Military Spouse Moving To USA - Help!
#1
Just Joined
Thread Starter
Joined: Feb 2019
Posts: 12
Military Spouse Moving To USA - Help!
Hello,
My fiancé is in the US military and currently based in England until November 2019. We are getting married in May & I need to start thinking about applying for a green card or whatever it is that means I can travel with him from base to base.
I’m worried because around two years ago I was arrested for a DUI - it wasn’t that straight forward. I worked at a bar where a colleague spiked my drink, I drove home - got pulled over & arrested and it went to a trial, I managed to prove that I didn’t know I had drank alcohol (I was so tired from my shift I couldn't tell the difference at the time and I wasn’t massively over the limit) and all I got was a fine, I didn’t even lose my liscence. I have no idea whether this will show up on a criminal record or not but I’m terrified that it means I won’t be accepted for a green card.
Can someone help?
My fiancé is in the US military and currently based in England until November 2019. We are getting married in May & I need to start thinking about applying for a green card or whatever it is that means I can travel with him from base to base.
I’m worried because around two years ago I was arrested for a DUI - it wasn’t that straight forward. I worked at a bar where a colleague spiked my drink, I drove home - got pulled over & arrested and it went to a trial, I managed to prove that I didn’t know I had drank alcohol (I was so tired from my shift I couldn't tell the difference at the time and I wasn’t massively over the limit) and all I got was a fine, I didn’t even lose my liscence. I have no idea whether this will show up on a criminal record or not but I’m terrified that it means I won’t be accepted for a green card.
Can someone help?
#2
BE Enthusiast
Joined: Apr 2016
Location: Chicago, Illinois
Posts: 334
Re: Military Spouse Moving To USA - Help!
A single DUI without further incidents (like driving with a suspended license, insurance etc) is generally not regarded as a crime involving moral turpitude, which is what would be needed to have an impact on your immigration, so you should be fine.
As your fiancé is in the military, he should have access to immigration advice, filling and in some cases expedited processing. He should reach out through the appropriate internal channels to see what options he has through the military.
All that being said; you shouldn't have any issues gaining a CR-1 visa to immigrate here, but unless the military can help with expediting, you shouldn't expect for that to be completed by November if you are getting married in May.
As your fiancé is in the military, he should have access to immigration advice, filling and in some cases expedited processing. He should reach out through the appropriate internal channels to see what options he has through the military.
All that being said; you shouldn't have any issues gaining a CR-1 visa to immigrate here, but unless the military can help with expediting, you shouldn't expect for that to be completed by November if you are getting married in May.
#3
Just Joined
Thread Starter
Joined: Feb 2019
Posts: 12
Re: Military Spouse Moving To USA - Help!
A single DUI without further incidents (like driving with a suspended license, insurance etc) is generally not regarded as a crime involving moral turpitude, which is what would be needed to have an impact on your immigration, so you should be fine.
As your fiancé is in the military, he should have access to immigration advice, filling and in some cases expedited processing. He should reach out through the appropriate internal channels to see what options he has through the military.
All that being said; you shouldn't have any issues gaining a CR-1 visa to immigrate here, but unless the military can help with expediting, you shouldn't expect for that to be completed by November if you are getting married in May.
As your fiancé is in the military, he should have access to immigration advice, filling and in some cases expedited processing. He should reach out through the appropriate internal channels to see what options he has through the military.
All that being said; you shouldn't have any issues gaining a CR-1 visa to immigrate here, but unless the military can help with expediting, you shouldn't expect for that to be completed by November if you are getting married in May.
#4
Re: Military Spouse Moving To USA - Help!
Not being in one place very long can have an impact on your CR-1 process, because you have to pick a US Embassy where you will have a medical exam and visa interview. You will need to know where you'll be so you can fill out the paperwork correctly.
It could also be tricky because you must use the CR-1 visa within 6 months of the medical exam, and once you enter the USA you become a US PR right away, and are expected to make the USA your permanent home at that time. There could be exceptions fort military wives, but make sure you check this out thoroughly before applying for anything. You wouldn't want to go through all that time and expense just to have your PR status abandoned due to being outside the USA too long.
Rene
It could also be tricky because you must use the CR-1 visa within 6 months of the medical exam, and once you enter the USA you become a US PR right away, and are expected to make the USA your permanent home at that time. There could be exceptions fort military wives, but make sure you check this out thoroughly before applying for anything. You wouldn't want to go through all that time and expense just to have your PR status abandoned due to being outside the USA too long.
Rene
#5
Re: Military Spouse Moving To USA - Help!
It's been a long time since I was an Air Force brat....... but as I recall military time overseas counts as time in the US. The medical exam should be taken care of by the base hospital.
#6
Re: Military Spouse Moving To USA - Help!
You may have a slight problem with the DUI if at the medical they want to ascertain you are not a habitual drunkard. We have seen it reported here that they check this by doing regular checks over the course of a year - and the visa won't be granted until after it. YMMV though.
#7
Re: Military Spouse Moving To USA - Help!
A single DUI from several years ago should not be a problem. A habitual offender having two or more DUI's will incur closer medical investigation. One such poster which occurred long before any of the repliers here were members was from Canada and entering on a K-1 with 3 DUI's in Canada and one pending in the US. He was required to have a medical evaluation from the panel physician in Ottawa and received his K-1. However, they did put a stipulation on his records which were handed in at the port of entry which stated to adjust status, he had to take the special driver's class in the US for driver's who have numerous DUI's or traffic tickets on their license and it had to be sent in along with the AOS paperwork. Granted this was over a decade ago but habitual offenders can incur problems with getting a visa.
Honestly, I don't recall anyone being routinely checked for a year before obtaining approval of their Immigration Visa.
Honestly, I don't recall anyone being routinely checked for a year before obtaining approval of their Immigration Visa.
#8
Re: Military Spouse Moving To USA - Help!
As I understand it, the military have their own legal support team for spouses of US military personnel, and I sure they are familiar with ever possible twist caused by marriage to a non-US citizen, including the issue of being outside the US for extended periods. So rather than rely on on-line forums, I would recommend that you get in touch with the legal team that supports military spouse visas, as much of the advice here is going to be too generic for your circumstances.
#9
Just Joined
Thread Starter
Joined: Feb 2019
Posts: 12
Re: Military Spouse Moving To USA - Help!
Not being in one place very long can have an impact on your CR-1 process, because you have to pick a US Embassy where you will have a medical exam and visa interview. You will need to know where you'll be so you can fill out the paperwork correctly.
It could also be tricky because you must use the CR-1 visa within 6 months of the medical exam, and once you enter the USA you become a US PR right away, and are expected to make the USA your permanent home at that time. There could be exceptions fort military wives, but make sure you check this out thoroughly before applying for anything. You wouldn't want to go through all that time and expense just to have your PR status abandoned due to being outside the USA too long.
Rene
It could also be tricky because you must use the CR-1 visa within 6 months of the medical exam, and once you enter the USA you become a US PR right away, and are expected to make the USA your permanent home at that time. There could be exceptions fort military wives, but make sure you check this out thoroughly before applying for anything. You wouldn't want to go through all that time and expense just to have your PR status abandoned due to being outside the USA too long.
Rene
#10
BE Enthusiast
Joined: Mar 2015
Location: Virginia
Posts: 352
Re: Military Spouse Moving To USA - Help!
Military spouse here. Can confirm that living oversees on accompanied orders counts as time in the US, so it won't cause any issues, just make sure you are on his orders, as you'll need to include this when time comes to remove conditions and apply for naturalization. Most bases should have a legal advice center when an attorney can offer you advice on the process, and perhaps even file for you, although I've always elected to file myself because ultimately you're responsible for what is submitted either way. Officially they don't expedite military spouses for most situations, but I've found a supporting letter from a CO explaining situation (like upcoming PCS) can help things along.
I'm not 100% certain, but you might even be able to get your visa in the UK, and then get the visa stamped / endorsed on a US Military installation, without having to fly to the US. As others have suggested, contact the legal advice center or whatever his branch calls it. although as a fiancee, I'm not sure they'll see you directly. USCIS also have a dedicated phone line for members of the military and their family. A quick search will bring up the number.
I'm not 100% certain, but you might even be able to get your visa in the UK, and then get the visa stamped / endorsed on a US Military installation, without having to fly to the US. As others have suggested, contact the legal advice center or whatever his branch calls it. although as a fiancee, I'm not sure they'll see you directly. USCIS also have a dedicated phone line for members of the military and their family. A quick search will bring up the number.
#11
Just Joined
Thread Starter
Joined: Feb 2019
Posts: 12
Re: Military Spouse Moving To USA - Help!
Military spouse here. Can confirm that living oversees on accompanied orders counts as time in the US, so it won't cause any issues, just make sure you are on his orders, as you'll need to include this when time comes to remove conditions and apply for naturalization. Most bases should have a legal advice center when an attorney can offer you advice on the process, and perhaps even file for you, although I've always elected to file myself because ultimately you're responsible for what is submitted either way. Officially they don't expedite military spouses for most situations, but I've found a supporting letter from a CO explaining situation (like upcoming PCS) can help things along.
I'm not 100% certain, but you might even be able to get your visa in the UK, and then get the visa stamped / endorsed on a US Military installation, without having to fly to the US. As others have suggested, contact the legal advice center or whatever his branch calls it. although as a fiancee, I'm not sure they'll see you directly. USCIS also have a dedicated phone line for members of the military and their family. A quick search will bring up the number.
I'm not 100% certain, but you might even be able to get your visa in the UK, and then get the visa stamped / endorsed on a US Military installation, without having to fly to the US. As others have suggested, contact the legal advice center or whatever his branch calls it. although as a fiancee, I'm not sure they'll see you directly. USCIS also have a dedicated phone line for members of the military and their family. A quick search will bring up the number.
#12
BE Enthusiast
Joined: Mar 2015
Location: Virginia
Posts: 352
Re: Military Spouse Moving To USA - Help!
thank you for your help, as soon as we are married in May we will get the ball rolling. We have already heard talks of him getting extended here for another year since we are getting married, which would help. It’s so hard to figure out how to navigate it all and praying you will get accepted, keep your fingers crossed for me!