QUESTION

Looking for a lawyer who is familiar with applications for citizenship based on 319b

Asked on Jun 30th, 2016 on Immigration - Missouri
More details to this question:
Can the applicant for citizenship based on 319b whose spouse is a minister employed overseas make the application based on a job offer or must the spouse actually be working overseas before the application can be made?
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1 ANSWER

To qualify for naturalization under INA 319(b), you will need to establish your U.S. citizen spouse is regularly stationed abroad in qualifying employment for at least one year. Qualifying employment requires your spouse to be under contract or orders to assume a position. The statute does not indicate when calculating the one-year period of employment begins. USCIS calculates the one year period from the date of filing. You have the burden to prove your spouse's employment overseas will be for at least one year from the time of filing. 
Answered on Jul 01st, 2016 at 3:37 AM

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