as it did for my wife. If possible, request that your interview be done at the Fairfax, Virginia office in your cover letter. Even the Department of State tells its employees “You may choose to complete the interview at any USCIS district office in the US; however, [our] experience is that requesting a district office where they rarely, or maybe never, process a 319b case may cause delays.” They get a lot of these cases from members of the military and the government so go to Fairfax if you can. The other benefit of Fairfax is that they almost always do same-day oaths.

2. Do you have to be a local resident of the office your interview is in for 3 months?

No. According to 73.4(h)(1) of the field manual, there is no residency requirement for 319b filers. That's why you can have the interview anywhere.

3. Do we have to be married for 3 years?

No. This was the issue my wife had with a new immigration officer. We were married 1.5 years at the time of naturalization. The confusion came from Section 319a where it states a 3 year marriage requirement. Section 319a, c, and d have NO legal authority over 319b. Section 319 a, b, c, and d all have separate purposes with different requirements.

4. Can I apply from overseas and just come for the interview and oath?

Yes. 73.5(e)(1) supports this when it says you are “not required to demonstrate any physical presence prior to naturalization.”

5. How am I supposed make travel plans and bring proof of travel to the interview when I don't know when the oath ceremony is?

This is still a mystery to me, but if you have your interview in Fairfax or any other office that does same day oaths, this isn't an issue. Because of delays at our office we nearly missed our flight. Yes we could have changed plans but it would have been costly. If you leave within 2 weeks of becoming a citizen, you can get your passport in one day at the regional passport offices.

Dual Citizenship

1. If you are working towards dual citizenship, read this page.

2. For the United States official policy on dual citizenship, visit this page.

3. There are also some "risks" to dual citizenship.

4. For information on dual citizenship from Wikipedia and links to other government policies visit this page.

Edited January 31, 2009 by mnbinth

[T and M 1]

If you are a permanent resident and married to a spouse that is or will be employed overseas in the military, the government, non-profit agency or as a missionary, you may qualify for expedited naturalization under Section 319b of the Immigration and Nationality Act. The main advantage is that this completely waives the 3 year permanent residency requirement that most married N-400 applicants must follow. My wife became a citizen this way and the information below will hopefully give you some resources to help you on your journey.

Documents and Policies

Section 319 of the Immigration and Nationality Act

USCIS Section 319b FAQ

Title 8 of the Code of Federal Regulations elaborates on Section 319

The Adjudicator’s Field Manual is followed by all immigration officers

Click here for a cover letter template. It also has a list of documents I sent with my wife’s application.

Members of the military read this.

Questions

1. Where can I have the interview?

You can do your interview at any USCIS office. However, very few offices have experience with 319 cases and it may cause you some very costly delays as it did for my wife. If possible, request that your interview be done at the Fairfax, Virginia office in your cover letter. Even the Department of State tells its employees “You may choose to complete the interview at any USCIS district office in the US; however, [our] experience is that requesting a district office where they rarely, or maybe never, process a 319b case may cause delays.” They get a lot of these cases from members of the military and the government so go to Fairfax if you can. The other benefit of Fairfax is that they almost always do same-day oaths.

2. Do you have to be a local resident of the office your interview is in for 3 months?

No. According to 73.4(h)(1) of the field manual, there is no residency requirement for 319b filers. That's why you can have the interview anywhere.

3. Do we have to be married for 3 years?

No. This was the issue my wife had with a new immigration officer. We were married 1.5 years at the time of naturalization. The confusion came from Section 319a where it states a 3 year marriage requirement. Section 319a, c, and d have NO legal authority over 319b. Section 319 a, b, c, and d all have separate purposes with different requirements.

4. Can I apply from overseas and just come for the interview and oath?

Yes. 73.5(e)(1) supports this when it says you are “not required to demonstrate any physical presence prior to naturalization.”

5. How am I supposed make travel plans and bring proof of travel to the interview when I don't know when the oath ceremony is?

This is still a mystery to me, but if you have your interview in Fairfax or any other office that does same day oaths, this isn't an issue. Because of delays at our office we nearly missed our flight. Yes we could have changed plans but it would have been costly. If you leave within 2 weeks of becoming a citizen, you can get your passport in one day at the regional passport offices.

Dual Citizenship

1. If you are working towards dual citizenship, read this page.

2. For the United States official policy on dual citizenship, visit this page.

3. There are also some "risks" to dual citizenship.

4. For information on dual citizenship from Wikipedia and links to other government policies visit this page.

Fantastic page! The best summary yet of 319b, a very confusing process! You will surely help many people as you have helped my wife and I.

Congratulations!

[mnbinth 2]

I forgot to add, if you ever have any problems with USCIS during this process, contact your local U.S. Representative's or Senator's office. Explain the situation and they can get information on your case. Most likely they have a relationship with staff at the local USCIS office which helps a lot.

[Tammerx 0]

I appreciate all the information and the links.

I have a question about fingerprints. I am an American citizen residing in Albania employed as a missionary and am married to an Albanian. We just sent in our I-751 form and my husband will fly to the U.S. next weekend to do his Biometrics for that form (he will go for one week and come back).

In the meantime, we qualify for the expedited naturalization process under 319b and want to mail in that form as well-- but it seems from the different documents (FAQ) you've provided, that he has to do his fingerprints overseas.

________________________________________________________________________________

______________________________________________

Fingerprint fee OR two(s) sets of FD-258 fingerprint cards.

o If you are living overseas at the time of filing your application, you must go to a U.S. Embassy/Consulate or U.S. installation to have your fingerprints taken. You do not need to pay a fingerprinting fee to USCIS (you must check with the entity taking your fingerprints to find out if there is an associated fee).

________________________________________________________________________________

_______________________________________________

The U.S. Embassy in Tirana does not provide fingerprinting services any longer. The DHS office in Vienna is willing to do so, but my husband needs to get a visa to stop in Vienna for two days on his trip to the U.S.

I spoke with a representative at the DHS office in Vienna and he said that it is not clear whether the fingerprints for the N-400 HAVE to be done overseas or not.

It would save us time and money if he could do fingerprints for the N-400 while he is getting his biometrics done for the I-751 next weekend. Any ideas about this? Does the fingerprinting HAVE TO BE DONE OVERSEAS or can they be done in the States too? Does the application itself have to be mailed from overseas or can he take it with him and mail it within the U.S. ?

These may seem like trivial questions, but in speaking with the folks at the customer service center in the U.S., they had no idea, and even the DHS officer in Vienna seemed unclear as to whether the fingerprints had to be done from overseas or could be done in the U.S.

Thanks for your insight and getting back to me promptly.

[mnbinth 2]

I appreciate all the information and the links.

I have a question about fingerprints. I am an American citizen residing in Albania employed as a missionary and am married to an Albanian. We just sent in our I-751 form and my husband will fly to the U.S. next weekend to do his Biometrics for that form (he will go for one week and come back).

In the meantime, we qualify for the expedited naturalization process under 319b and want to mail in that form as well-- but it seems from the different documents (FAQ) you've provided, that he has to do his fingerprints overseas.

________________________________________________________________________________

______________________________________________

Fingerprint fee OR two(s) sets of FD-258 fingerprint cards.

o If you are living overseas at the time of filing your application, you must go to a U.S. Embassy/Consulate or U.S. installation to have your fingerprints taken. You do not need to pay a fingerprinting fee to USCIS (you must check with the entity taking your fingerprints to find out if there is an associated fee).

________________________________________________________________________________

_______________________________________________

The U.S. Embassy in Tirana does not provide fingerprinting services any longer. The DHS office in Vienna is willing to do so, but my husband needs to get a visa to stop in Vienna for two days on his trip to the U.S.

I spoke with a representative at the DHS office in Vienna and he said that it is not clear whether the fingerprints for the N-400 HAVE to be done overseas or not.

It would save us time and money if he could do fingerprints for the N-400 while he is getting his biometrics done for the I-751 next weekend. Any ideas about this? Does the fingerprinting HAVE TO BE DONE OVERSEAS or can they be done in the States too? Does the application itself have to be mailed from overseas or can he take it with him and mail it within the U.S. ?

These may seem like trivial questions, but in speaking with the folks at the customer service center in the U.S., they had no idea, and even the DHS officer in Vienna seemed unclear as to whether the fingerprints had to be done from overseas or could be done in the U.S.

Thanks for your insight and getting back to me promptly.

I don't think you'll get a straight answer on this unfortunately. Fingerprints are good for 6 months though so the fingerprints he's about to get might be good for the N-400 as well. I don't know if fingerprints cover the person for 6 months or just that application. If you can get the fingerprints in Vienna, it might be safe to just do it.

[Stella08 0]

USCIS recommends to file 319b applications in Washington DC:

http://www.state.gov/m/dghr/flo/c21634.htm

[Tammerx 0]

I appreciate all the information and the links.

I have a question about fingerprints. I am an American citizen residing in Albania employed as a missionary and am married to an Albanian. We just sent in our I-751 form and my husband will fly to the U.S. next weekend to do his Biometrics for that form (he will go for one week and come back).

In the meantime, we qualify for the expedited naturalization process under 319b and want to mail in that form as well-- but it seems from the different documents (FAQ) you've provided, that he has to do his fingerprints overseas.

________________________________________________________________________________

______________________________________________

Fingerprint fee OR two(s) sets of FD-258 fingerprint cards.

o If you are living overseas at the time of filing your application, you must go to a U.S. Embassy/Consulate or U.S. installation to have your fingerprints taken. You do not need to pay a fingerprinting fee to USCIS (you must check with the entity taking your fingerprints to find out if there is an associated fee).

________________________________________________________________________________

_______________________________________________

The U.S. Embassy in Tirana does not provide fingerprinting services any longer. The DHS office in Vienna is willing to do so, but my husband needs to get a visa to stop in Vienna for two days on his trip to the U.S.

I spoke with a representative at the DHS office in Vienna and he said that it is not clear whether the fingerprints for the N-400 HAVE to be done overseas or not.

It would save us time and money if he could do fingerprints for the N-400 while he is getting his biometrics done for the I-751 next weekend. Any ideas about this? Does the fingerprinting HAVE TO BE DONE OVERSEAS or can they be done in the States too? Does the application itself have to be mailed from overseas or can he take it with him and mail it within the U.S. ?

These may seem like trivial questions, but in speaking with the folks at the customer service center in the U.S., they had no idea, and even the DHS officer in Vienna seemed unclear as to whether the fingerprints had to be done from overseas or could be done in the U.S.

Thanks for your insight and getting back to me promptly.

I don't think you'll get a straight answer on this unfortunately. Fingerprints are good for 6 months though so the fingerprints he's about to get might be good for the N-400 as well. I don't know if fingerprints cover the person for 6 months or just that application. If you can get the fingerprints in Vienna, it might be safe to just do it.

Thanks for your input and helpful links. My husband got his visa for Austria, so to be on the safe side, he's going to stop at the DHS office there and do the prints and send them in with his N-400 application.

[Stella08 0]

Are you affiliated with the US military? If so, check on a post/base with the MP station. My friend had her fingerprints done there when she filed for citizenship from Germany a few years ago.

[T and M 1]

So my wife had her interview on 12 February and she passed. 6 correct answers out of 6 questions asked. We were very excited. The IO told us that there were no more oaths that day, but that we should come back at 1:20pm on the 20th. So yesterday we went back to the District office with my grandmother and parents, who came back from their vacation early, only to find out that the IO had not yet made a final decision. The file was apparently locked in his office, and he was on his day off. They told us that we should receive a letter or a phone call and that we should wait before returning again.

Our Congressman's office always gives us updates, so I suppose they will call over to the Atlanta DO Monday morning to find out what is going on. I am kind of worried, but maybe the IO just forgot to put her on the list. Perhaps it is nothing huge. Either way, we are obviously anxious to finally finish the process. We leave to go abroad again in late March. Frustrating.

[mnbinth 2]

So my wife had her interview on 12 February and she passed. 6 correct answers out of 6 questions asked. We were very excited. The IO told us that there were no more oaths that day, but that we should come back at 1:20pm on the 20th. So yesterday we went back to the District office with my grandmother and parents, who came back from their vacation early, only to find out that the IO had not yet made a final decision. The file was apparently locked in his office, and he was on his day off. They told us that we should receive a letter or a phone call and that we should wait before returning again.

Our Congressman's office always gives us updates, so I suppose they will call over to the Atlanta DO Monday morning to find out what is going on. I am kind of worried, but maybe the IO just forgot to put her on the list. Perhaps it is nothing huge. Either way, we are obviously anxious to finally finish the process. We leave to go abroad again in late March. Frustrating.

Don't worry, having the congressman's office on their back will ensure you get through this!

Edited February 23, 2009 by mnbinth

[BZBoy 0]

Hi, this thread has been extremely helpful. I am about to apply for my wife's naturalization thru 319(B) and I would like request if some could share a template of affidavit of applicant. Im not sure what that is, or how it is to be used.

Thanks,

[mnbinth 2]

Hi, this thread has been extremely helpful. I am about to apply for my wife's naturalization thru 319(B) and I would like request if some could share a template of affidavit of applicant. Im not sure what that is, or how it is to be used.

Thanks,

This is the letter from your "employer" making a statement that you meet the requirements listed below. This is submitted with your N-400 application. My letter was a very simple one page letter with exactly what they ask for below. It was signed by the most important person I could find in the organization.

An official letter from a U.S. government agency, public international organization, or firm incorporated

in the U.S. or a foreign subsidiary with at least 51% American ownership that includes the following:

• The title of the official making the affidavit, the name of the firm or corporation, and whether he or

she has access to the records of the firm or corporation; and

• Whether the employing organization is an American firm or corporation engaged in the development

of foreign trade and commerce of the U.S. or is a subsidiary thereof. An American firm is defined as

being at least 51% owned by U.S. citizens; and

• The nature of the business which is conducted by the employing organization; and

• The name of the State under the laws of which it was organized, the date of incorporation, and that it

is existent.

• The facts of the U.S. citizen spouse’s employment and the basis of hire (contract, regular employee,

etc.) and the prospective length of time he is committed to remain in overseas employment.

[curtdfw 0]

• Whether the employing organization is an American firm or corporation engaged in the development of foreign trade and commerce of the U.S. or is a subsidiary thereof. An American firm is defined as being at least 51% owned by U.S. citizens; and

Does anyone know if the phrase "...an American firm or corporation engaged in the development of foreign trade and commerce of the U.S." mean only non-profits for the purposes of 319b, or can the phrase include typical profit-making firms? I'm finding conflicting web sources.

I'm down to the finals for a 2-year expat position in Central America with a US company (not a non-profit), and my wife has been in the US for six months on her CR-1. This would be a great way to accelerate the citizenship process...

Advice or opinions appreciated on this option or on alternatives...

[mnbinth 2]

Does anyone know if the phrase "...an American firm or corporation engaged in the development of foreign trade and commerce of the U.S." mean only non-profits for the purposes of 319b, or can the phrase include typical profit-making firms? I'm finding conflicting web sources.

I'm down to the finals for a 2-year expat position in Central America with a US company (not a non-profit), and my wife has been in the US for six months on her CR-1. This would be a great way to accelerate the citizenship process...

Advice or opinions appreciated on this option or on alternatives...

No, it does not have to be non-profit. That is a separate qualification option. Assuming you meet all the other requirements, the only requirement of your company is that it is "An American firm or corporation engaged in whole or in part in the development of foreign trade and

commerce of the U.S." That is a VERY broad definition so I'm sure you'll be fine. I suggest you write the letter from your company and make it sound like it's doing exactly what this requirement says. Emphasize it is U.S. owned, operating abroad and involved in commerce that benefits the U.S. I wouldn't worry about it if you already meet all the other requirements.

[Army_Wife 2]

Hi,

Do you have any idea as to how soon someone can send their application in for the 319b?

Am currently putting my packet together .... but not flying until April/May.

Was thinking 6 months would be OK to allow them to get working on it.

BTW, Thank you so much for the helpful information you've put on VJ concerning this expedite