ScottoTX

Hello!! I have been reading through all of these threads for the past few days trying to wrap my head around everything and I am just wondering if some of you could possibly help me with some questions?

Me and my fiance are going to get married once he is back from his deployment in the next few months, however, we probably couldn't get married until December/January. I have a bit of a concern that in a years time from the time he arrives back in the States, he will be deployed again. Is there ways to have the process expedited at all as it seems that everything won't be complete in that amount of time. Is it worth hiring a lawyer to help with this process? I know the it isn't any different for military members but i didn't know if this changed if they were going to be deployed. We are looking to do the CR-1 visa as, from what i've read, is probably the best way to do it!

Also.. When i was 20 (now 29) I met a soldier online and moved to Texas and got married. Unfortunately i entered on an ESTA and then submitted paperwork through the USCIS while i was over there. I have been back numerous times since so i have no issue getting back in to the States but i don't know if this will affect me this time? I'm worried that it could be rejected because of me being young and stupid. My ex refused to pay the papers as apparently he had better things to pay, and we had a very messy breakup. I received a refusal in the post due to not sending in all required papers and i left a couple of months later. That was back in 2010.

My soon to be husband cannot move to the UK to be with me as he is in the army and I want to be over with him, more than anything. I'd be heartbroken if that could affect my chances.

I'd be super grateful if anyone could help! x

civilservant

The fact that you have previously been petitioned for an immigrant visa will not preclude you from getting one this time, but it might slow things down a little and cause a little more scrutiny - there could always be the suspicion that you spent that time looking for another American to marry to get over here.

Since that clearly isn't the case, I wouldn't worry about it, I would just be prepared for things to take a little longer and for you to be asked about the previous during interview. The US Government never forgets!

ScottoTX

Thanks for your reply!

Yeah, I did think that may be the case and it may look like that. However, i actually met my fiance while I was married and lived over there and he is one of my friends brothers! So known him a very long time!

Thanks for your help

Noorah101

My understanding is that things can be expedited if the USC is up for deployment. He would need to prove it.

Rene

ScottoTX

Ah, I see!
I'm sure that would be easy to do.. Well, i'd hope so at least!

Thank you Rene

scottyvisa

USCIS have a military helpline you could call, and he should also be able to get legal advice at his current installation. If he has orders while you're submitting the paperwork, definitely include those, along with a note from his CO or OIC if possible.

ScottoTX

Thank you!

Do you think it would be worth calling just to ask the questions or just wait till nearer the time when we are looking to start the process?

scottyvisa

If you know what questions you want to ask then sure give them a call. As far as I understand it you're going to get married early next year, then return to the UK and file for a CR-1, and you expect he may deploy again later that year? It shouldn't change much, the case can still proceed while he's on a tour, just make sure you get all the supporting paperwork you need from him before he sets off.

ScottoTX

I think he is going to call them on the military line as I'd have to call the standard customer services one.
We had spoken about him PCS'ing to Germany so he is closer to me while we go through the process. I am assuming it would still work the same if he was in Germany?

Also... Once it is all done, am I able to have dual citizenship? Is that something that automatically happens? Sorry if that's a daft question!

civilservant

After 3 years residing in the US and being married to the same US Citizen, you are believable to apply for naturalization as a US Citizen.

Noorah101

It's not automatic, no. But you can apply for US citizenship a few years after becoming a PR. And yes, you can be a dual citizen.

Rene

scottyvisa

Yes it would work the same if he's in Germany, and as long as you're married and it's an accompanied tour, you can get on his orders and join him there.

ETA: Also the Military line is for military members and their families. If you call them and say your fiancee is active duty I'm sure they'll help you.

Twinkle0927

However, if the USC spouse is a serving member of the military and due to be stationed abroad, citizenship for the spouse can be expedited. They don't have to wait the 3 years.

scottyvisa

Indeed, something I wish I had done before we moved overseas.

ScottoTX

Thank you so much for your help! Really appreciate it!

I think he is actually going to call the helpline from Afghanistan in the next couple weeks, maybe they'd give him more info or help than me.

I'm far too excited for him to get home and then get the ball rolling. Time is going so slow right now so I can only imagine how it will feel waiting for the cr-1 to go through!