Pending N400 and section 319 (b)

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pdjune2001

Registered Users (C)
Dear All,

We have an extraordinary situation for which I will request your input.

My wife and I applied for N400 back in Feb 2013 , did FP and leave US as I was posted abroad on an assignment. We got REP and applied for N470 as well.

By mid 2013, I completed my N400 by traveling to US and I now have US passport.

However, due to unavoidable circumstances my wife could not travel back to US for her interview and we postponed my wife's interview couple of times and it is still in that state.

Now, we are planning to visit US next month.
I have few questions :

1. We will try to visit the USCIS interview office for my wife to explain them the situation and request for her interview and oath.

2. We will also request to see if they can apply section 319 (b) to her case as I now have a passport and I am stationed abroad to work for an American company.

Will the above two points work ?

3. Lastly, her REP expires in March 2015. In the worst case that neither of the above two works, what should we do ?

Please advise.

Thanks for your help.
 
So she is basically 15 month out of the country and never returned during that time?

If this is the case then I would she will getting her N-400 denied because she broke her continuous resident requirement and she would be able apply again 4 year +1 day after she left the country.
 
Tazmania said:
So she is basically 15 month out of the country and never returned during that time?

If this is the case then I would she will getting her N-400 denied because she broke her continuous resident requirement and she would be able apply again 4 year +1 day after she left the country.
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Not necessarily. The N-470 would have protected her continuous residence up until her spouse's naturalization, so the time frame out of the country without N-470 may still be less than 1 year, depending on exactly when the OP naturalized.
 
2. We will also request to see if they can apply section 319 (b) to her case as I now have a passport and I am stationed abroad to work for an American company.
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They don't allow changing the category for N-400 eligibility after the process has started, unless the applicant was already eligible for the other desired category when the N-400 was filed. Since you were not a US citizen at the time of her N-400 filing, she wasn't eligible for 319(b) back then, so she'll have reapply in order to qualify for 319(b).
 
Jackolantern said:
Not necessarily. The N-470 would have protected her continuous residence up until her spouse's naturalization, so the time frame out of the country without N-470 may still be less than 1 year, depending on exactly when the OP naturalized.
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Thanks Jackolantern.

I naturalized mid August.
However my N470 is still not approved , even 18 months after applying. My lawyer just checked yesterday.

What does this mean for my wife's existing N400 application ?
Also, do you know how many days in advance can we apply for another REP for my wife ?

I am trying to decide whether

1. we go to US in late July and try our luck by directly going to USCIS district office for completing her N400 interview and oath OR
2. we go to US in October / November, apply for her REP, do the FP and come back. In this case, we will then have to apply for her N400 again in 319(b)

Thanks for your help.
 
Having stayed outside the US for over a year, and without an approved N-470, your wife's N-400 will be denied for breaking continuous residence. So there is no use in going back for the interview. She will either have to wait 4 years and 1 day (after ending her long stays abroad) or reapply with 319(b).

The new reentry permit application can be submitted anytime before the existing one expires, as long as the old reentry permit is included with the application.
 
Thanks. This makes sense.
And after applying for REP and doing FP, she can leave US and get the REP sent over to the US embassy, right ?

I guess, she has to wait for that REP to arrive in that embassy, before she can travel back to US.
Is my understanding correct ? Can she travel back, if required, before REP is in hand ?

Also, does she have to wait for REP is in hand, to be able to apply again in 319(b) ?
 
pdjune2001 said:
Thanks. This makes sense.
And after applying for REP and doing FP, she can leave US and get the REP sent over to the US embassy, right ?
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Yes. Since she will be in the US to submit the REP application and give FP, she won't need the REP to return to the US after FP, if the return date is less than a year after the departure date.

Also, does she have to wait for REP is in hand, to be able to apply again in 319(b) ?
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No. 319(b) and REP don't affect the timing of each other. She can even apply for 319(b) right now when outside* the US, but should include a letter requesting cancellation of the old case, including a copy of the N-400 receipt, in order to reduce the chances of them mixing up the two cases.

*she would have to arrive in the US for N-400 FP, so it would be a good idea to time the trip so the FP for both the REP and new N-400 can be done together. However when applying for 319(b) it is possible to submit fingerprints from abroad; another poster on the forum mentioned doing that but I can't find that post now.
 
I am in a similar state and am just wondering if you were asked questions about your expat assignment. I was under the impression that there can be some issues if you take an expat assignment with pending N400 as your residence is changing. Looking forward to your reply. Thanks!

pdjune2001 said:
Dear All,

We have an extraordinary situation for which I will request your input.

My wife and I applied for N400 back in Feb 2013 , did FP and leave US as I was posted abroad on an assignment. We got REP and applied for N470 as well.

By mid 2013, I completed my N400 by traveling to US and I now have US passport.

However, due to unavoidable circumstances my wife could not travel back to US for her interview and we postponed my wife's interview couple of times and it is still in that state.

Now, we are planning to visit US next month.
I have few questions :

1. We will try to visit the USCIS interview office for my wife to explain them the situation and request for her interview and oath.

2. We will also request to see if they can apply section 319 (b) to her case as I now have a passport and I am stationed abroad to work for an American company.

Will the above two points work ?

3. Lastly, her REP expires in March 2015. In the worst case that neither of the above two works, what should we do ?

Please advise.

Thanks for your help.
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