yorkieuk

Hi,

So I was recently asked a immigration question by my friend who is a bit confused over the whole immigration process and was hoping someone would be able to help!

Basically she got married to her husband (USC) last summer in England. He had been stationed in England I think for approx 3 years before they got married, around last summer he was sent somewhere in the middle east and is there till this summer. After that he returns to the US and my friend wants to join him.

I have read over DCF and it seems that if they had applied while he was still in the UK this would have been the right choice, however now he is in the middle east do they go down the CR1 route?

Also are there special circumstances given to military personnel? Meaning the way they which they file, also does he have to go to the US embassy for the interview or does she go on her own?

Thanks!

S Folinsky

As a veteran I am interested in such issues. I have passed it one to a friend in the US Army who knows about such things. If LTC Maggie has anything to say, I will let you know.

No advice given nor intended.

S Folinsky

The response:

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I don't see enough facts to know whether anything special would apply; but if the military member is stationed in the States now (and merely temporarily deployed to the Middle East, as most--but not all--are), then DCF is not available. But I'd need a minimum 30 minute consultation to gather the relevant facts to determine want to tell this person. I'd need to know branch of service, where stationed, any health issues with either party, etc. etc. They should go talk to a good immigration attorney. DIY = FIUY. Then after they FIU they will have to hire a lawyer anyway, but the fees will be more.

Sent from my iPhone

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It did take a minute for me to figure out "FIY" and "FIYU".


No advice given nor intended.

yorkieuk

Thank you very much for your response, I have recommended consultation with an immigration attorney as I looked on the USCIS website and couldn't find any clear answer.

However, I did discover a USCIS Military Help Line (1-877-247-4645) so am going to pass on to see what they advise.

I do know that her husband has not been stationed in the US for a while and has mostly been in the UK and now the middle east, and now him and his English wife want to return to the US in the summer. I will try and find out specifics asap.

I am having trouble trying to work out what FIU and FIUY are acronyms for though....

S Folinsky

Observation: I have every reason to believe that my friend is very well aware of the Military Help Line. On FIU and FIUY, the military has a penchant for acronyms and it was parodied in terms like SNAFU and FUBAR. The later two terms also use the letters "F" and "U" in close proximity. Translation: this is one of those circumstance which is NOT a DIY proposition.

No advice given nor intended.

Bill_S

IU == It Up

IUY == It Up Yourself

I'll let you work out what F stands for

jeffreyhy

The most frequently used word in the American dialect?

yorkieuk

Lol thanks for the clarification!

So I found out today that the military spouse is actually back in the US after serving in the middle east and they went ahead and submitted a K3 application, now I thought CR-1 was now the correct way to go and then found this http://travel.state.gov/visa/immigra...ypes_2993.html

'How will the Department of State process my K-3 visa petition?

Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

* The nonimmigrant K visa will be administratively closed.
* The application process explained below will not be applicable and cannot be used.
* The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. '

Does this mean K3's are no longer available and she will have to do CR-1 instead, I am pretty sure they filed after the Feb 1st deadline and are getting a bit worried as apparently the case isn't moving at all...

Noorah101

The K-3 is still available, if NVC receives an approved I-129F first. If NVC receives an approved I-130 first, or an approved I-130 and and an approved I-129F at the same time, NVC will drop the K-3 route and stick to processing the IV route.

It's "better" practice to just forget about the K-3 and just stick to the Immigrant Visa to begin with. Why go through all the headache of filing an I-129F, when chances are it could just be ignored, and even if a K-3 is obtained, it's NOT the better path to immigrate. The Immigrant Visa is the much preferred visa to immigrate with, because you become a US PR upon entry.

Rene

meauxna

Maybe they're just calling it a "K-3" because people think that's the name for a spouse visa... They have to file the I-130 as the first step anyway (for either Immigrant Visa or K-3).

Why don't you invite your friends to come join the board? Little details like where in the world the USC spouse are make a difference.
That way, they can learn where to find the right resources for what they are doing.

About the DIY = FIUY, clearly I disagree.. lots of people can do it just fine. That doesn't mean that everyone can, but FIUY is not automatic.