Abandon K1 and go for DCF?

[Rainschild 0]

Hello VJrs,

We're finding ourselves in a bit of a situation here. We filed the I-129F in March, still waiting on NOA2 from CSC after almost 5 months now. My USC fiance is military and just found out he's going to be stationed overseas, in Italy, his report date being in November 2009. Seeing how we don't even have NOA2 yet, it's very possible that he'll arrive in Europe long before I get my K1 visa. In this case, what should we do? Just abandon the K1 (or cancel it), get married in my country (Romania), go live with him in Italy and do DCF after 6 months of residency there?

I don't know it's very confusing... Or should I just get the K1, get married in the US during Christmas and apply for AOS? Is that even possible? Can I apply for AOS if I live on a military base overseas? Sorry for all the crazy questions, I'm just extremely confused now and this whole new situation is making me restless.

Thank you!

[Stephen + Elisha 92]

Something you may want to factor into your decision: the fact that your fiance is being deployed overseas renders you eligible for an expedite on your pending I-129F. Have him call the USCIS Military Helpline at 1-877-CIS-4MIL (1-877-247-4645). He'll need to submit a copy of his orders to get the expedite.

USCIS Military Info: http://www.uscis.gov/portal/site/uscis/men...0004718190aRCRD

[Otto 83]

Something to give serious thought to, yes.

Looking past the K-1, even if you get it before he ships out, you very likely would not come to the US (on your own), him come back to the states to get married, then leave you here to adjust status.

Presumably you want to be together - so you may just do what you're suggesting - unless he won't be in Italy for very long, which isn't likely.

[Stephen + Elisha 92]

Another point to consider: per the USCIS FAQ for Members of the Armed Forces, the 6-month residency requirement for DCF does not seem to apply to military members stationed overseas. So if you get married over there, he could file the I-130 at the consulate in Italy right away.

[Otto 83]

Another point to consider: per the USCIS FAQ for Members of the Armed Forces, the 6-month residency requirement for DCF does not seem to apply to military members stationed overseas. So if you get married over there, he could file the I-130 at the consulate in Italy right away.

Couple of good points I missed - because he is military - there are other avenues open to you guys that would not to ordinary civilians.

[Anh map 2,098]

If they lived together in US military housing would that count toward her establishing residency in Italy? I don't know, just bringing up a question that may be worth asking.

[Stephen + Elisha 92]

If they lived together in US military housing would that count toward her establishing residency in Italy? I don't know, just bringing up a question that may be worth asking.

According to the USCIS FAQ for military personnel linked above, it appears that military personnel stationed overseas can file the I-130 via DCF without a residency requirement. I'd call or email the military help center to double check, though.

[Rainschild 0]

Guys, thank you very much for the resources! I'll have my fiance call the military line ASAP!