Here on a K-1 but aren't allowed to get married...

[dch 0]

I arrived at the beginning of April. My fiance is in the USNA and we can't get married until he graduates, he is not allowed to. He was supposed to graduate May 23rd but a teacher failed him an now he won't graduate until probably August. What are my options other than going back home (Germany) and reapplying for my visa all over? I can't leave my fiance alone in this hard time. He has been working so hard for this. What if I overstay and we then file an I-130 along with the AOS?

Pls help....

(BTW we already decided to get an immigration lawyer involved)

[Thai family 0]

He could possibly put in a special request to be sent up his chain of command. This is an exceptional circumstance and perhaps the commanding Admiral will waive the requirement. I would doubt that they would let you live with him until he graduates, but perhaps they would let you be legal. It may be worth a try. I don't know how absolutely strict they are on the regs. It never hurts to ask.

[Thai family 0]

I arrived at the beginning of April. My fiance is in the USNA and we can't get married until he graduates, he is not allowed to. He was supposed to graduate May 23rd but a teacher failed him an now he won't graduate until probably August. What are my options other than going back home (Germany) and reapplying for my visa all over? I can't leave my fiance alone in this hard time. He has been working so hard for this. What if I overstay and we then file an I-130 along with the AOS?

Pls help....

(BTW we already decided to get an immigration lawyer involved)

P.S. There is JAG, the military legal office that can advise him free of charge. If he hasn't already done so, he should make an appointment with them. JAG and the AILA have an agreement that allows a JAG officer (lawyer) to consult with a member of the AILA on immigration issues that are beyond their scope.

[BexandAlan 0]

Hi

Sorry to hear about your problem. We have a little Military Spouse thread in the CR1 section, sadly its quite hard to find sometimes but here is the link http://www.visajourney.com/forums/index.ph...5&start=135

You may want to try posting in there to see if anyone can help

Good Luck

Bex xxx

[LaL 418]

I don't know anything about the military hangup, but a K1 that does not get married within the 90 days, can still file for AOS. They can no longer adjust based on the K1 (ie: I485 only), but now must also file the I-130 along with it.

[*JG* 2]

If you go back on the K-1, you must start all over again.

Check with someone in JAG and see what can be done.

[Army_Wife 2]

I saw your posting on the Military Spouse Thread.

I presume your Fiance's Commander already knew about your impending marriage due to some military stipulations .... it is not unknown for potential foreign wives etc to have to undergo background checks etc before marriage to military personnel.

Obviously this does not happen all of the time.

However, if the pending marriage has not been discussed, I would suggest he takes this matter up with his Commander and attempt to get some form of waiver for this situation.

You entered on a perfectly valid visa .... however, if you leave before marriage, you will need to apply again.

Sadly JAG often do not know the ins and outs of the immigration system and I've seen a lot of screw ups.

Therefore an immigration lawyer is a good idea and he should at least be able to give you some heads up on this matter.

However, the Commander hopefully may be able to help you guys out now that you've already entered the US .... also, do not pass up the chance to discuss the matter with the Chaplain, as they often are able to help at times when you least expect it.

Please let us all know how you get on, and don't forget to post this in the Military Spouse Thread in a hope it may help others in the future.

Goodluck.

[sib 7]

Hi,

I would write an email to the embassy in Frankfurt, Germany about what is going on. Sometimes the Consulate has more possibilities. It might be that you have to go back to have your visa reissued, but at least you have on without the complete hassle again.

Also try everything possible with the military, congressman, etc. They can be really helpfu, too.

Wishing you luck.

Sib