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Filed: K-1 Visa Country: Brazil
Timeline
Posted

Hi, i'm brazilian and i've been in the usa for 3 years. I've been with my fiancee for almost 2 years. He decided to go to the airforce, he already sent his application and he will be going on january 07. We are planning to get married before them. But i have questions about how to work my visa because i have a student visa right now. So what is the procedure, what should we do????

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Him being in the air force doesnt change how you file. Read the FAQs and guidelines to get yourself started.

The only time it would make any difference would be if he was posted in your home country. since he has a lot of training to do before he goes anywhere that wont be a factor.

If you are planning on getting married you need to read up on the K-3 visa board on how to file when you are here on another visa already. There are rules pertaining to that and I am not up on them all.

Just know that him being in the air force does not change the rules.

also with him just going in there will be certain things he will have to do, one being to get approval from the air force (his commanding officer) to marry a foriegn national. Depending on what work he will be doing it will effect his security clearance. some clearances will not be issued to people who are married to foriegn nationals.

June 05 Lisa and I fall in love

15 Mar 06 I-129F received at CSC NOA1

5 Aug 06 NOA2 after 143 days in CSC purgatory

20 Oct 06 Interview Date

16 Feb 07 Denial Letter received

12 Mar 07 Motion to reconsider submitted

10 Sep 07 Motion to Reconsider denied

9 May 08 Lisa and Married in United Kingdom

23 May 08 I-130 filed

Oct 08 NOA-2 received

May 7 09 Lisa's Interview I 601 filed

29 Jul 09 I-601 waiver approved

18 Aug 09 Passport to London Embassy

20 Aug 09 Tickets purchased for 10 Sep 09

WE HAVE FINALLY WON, OUR LONG AND HARD JOURNEY IS COMPLETE!!!!!!

Posted

But if she is already here on a student visa, it could be more complex than simply filing for a fiancee or spousal visa.

I would consult with an immigration attorney (the miltary should have one available at little to no cost) and make sure you do this right.

SA4userbar.jpg
Posted (edited)
Hi, i'm brazilian and i've been in the usa for 3 years. I've been with my fiancee for almost 2 years. He decided to go to the airforce, he already sent his application and he will be going on january 07. We are planning to get married before them. But i have questions about how to work my visa because i have a student visa right now. So what is the procedure, what should we do????

Well, I've been in the Air Force over 16 years now (I know, I look like a kid still). This could be a good thing as far as the processing of your paperwork is concerned. As a member of the Air Force, your husband would gain SOFA status if he is to be stationed at an overseas location. If you two are married, you would be able to join him with no problems. Likely, he would be stationed overseas for a couple of years...this would be plenty of time to adjudicate your visa petition. You would still be recognized as his dependent and you would have SOFA status at the overseas location, even if you don't have a visa to return to the U.S. Once your visa is approved, you would just go where he goes.

I have a friend that has been married to a Panamanian citizen for eight years. She went with him right after they got married to an overseas assignment and then this scenario played out for them. Her visa got approved, they went back to the U.S. and they are still married.

I hope this helps a little. Also, as his dependent, you will qualify for medical and other benefits. Plus, it should only help his I-134 as he'll have a military salary and would be able to qualify as making enough money to satisfy their monetary requirements.

Edited by mrc
Filed: AOS (pnd) Country: England
Timeline
Posted

My husband is in the Air Force and has never heard of having to ask his commanding officer for permission to marry a foreign national. He asked a few of his colleagues and superiors and they have never heard of it either. Maybe that is only for very specific work types - it is certainly not a general rule.

I'd like to say having a spouse in the military speeds things up but it doesn't. This whole immigration process is basically just luck of the draw. You can marry your husband on a student visa and just apply for AOS afterwards - I have a friend doing this right now. Just don't expect to be able to exit the country and re-enter on your student visa after you have filed for AOS - you will need Advanced Parole like the rest of us :-( You will still benefit from all the perks of the military when you marry even if you are not a permanent resident (healthcare, military ID, military discounts). You can also travel outside of the US provided you are taking military transportation (I know a lot of people who have done this).

Claire and Chris - 1st year together[br].png

Filed: K-1 Visa Country: Brazil
Timeline
Posted

I still a lot confused, because i mean should i marry him and still aply for a marriage visa or apply for a fiance visa like normal... or does all the documents and process is different? Does it change anything if we get married when he is in the airforce??

I just want to know which documents will i need, i the documents still the same as the fiancee or spouce ones or not, or is they are totally different!!

Thank you

Posted

If you're already in the US, you don't need to apply for a fiance visa, since the purpose of that visa is to allow you to enter the country in order to marry and settle here.

You've already been in the US for 3 years on a student visa. I don't think that USCIS is going to suspect immigration fraud for you to adjust status after your marriage after being here for 3 years already.

Although you may want to consult an immigration attorney, if it were me, I'd go ahead and get married and then adjust your status.

Filed: K-1 Visa Country: Colombia
Timeline
Posted

You should marry soon and file to adjust status. He should not wait until he is in the Air Force.

Most people dont realize how much they give up when they join the military. There is a cost in personal freedom. You do nothing without the knowledge of your leaders. I personally know a man here that is being punished for marrying a foreigner without the blessing of his First Sergeant. They made him move into the barracks while his wife lives off base. This is punishment because he married secretly.

There is no particular problem with security clearances ( at least to secret )and being married to foreign nationals as long as you are honest and keep everybody posted.

Your husband has none of these requirements. He is not in the military. You should marry before he is sworn in.

As far as breaks for the military I think you are only responsible for 100% as opposed to the 125% poverty level guideline. That is about it. I am encouraging you to marry soon so that you can get adjusted while he is still available for the interview. If he is gone when the interview happens they will put the whole case on hold until he comes back. That is the break they think they are giving to you.

I completely disagree with the entire process for military men and women. We send them all over the world to fight for us and when they fall in love and want to marry some foreign person we treat them like their last name is Bin Ladin. I think the entire process should be trashed for members of armed services, and before you all ask. NO!!!! I am not in the service and never have been. I just think that these heros ought to have pretty much what they want.

My husband is in the Air Force and has never heard of having to ask his commanding officer for permission to marry a foreign national. He asked a few of his colleagues and superiors and they have never heard of it either. Maybe that is only for very specific work types - it is certainly not a general rule.

I'd like to say having a spouse in the military speeds things up but it doesn't. This whole immigration process is basically just luck of the draw. You can marry your husband on a student visa and just apply for AOS afterwards - I have a friend doing this right now. Just don't expect to be able to exit the country and re-enter on your student visa after you have filed for AOS - you will need Advanced Parole like the rest of us :-( You will still benefit from all the perks of the military when you marry even if you are not a permanent resident (healthcare, military ID, military discounts). You can also travel outside of the US provided you are taking military transportation (I know a lot of people who have done this).

10 Nov mailed I 129F to TSC

16 Nov 29 Nov Notice date

3 Dec Received NOA 1

3 Jan 05 Please I just want to be touched

3 may 05 NOA2 E mail notification

7 May 05 Mail NOA2

11 May 05 sent petition to Bogota

18 May Packet 3 arrived

19 May Checklist taken to consulate

31 May Packet 4 delivered

29 June visa granted

1 July Visa delivered

Sometime in July Lucero came to US

13 Sept 05 Married

1 Nov 05 -USCIS recieved 485 and EAD

13 December RFE stupid things I should have included Returned very quickly

27 March received bio letter for New Orleans

7 Apr_06 Bio done in New Orleans

20 April 06 Touched on all applications

21 April Email received EAD approved

27 Apr Received EAD card

30 May 2006 Received appointment letter for JaX on 13 July 2006

13 July Interview successful approved

20 July Received green card

30 June 08 Sent I751 to remove conditions

25 July 08 Application returned erroneously incorrect fee

27 July mailed new application with separate checks

15 Sept 08 Application returned erroneously K2 not within 90 day timeframe

17 Sept Mailed 3rd application with mountains of proof of error copied Senator Mel Martinez

09 October 4th application package sent. This time they said the app signature page was a copy

10 Oct Sent package again 4th time.

25 Oct Received another NOA for Wife with $625 for the amount with one year extension

30 Oct 2008 Still nothing for step daughter. Checks still haven't cleared the bank

24 November Checks finally cleared the bank

February biometrics for wife Nothing for daughter.

Posted
You should marry soon and file to adjust status. He should not wait until he is in the Air Force.

Most people dont realize how much they give up when they join the military. There is a cost in personal freedom. You do nothing without the knowledge of your leaders. I personally know a man here that is being punished for marrying a foreigner without the blessing of his First Sergeant. They made him move into the barracks while his wife lives off base. This is punishment because he married secretly.

There is no particular problem with security clearances ( at least to secret )and being married to foreign nationals as long as you are honest and keep everybody posted.

Your husband has none of these requirements. He is not in the military. You should marry before he is sworn in.

As far as breaks for the military I think you are only responsible for 100% as opposed to the 125% poverty level guideline. That is about it. I am encouraging you to marry soon so that you can get adjusted while he is still available for the interview. If he is gone when the interview happens they will put the whole case on hold until he comes back. That is the break they think they are giving to you.

I completely disagree with the entire process for military men and women. We send them all over the world to fight for us and when they fall in love and want to marry some foreign person we treat them like their last name is Bin Ladin. I think the entire process should be trashed for members of armed services, and before you all ask. NO!!!! I am not in the service and never have been. I just think that these heros ought to have pretty much what they want.

My husband is in the Air Force and has never heard of having to ask his commanding officer for permission to marry a foreign national. He asked a few of his colleagues and superiors and they have never heard of it either. Maybe that is only for very specific work types - it is certainly not a general rule.

I'd like to say having a spouse in the military speeds things up but it doesn't. This whole immigration process is basically just luck of the draw. You can marry your husband on a student visa and just apply for AOS afterwards - I have a friend doing this right now. Just don't expect to be able to exit the country and re-enter on your student visa after you have filed for AOS - you will need Advanced Parole like the rest of us :-( You will still benefit from all the perks of the military when you marry even if you are not a permanent resident (healthcare, military ID, military discounts). You can also travel outside of the US provided you are taking military transportation (I know a lot of people who have done this).

It's not so much as you need permission. The Armed Services can't stop you from marrying. The problem lies with security issues. Marrying a foreign national could affect things like your clearance (especially those with Top Secret clearances). The DOD has invested thousands of dollars for an investigation (it cost 80K) for the initial processing of a TS clearance, so they don't want anything to jeopardize that. I have NEVER heard of anyone ever being denied the ability to get married.

There is a regulation (for every service) that outlines this process. In most cases, you don't have to do anything. But if you are stationed stateside and go to an overseas location to get married, there are some steps you must take to get married. Most of it is just procedure.

Filed: K-1 Visa Country: Colombia
Timeline
Posted

From the web::

This doesn’t mean a couple with one foreign partner can’t get married or even live together. It only

means a stop at the unit’s Security Office is required prior to marriage/cohabitation. The couple

should be prepared to provide the names, addresses, citizenship and vocations of the intended spouse/

cohabitant and their immediate family members. The Security Office uses the information to request

authority for the couple to marry, or cohabitate, from the MAJCOM SSO.

Once the Security Office has all the requested information, authority is normally provided to the

requesting Security Office within a day or two.

After marriage/cohabitation, one last visit to the Security Office is required. This time to complete a

Single Agency Check (SAC) on the new spouse, or cohabitant, which is forwarded to the Defense

Security Service. Dependent upon the results of the SAC, favorable or not, will determine whether or

not the SCI indoctrinated person will remain eligible for access to SCI.

When making plans to get married (or live together) to a non-U.S. citizen, remember to notify the

Security Office first!

10 Nov mailed I 129F to TSC

16 Nov 29 Nov Notice date

3 Dec Received NOA 1

3 Jan 05 Please I just want to be touched

3 may 05 NOA2 E mail notification

7 May 05 Mail NOA2

11 May 05 sent petition to Bogota

18 May Packet 3 arrived

19 May Checklist taken to consulate

31 May Packet 4 delivered

29 June visa granted

1 July Visa delivered

Sometime in July Lucero came to US

13 Sept 05 Married

1 Nov 05 -USCIS recieved 485 and EAD

13 December RFE stupid things I should have included Returned very quickly

27 March received bio letter for New Orleans

7 Apr_06 Bio done in New Orleans

20 April 06 Touched on all applications

21 April Email received EAD approved

27 Apr Received EAD card

30 May 2006 Received appointment letter for JaX on 13 July 2006

13 July Interview successful approved

20 July Received green card

30 June 08 Sent I751 to remove conditions

25 July 08 Application returned erroneously incorrect fee

27 July mailed new application with separate checks

15 Sept 08 Application returned erroneously K2 not within 90 day timeframe

17 Sept Mailed 3rd application with mountains of proof of error copied Senator Mel Martinez

09 October 4th application package sent. This time they said the app signature page was a copy

10 Oct Sent package again 4th time.

25 Oct Received another NOA for Wife with $625 for the amount with one year extension

30 Oct 2008 Still nothing for step daughter. Checks still haven't cleared the bank

24 November Checks finally cleared the bank

February biometrics for wife Nothing for daughter.

Posted
You should marry soon and file to adjust status. He should not wait until he is in the Air Force.

Most people dont realize how much they give up when they join the military. There is a cost in personal freedom. You do nothing without the knowledge of your leaders. I personally know a man here that is being punished for marrying a foreigner without the blessing of his First Sergeant. They made him move into the barracks while his wife lives off base. This is punishment because he married secretly.

There is no particular problem with security clearances ( at least to secret )and being married to foreign nationals as long as you are honest and keep everybody posted.

Your husband has none of these requirements. He is not in the military. You should marry before he is sworn in.

As far as breaks for the military I think you are only responsible for 100% as opposed to the 125% poverty level guideline. That is about it. I am encouraging you to marry soon so that you can get adjusted while he is still available for the interview. If he is gone when the interview happens they will put the whole case on hold until he comes back. That is the break they think they are giving to you.

I completely disagree with the entire process for military men and women. We send them all over the world to fight for us and when they fall in love and want to marry some foreign person we treat them like their last name is Bin Ladin. I think the entire process should be trashed for members of armed services, and before you all ask. NO!!!! I am not in the service and never have been. I just think that these heros ought to have pretty much what they want.

My husband is in the Air Force and has never heard of having to ask his commanding officer for permission to marry a foreign national. He asked a few of his colleagues and superiors and they have never heard of it either. Maybe that is only for very specific work types - it is certainly not a general rule.

I'd like to say having a spouse in the military speeds things up but it doesn't. This whole immigration process is basically just luck of the draw. You can marry your husband on a student visa and just apply for AOS afterwards - I have a friend doing this right now. Just don't expect to be able to exit the country and re-enter on your student visa after you have filed for AOS - you will need Advanced Parole like the rest of us :-( You will still benefit from all the perks of the military when you marry even if you are not a permanent resident (healthcare, military ID, military discounts). You can also travel outside of the US provided you are taking military transportation (I know a lot of people who have done this).

I'm in the Air Force with a TS and I also haven't heard about asking permission to marry a foreign national. There are even a handful of folks in my unit that have foreign spouses or fiancees themselves! From what I've gathered so far in this thread is that different services will typically have different procedures. I agree in that there aren't many benefits to filing anything with USCIS other than when it comes to your Affidavit of Suuport. Namely, when you go for your AOS and use the I-864, yea, the 100% guideline is beneficial as opposed to the 125% guideline.

Until he joins the AF, you shouldn't have to worry about any perks associated with it and so just go on as though it wasn't an issue. Once he does make his first step into Uncle Sam's turf, keep in mind that his training will take 6 weeks for basic training and depending on his chosen AFSC (job he will be doing), it could be an additional few weeks to few months! Some may take even a year of training. So be aware of everything he will be doing if he does get into the AF. But rather than worry about military stuff, again, I agree with the others in this thread.....marry before he goes in. Then adjust your status. Good luck to ya!

??Jul 2005 - we met online

28 Jul 2005 - our relationship "officially" started (we chatted almost every single night!)

4 Feb 2006 - I flew over to see her for her birthday and Valentine's Day

7 Mar 2006 - I-129F sent

9 Mar 2006 - petition received

14 Mar 2006 - petition opened

16 Mar 2006 - NOA1 sent (nothing heard since)

23 Jun 2006 - IMBRA RFE sent

6 Jul 2006 - IMBRA RFE reply sent

18 Jul 2006 - RFE reply recieved

19 Jul 2006 - touched

24 Aug 2006 - finally got bloody touched!!! (they responded to my RFE)

31 Aug 2006 - touched

1 Sep 2006 - NOA2! nuf said!!! (178 days)

5 Sep 2006 - touched? after already getting NOA2?

7 Sep 2006 - touched yet again...must be the mailing process

22 Sep 2006 - Case left NVC

26 Sep 2006 - Case arrived in Manila Embassy

7 Dec 2006 - Appointment letter sent

13 Dec 2006 - received Appt letter

21 Dec 2006 - St Luke's Medical appointment

28 Dec 2006 - Visa interview appointment (APPROVED!!!)

11 Jan 2007 - VISA ON HAND!!!! YEA YEA!!!!

17 Mar 2007 - First step into US soil (SFO)

28 Mar 2007 - Civil wedding at SF City Hall!

Adjustment of Status

16 May 2007 - finally mailed off AOS/EAD package

18 May 2007 - AOS/EAD received

22 May 2007 - AOS/EAD notice sent

25 May 2007 - status update on USCIS website

19 Jun 2007 - Biometrics Appointment in Sacramento

20 Jun 2007 - touched

26 Jun 2007 - touched

25 Jul 2007 - AOS touched

1 Aug 2007 - EAD approved. USCIS ordered production of new card

13 Aug 2007 - AOS interview (APPROVED!!!)

Posted

my husband joined the navy after we got married.

there's certain jobs he couldn't get even though he was qulified for(which were most of good jobs) because I'm not USC.

however we got married before he joined the military so I don't know about getting married to non-usc when you're in service.

I heard a lot of people had to change jobs when they get married to non-usc..becuase of security clearance

*Last Journey Started*

N-400

2009. 5. 6 Mailed N-400 to AZ Lockbox

2009. 5.15 Check Cashed

2009. 5.18 Recvd NOA1, NOA date is 5/13/09

2009. 6.16 Biometrics done

2009. 9.14 Interview - Passed!

2009. 9.21 Oath

Finally done with USCIS... FOREVER I hope

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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