C.F.R. » Title 8 » CHAPTER I—DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER C—NATIONALITY REGULATIONS › PART 319—SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: SPOUSES OF UNITED STATES CITIZENS

8 C.F.R. § 319.2

Person whose United States citizen spouse is employed abroad

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(a) Eligibility. To be eligible for naturalization under section 319(b) of the Act, the alien spouse of a United States citizen must:

(1) Establish that his or her citizen spouse satisfies the requirements under section 319(b)(1) of the Act, including that he or she is regularly stationed abroad. For purposes of this section, a citizen spouse is regularly stationed abroad if he or she proceeds abroad, for a period of not less than one year, pursuant to an employment contract or orders, and assumes the duties of employment;

(2) At the time of examination on the application for naturalization, be present in the United States pursuant to a lawful admission for permanent residence;

(3) At the time of naturalization, be present in the United States;

(4) Declare in good faith, upon naturalization before the Service, an intention:

(i) To reside abroad with the citizen spouse; and

(ii) To take up residence within the United States immediately upon the termination of the citizen spouse's employment abroad;

(5) Be a person of good moral character, attached to the principles of the Constitution of the United States, and favorably disposed toward the good order and happiness of the United States; and

(6) Comply with all other requirements for naturalization as provided in part 316 of this chapter, except for those contained in § 316.2(a)(3) through (a)(6) of this chapter.

(b) Alien spouse's requirement to depart abroad immediately after naturalization. An alien spouse seeking naturalization under section 319(b) of the Act must:

(1) Establish that he or she will depart to join the citizen spouse within 30 to 45 days after the date of naturalization;

(2) Notify the Service immediately of any delay or cancellation of the citizen spouse's assignment abroad; and

(3) Notify the Service immediately if he or she is unable to reside with the citizen spouse because the citizen spouse is employed abroad in an area of hostilities where dependents may not reside.

(c) Loss of marital union due to death, divorce, or expatriation of the citizen spouse. A person is ineligible for naturalization as the spouse of a United States citizen under section 319(b) of the Act if, before or after the filing of the application, the marital union ceases to exist due to death or divorce, or the citizen spouse has expatriated. Eligibility is not restored to an applicant whose relationship to the citizen spouse terminates before the applicant's admission into citizenship, even though the applicant subsequently marries another United States citizen.

[56 FR 50488, Oct. 7, 1991]
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1965–2024 · leading case: United States v. Laura Gallagher, 90 F.4th 182 (4th Cir. 2024).
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United States v. Laura Gallagher, 90 F.4th 182 (4th Cir. 2024). “§ 1430 (b); 8 C.F.R. § 319.2 (b)(1). Knowing Kalugin and Gallagher were living apart while “here in the United States,” the officer added, “would make a difference” to him.”
In re Petition for Naturalization of Sun Cha Tom, 294 F. Supp. 791 (D. Haw. 1968). · cites it 2× “Section 319(b), supra, and 8 C.F. R. 319.2, supra, require petitioners who seek naturalization under section 319(b) to declare an intention in good faith to proceed abroad, reside with the citizen spouse during the period of such spouse’s foreign employment and take up residence…”
In re Bortle, 244 F. Supp. 319 (D.D.C. 1965). “Bor-tle reads in pertinent part as follows: A person of the class described in Section 319(b) of the Immigration and Nationality Act shall establish an intention in good faith, upon naturalization, to reside abroad with the United States citizen spouse and to take up residence…”
HONG YIN v. Frazier, 804 F. Supp. 2d 969 (D.S.D. 2011). · cites it 2× “t to a lawful admission for permanent residence; (3) At the time of naturalization, be present in the United States; (4) Declare in good faith, upon naturalization before the Service, an intention: (i) To reside abroad with the citizen spouse; and (ii) To take up residence…”
United States v. Andrey Kalugin (4th Cir. 2024). “§ 1430 (b); 8 C.F.R. § 319.2 (b)(1). Knowing Kalugin and Gallagher were living apart while “here in the United States,” the officer added, “would make a difference” to him.”
— 8 C.F.R. § 319.2(a) — 1 case
HONG YIN v. Frazier, 804 F. Supp. 2d 969 (D.S.D. 2011). “t to a lawful admission for permanent residence; (3) At the time of naturalization, be present in the United States; (4) Declare in good faith, upon naturalization before the Service, an intention: (i) To reside abroad with the citizen spouse; and (ii) To take up residence…”
— 8 C.F.R. § 319.2(a)(1) — 1 case
HONG YIN v. Frazier, 804 F. Supp. 2d 969 (D.S.D. 2011). “t to a lawful admission for permanent residence; (3) At the time of naturalization, be present in the United States; (4) Declare in good faith, upon naturalization before the Service, an intention: (i) To reside abroad with the citizen spouse; and (ii) To take up residence…”
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