limeynus

Its been a while since I was here! My nephew is married to an American, who's USAF. They met, married and have lived in England for the last 6 years (married for nearly 5). Nephews husband is now being posted back to US, does anyone know what the process might be? My nephew seems to think he just hops on a plane and shows up here. Is that really the case?

Thanks

Noorah101

No, that's not the case. He needs to obtain an immigrant visa, which can take about 12 to 18 months, unless the military can fast-track it. The USC needs to file an I-130 to get the ball rolling. Research Spouse Immigrant visa.

Rene

S Folinsky

I once handled a case involving a military spouse whom the military flew to the United Sates and the immigration authorities “paroled” into the United States. Bona v Gonzales. But that involved some exceptional circumstances.

I recommend that your nephew make an appointment with the nearest JAG office.

An interesting thread was posted in this forum just a few weeks ago.

S Folinsky

Also, AILA and JAG have a cooperative Military Assistance Project (aka MAP) to aid military members and their families. The JAG people are either knowledgeable OR they are very well of resources to help them providing aid.

limeynus

Thanks all. I think he could be in for a rude awakening. My nephew is expecting to be rolled into his orders. His husband is currently overseas and will be sent back directly to US, with my nephew expecting to join him.

S Folinsky

I, for one, really have no idea. The US military is given a lot of leeway in bringing people into the U.S.

SanDiegogirl

As said, surely the couple should be asking questions of the US military. Once presumes they don't just ship the active serviceman/woman back to the US and leave the spouse behind?

tht

What does that mean, is he military as well? I assume not USAF, if not does he have a job, if he does and it’s a multinational there could be the potential for an employment based visa which can be much faster than a Immigrant visa for family…

S Folinsky

My military days are long past, but there are many acronyms in place for the procedures such as PCS, TDY, FSA. And many are based on “orders.”

Do note that OP is not the involved party here.

limeynus

I'm not sure what it means, either its the term my nephew (English citizen) used. No he is not military and I don't think has enough qualifications to qualify for an employment based visa.

SanDiegogirl

He won't need an employment visa - he'll need to get a spouse visa. If the military don't assist in this then his husband will have to sponsor him for one.How do I contact USCIS with questions?

You can contact the toll-free military help line at 877-CIS-4MIL (877-247-4645, TTY 800-877-8339). Representatives are available Monday through Friday from 8am to 4pm (CST), except on federal holidays. You can also email USCIS with questions to [email protected].

tht

No one said he would need an employment based visa…. I suggested it as an option as it could be faster than an immigrant visa, hopefully the military route is faster than a normal family based one… but in general it seems like some employment based visas, especially with Premium processing can be way faster… I am married to a USC, but I did my entire process via employment/merit based route from L1a-GC-N400… vs a family based one…

limeynus

so as an update to this thread, I have discovered the Military are having him enter on his ESTA/Visa Waiver, I assume that they will have him adjust status once he is here, I know this is not the correct method, but that is about all I've been able to find out from him, he's not the most communicative person

christmasoompa

I think something must be lost in translation. That would be immigration fraud, so I very much doubt anybody is recommending that route to him!

limeynus

I agree! I have asked him several times to speak to an immigration lawyer. He and his partner maintain that's what they've been told to do. Since he flies out tomorrow I guess we'll see what happens.