Enterline & Partners Consulting | info@enterlinepartners.com

How to Apply for Naturalization if your American Spouse is Stationed Abroad

Vietnamese spouses of U.S. citizens are generally eligible for green cards and eventually U.S. citizenship based on their marriage. In general, a person may only be naturalized after showing that they have resided in the United States as a green card holder for a certain prescribed period of time. However, what about Vietnamese citizens who are married to an American citizen but their American spouse is living overseas in Vietnam for employment reasons?

To address this situation, Act 319(B) of the Immigration and Nationality Act (INA) provides for an exception to the residency requirement for a Vietnamese spouse married to a U.S. citizen provided that the U.S. citizen is “regularly stationed abroad” under a qualifying employment. A qualifying employment abroad means that the American spouse must be stationed abroad for at least one year under an employment contract or order in any of the following entities or position:

  • Government of the United States (including the U.S. armed forces)
  • American institution of research recognized by the Attorney General;
  • American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States or a subsidiary thereof;
  • Public international organization in which the United States participates by treaty or statute;
  • Authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States; or
  • Engaged solely as a missionary by a religious denomination or by an interdenominational organization having a bona fide organization within the United States.

To qualify for naturalization under Act 319(B) of the INA, the Vietnamese spouse must establish that he or she meets the following criteria:

  • 18 years or older at the time of filing;
  • A lawful permanent resident at the time of filing of the naturalization application;
  • Continue to be the spouse of the U.S. citizen regularly stationed abroad in qualifying employment for at least one year;
  • Married to a U.S. citizen regularly stationed abroad in qualifying employment for at least a year; Has a good faith intent to reside abroad with the U.S. citizen spouse upon naturalization and to reside in the United States immediately upon the citizen’s termination of employment abroad;
  • Establish that he or she will depart to join the citizen spouse within 30 to 45 days after the date of naturalization;
  • Understanding of basic English, including the ability to read, write and speak;
  • Knowledge of basic U.S. history and government;
  • Demonstrate good moral character for at least three years prior to filing the application until the time of naturalization;
  • Attachment to the principles of the U.S. Constitution and well-disposed to the good order and happiness of the U.S. during all relevant period under the law.

Although the process appears straightforward, it is still an unusual case to handle for USCIS officers. In fact, many USCIS officers have never handled such a case and may be unaware of the exception granted under Act 319(B). Applicants are advised to take note of the laws and procedures in applying for naturalization under A 319(B) of the INA.

 

ENTERLINE & PARTNERS CONSULTING
Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
Tel: 0933 301 488
CATEGORY
time
recent posts
CTA_Collection

contact us today for more information

Latest News

New Adjustment of Status Policy May Force Applicants To Attend Visa Interviews at a U.S. Embassy or Consulate

On May 22, 2026, the United States Citizenship and Immigration Services (“USCIS”) announced a shift in policy in which the agency will approve  Adjustment of Status (“AOS”) applicants for adjustment only in extraordinary circumstances. The policy, which USCIS says is consistent with long-standing immigration law and court decisions, will place a higher burden on nonimmigrants or those in the United States temporarily and may require them  to apply for immigrant visas at a U.S. Embassy or Consulate through consular processing. The revised policy, which is expected to be effective immediately, does not prevent nonimmigrants from applying for AOS, but it implies that such applicants will not be able to complete the adjustment process unless they can demonstrate they should receive the “extraordinary relief”  of adjustment.   The new policy is expected to significantly impact certain nonimmigrants such as those in the United States on B-1/B-2 Visitor Visas, spouses and children of

Read more >

Can I travel outside the U.S. and return after my I-829 is denied?

Traveling outside the United States after a Form I-829 Petition by Investor to Remove Conditions on Permanent Resident Status (“I-829 Petition”) denial is highly risky and strongly discouraged. While you, the investor and your family members, legally retain your Conditional Lawful Permanent Resident (“CPR”) status until a final administrative order of removal is issued by an immigration judge, U.S. Customs and Border Protection (“CBP”) enforces strict border policies, although improper, that can challenge your ability to return. Filing the I-829 Petition is the final step for investors in the U.S. EB-5 immigrant investor visa program.  An approval of the I-829 Petition removes the two-year conditional restrictions on an investor’s residency, granting lawful permanent resident status, and allowing the investor, their spouse, and unmarried children under 21 to receive a 10-year “Green Card”. The denial of the I-829 Petition does not immediately result in loss of an investor’s CPR status.  The

Read more >

Regional Center Job Creation under the RIA

When evaluating whether an EB-5 investment meets the requirement that an investor create at least 10 jobs for qualified U.S. workers, there is now more guidance under the RIA than before.  In general, an investment in a business sponsored by a Regional Center does not require all qualifying jobs come from employees hired directly by the business. Indirect and induced job creation based on approved methodologies remains the core of the Regional Center program advantage. As before the RIA, investors may rely on economically and statistically valid methodologies to determine the number of jobs attributable to the investment. These methodologies may be used to support estimates of directly created jobs and, where permitted under the statute, jobs created directly or indirectly through capital expenditures, increased export revenues, enhanced regional productivity, and broader domestic capital investment generated by the project. However, indirect job creation is now lightly restricted with only a

Read more >
Zalo
Phone
WhatsApp
Messenger
Messenger
WhatsApp
Phone
Zalo