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Thread: Anyone familiar with Section 319(b) of the Immigration & Nationality Act?

  1. #1
    Hi - My husband (USC) and I (Conditional PR b/c married for less than two years) are planning to move abroad for his job; he will be working as a convertible bond trader with an American investment bank, and will be able to provide evidence for a contract for at least an year.

    I have read an article on Ilw.com that according to Section 319(b) of the Immigration & Naturalization Act, an alien spouse can "benefit from expedited naturalization process" if USC spouse works for a "US business engaged in foreign trade" for "at least an year".. and that the residency requirement of the alien spouse will be waived.

    Any one familiar with this? I cannot find out which form I'd need to file..

    I found an old posting from "Old Man" who seemed very knowledgeable of this topic - would you help please? Thank you!

  2. #2
    Hi - My husband (USC) and I (Conditional PR b/c married for less than two years) are planning to move abroad for his job; he will be working as a convertible bond trader with an American investment bank, and will be able to provide evidence for a contract for at least an year.

    I have read an article on Ilw.com that according to Section 319(b) of the Immigration & Naturalization Act, an alien spouse can "benefit from expedited naturalization process" if USC spouse works for a "US business engaged in foreign trade" for "at least an year".. and that the residency requirement of the alien spouse will be waived.

    Any one familiar with this? I cannot find out which form I'd need to file..

    I found an old posting from "Old Man" who seemed very knowledgeable of this topic - would you help please? Thank you!

  3. #3
    INA 319 (b) allows naturalization with no residence/ physical presence requirement.

    You do have to have a USC spouse. The USC spouse has to be employed w/ certain orgs overseas. Overseas employment must be 12 months or more. Be aware, that although it is termed "expedited naturalization", the process is just as slow as all the others. You have to meet all the requirements when you apply, get the interview, and take the oath. One year of overseas employment won't cut it. You should only apply under this section if your spouse is planning on working overseas for many years.

  4. #4
    Old Man,

    Thank you. My husband indeed will work overseas for at least the next 10 years.

    1. Is N-400 the only form I need to submit? When I submit N-400, is there anything else that need to be attached to prove that my husband and I are moving overseas for his work with a US-based bank?
    2. Is it better to hire a lawyer to do this for me or should I do this myself?
    3. I have read that I could apply at any INS office I want and that Baltimore and Boston are the fastest in terms of processing time. Is this true?

    Thank you so much!

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