scottyvisa

Hi Everyone,

First of all, this site is amazing and so helpful, thank you!

I've just come back from a tip to America where I proposed to my very lovely girlfriend who is an American Citizen and we're very excited for the future now! We've decided for multiple reasons to settle in the U.S so first step is starting the K1 visa process. The wiki has been really helpful and answered most my questions but there are 3 things I haven't been able to get clarity on so wondering if anyone could help?

1 - My Fiancée is an Active Duty Office in the US Navy, I've seen conflicting information online as to whether this makes a difference or not, do you know if they prioritise cases for US Military or if the JAG corps for example help out?

2 - Once we marry I'll be keen to start working as soon as possible, do you have to wait until you receive your green card, or can you work as soon as you're married and have submitted an AOS?

3 - Once married, is it easy enough to leave and re-enter the US (if for example we wanted to honeymoon abroad) or do we need to wait for my greencard?

Any help appreciated!

Scotty

Guindalf

1. I believe the process is easier for members of the armed forces, but I don't know specifics.

2. You need to apply for EAD. Once you have that in hand (takes about three months), then you can work.

3. Again, while waiting, you need to apply for AP (Advance Parole) and you can re-enter the country with no problems. You can leave any time you want. Getting back in is the trick!

scottyvisa

That's really helpful thanks

ian-mstm

I don't know whether or not the case will be treated as a priority, but she will get a break when it comes to completing the I-864 Affidavit of Support. The rest of us had to demonstrate income at 125% of the current poverty level, but Active Duty personnel have to demonstrate only 100% of that level (see form I-864P).


You'll apply for employment authorization (EAD) as part of the AOS package. It'll usually take 60-90 days for that authorization to come through. Meantime, you can still look for work, go for job interviews, and verbally accept employment. You can't sign any paperwork until you have the EAD in hand.


As part of the AOS package, you'll apply for Advance Parole. This will give you permission to leave the US while the AOS is being adjudicated without abandoning that adjustment. This also takes 60-90 days. I strongly suggest you do not leave the US until you have A/P in hand... indeed, I wouldn't leave the lower 48 until you have it.

Ian

BunnyGirl

I *think* you can request an expedite if your fiancée is in the military. I'm sure if you Google you can found out more info.

sir_eccles

I thought it was only if they are about to be deployed but I could be wrong on that.

http://www.uscis.gov/archive/archive...mbers-military. Note in particular the special helpline number.

S Folinsky

Sometimes, being in the military helps.

These days, it is the "PIP" that helps for spouses in the US having entered without inspection.

Do note that some DHS offices seem to hate members of the military. When I was in practice, I had some quite bad experiences with San Diego on that score. My Bona v Gonzales case originated in San Diego. Even after winning at the Court of Appeals, DHS resisted for some years before Delia finally got her green card.

Pulaski

Does that mean she's away on a ship for extended periods? ..... If so you might consider the CR-1 route instead of the K-1. If you marry on the VWP (prior to applying for a CR-1) you can honeymoon anywhere you like (we went to Italy), and when you arrive in the US on your CR-1 you are authorized to work immediately you clear immigration (I started a "proper career job" just six days after arriving).

While your CR-1 is being processed you can still visit the US using the VWP.

scottyvisa

Thanks everyone. She's a doctor and currently based at a military hospital on mainland with no immediate deployments upcoming (doing her residency) so shouldn't away for any extended periods for a while at least.

Noorah101

Most likely won't be expedited, then.

Rene

S Folinsky

General comment: If the AmCit military spouse is deployed outside of the US, the non-citizen spouse can seek naturalization without waiting the normal three years. Those get expedited.

[Many years ago, I had an Immediate Relative adjustment where the naturalized AmCit petitioner's G-325 showed that he had never resided in the US. I made inquiry as to how that happened. Well, the Korean gentleman had married a Korean-American woman stationed with the US Army at YongSan in Seoul. He obtained an immigrant visa, landed in Honolulu, admitted as an LPR, filed an expedited N-400 and was naturalized and returned to Korea two weeks later. The first marriage lasted three years. All on the up-and-up.]