319(b) Expedited Naturalization for spouse of entrepreneur/business owner

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vision1227

Registered Users (C)
Hi Everyone,
Wanted to pose a question.
I am an entrepreneur with a trading company based in Texas, it is a sole proprietorship.
My wife has had PR since 2004. We travel a lot (my entire family) because of my business sometimes for long periods of time, we cannot apply for her naturalization because there is no way she will meet residency requirements.
We maintain a home in Texas, 2 children together (US Citizens) bills, bank accounts, etc...

Was wondering if 319(b) may apply since it is 100% US business, and I am posted in different countries indefinitely, being over 1 year at a time.

All thoughts and inputs are well appreciated.
 
What requirements must I meet for naturalization under section 319(b) of the INA?
• You must be a lawful permanent resident at the time of your interview.
• You must meet the applicable naturalization requirements outlined in sections 312 and 316 of the INA and Title 8, Code of Federal Regulations (physical presence is not required).
• You must be married to a U.S. citizen and living together in a valid marital union.
• Your U.S. citizen spouse must be “regularly stationed abroad” as:
o A member of the U.S. Armed Forces;
o An employee or an individual under contract to the U.S. government;
o An employee of an American institution of research recognized as such by the Attorney General;
o An employee of an American-owned firm or corporation engaged in the development of foreign trade and commerce for the United States;
o An employee of a public international organization of which the United States is a member by law or treaty; or
o A person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the United States.
• You must show evidence that you will depart to join your U.S. citizen spouse within 45 days of your naturalization.
What does the term “regularly stationed abroad” mean regarding my spouse’s employment?
The term “regularly stationed abroad” means that the overseas employment contract for your spouse clearly shows that your spouse’s employment will continue abroad for at least one year after the date that you will be naturalized. When possible, you should file your application prior to your departure overseas. If you are already overseas, you should file your application only if the end date of your spouse’s employment contract will allow you to meet the eligibility criterion of having at least one year remaining overseas at the time of naturalization.
 
Yes, thank you. I have all the requirements.
In this case, I, myself is the employer. And my wife will accompany me on my trips abroad lasting more than 1 year.
Thanks,

Me&Me said:
What requirements must I meet for naturalization under section 319(b) of the INA?
• You must be a lawful permanent resident at the time of your interview.
• You must meet the applicable naturalization requirements outlined in sections 312 and 316 of the INA and Title 8, Code of Federal Regulations (physical presence is not required).
• You must be married to a U.S. citizen and living together in a valid marital union.
• Your U.S. citizen spouse must be “regularly stationed abroad” as:
o A member of the U.S. Armed Forces;
o An employee or an individual under contract to the U.S. government;
o An employee of an American institution of research recognized as such by the Attorney General;
o An employee of an American-owned firm or corporation engaged in the development of foreign trade and commerce for the United States;
o An employee of a public international organization of which the United States is a member by law or treaty; or
o A person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the United States.
• You must show evidence that you will depart to join your U.S. citizen spouse within 45 days of your naturalization.
What does the term “regularly stationed abroad” mean regarding my spouse’s employment?
The term “regularly stationed abroad” means that the overseas employment contract for your spouse clearly shows that your spouse’s employment will continue abroad for at least one year after the date that you will be naturalized. When possible, you should file your application prior to your departure overseas. If you are already overseas, you should file your application only if the end date of your spouse’s employment contract will allow you to meet the eligibility criterion of having at least one year remaining overseas at the time of naturalization.
Click to expand...
 
Good luck to your wife then, and don't forget to submit the required documents for the INA 319 (b)
 
Last edited by a moderator:
vision1227 said:
Hi Everyone,
Wanted to pose a question.
I am an entrepreneur with a trading company based in Texas, it is a sole proprietorship.
My wife has had PR since 2004. We travel a lot (my entire family) because of my business sometimes for long periods of time, we cannot apply for her naturalization because there is no way she will meet residency requirements.
We maintain a home in Texas, 2 children together (US Citizens) bills, bank accounts, etc...

Was wondering if 319(b) may apply since it is 100% US business, and I am posted in different countries indefinitely, being over 1 year at a time.

All thoughts and inputs are well appreciated.
Click to expand...

Hmm, 319(b) is not something that is often discussed in this forum. My understanding was that it is usually used by spouses of the State Department employees and of the military personnel with long-term assignments abroad.
From looking at DHS's FAQ http://www.hoodmwr.com/acs/Media/Program_folder/IRO/Naturalization/319b_FAQ.pdf it is rather unclear to me if your wife would qualify. I think that in a case like this you'd be best advised to consult an immigration lawyer before applying.

What is not clear is if you qualify as an employee of an "American-owned firm or corporation engaged in the development of foreign trade and commerce for the United States" who is "regularly stationed abroad".

Even if you are self-employed, I suppose you own a registered corporation/business, right?

The phrase "regularly stationed abroad" in the regulations appears to mean that there is an actual formal contract between the corporation and the employee assigning the employee to an overseas location for an extended period of time. It is not clear to me if that is applicable to you or indeed how exactly it could apply to a self-employment situation. The situation seems to me to be sufficiently murky and complicated as to require competent legal advice.
 
My bet is that it's very difficult if not impossible to file expedited under 319(b) for a spouse of an entrepreneur due to the potential conflict of interest and abuse of self petitioning your own company.
 
Bobsmyth said:
My bet is that it's very difficult if not impossible to file expedited under 319(b) for a spouse of an entrepreneur due to the potential conflict of interest and abuse of self petitioning your own company.
Click to expand...


Well his wife should give it a shot at least, it worth trying. They have nothing to lose.
 
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