Drafting/Going to spouse's orignal country.

[mess 0]

This is a two part question.

A. Can you be military drafted if you have a green card? (I.E. - From Canada and in US. w/ GC)

If you do not yet have your green card, can you be military drafted? (Obviously, if the first answer is no, so is this)

B. We are 1/2 - 3/4 way through our process, he came here, we got married, filed K-1 and now awaiting Status of Adjust. and our interview, he's lived here for three years roughly. We now want to put it in reverse and he move back to Canada and I go w/ him. What is the most painless process to go through? Do we have any sort of headway since we have come so far in one side of the process, or are we even more behind because of it? Hearing draft rumors has got us even more motivated to go back to Canada.

Any sort of response would be greatly appreciated, thank you.

[AndyMisiu 0]

Ummm. I could be wrong, but I thought the draft went out in the 1970's. I didn't think the US had a draft anymore. I could be wrong.

[mess 0]

It did. But selective services are doing their reporting again. I am not trying to be an idiot, I just really am not sure what is going on. In any case, I do need answers..

[kitkat1 5]

This is a two part question.

A. Can you be military drafted if you have a green card? (I.E. - From Canada and in US. w/ GC)

If you do not yet have your green card, can you be military drafted? (Obviously, if the first answer is no, so is this)

B. We are 1/2 - 3/4 way through our process, he came here, we got married, filed K-1 and now awaiting Status of Adjust. and our interview, he's lived here for three years roughly. We now want to put it in reverse and he move back to Canada and I go w/ him. What is the most painless process to go through? Do we have any sort of headway since we have come so far in one side of the process, or are we even more behind because of it? Hearing draft rumors has got us even more motivated to go back to Canada.

Any sort of response would be greatly appreciated, thank you.

This is confusing - you are married but you filed a K1?

How has he lived here legally for the past three years?

I haven't heard draft rumors and this is of course extremely unlikely. Anyway, he won't have a green card for a while now so nothing can happen in the forseeable future.

If you are going to move to Canada to live permanently, you can abandon your petition which is generally meant to bring a foreign fiance to the US for the purpose of both marrying here and living here longterm.

[mess 0]

Filed a K1 then got married. I just didn't want to explain it all, it was a long process, but we did go thru it all so far, except AOS. Anyhow, why would selective services want you to register then? If someone could just atleast explain that part of things, my mind could half be at ease.

We are wanting to move to Canada for other reasons than a draft scare, we've been talking about it for a year or so now. So, what Im asking is, we've decided to go to his original country, instead of mine, whats the best, possibly faster route to take from here?

I apologize, I really dont mean to sound like a complete moron, my brain is just really stirred up over this selective services bit. I didnt explain well enough b/c I wanted a quick answer.

I am sorry.

[dwar49 0]

Okay here is the law regarding selective service

ATTENTION, UNDOCUMENTED MALES

& IMMIGRANT SERVICING GROUPS!

If you are a man ages 18 through 25 and living in the U.S., then you must register with Selective Service. It’s the law. You can register at any U.S. Post Office and do not need a social security number. Be sure to register before your 26th birthday. After that, it’s too late! Selective Service does not collect any information which would indicate whether or not you are undocumented. You want to protect yourself for future U.S. citizenship and other government benefits and programs by registering with Selective Service. Do it today

You are required to register for the selective service, however there is no draft at this time and I highly doubt that there will be.

Now for my commentary and opinion and before I start let me give you some background. I am a 21 year military veteran. I have had two sons who have served in the military, one is still active duty. Thankfully he is in a job that he will not be in harms way!!! In spite of all that, I do not personally agree with the US foriegn policy in regards to this so called way (we wont talk about why just suffice to say I disagree). Because of that disagreement with this countries foriegn policy I would not want my children called up in a draft to fight. However, if they chose that path then I would be the first to tell them that they need to make that decision, and that by refusing to serve they then should not be able to enjoy the benifits of this country.

I really have an issue with your attitude about this. First of all you want to come to this country and enjoy the benifits of living here. But yet you are worried that this country may ask you for something in return. If you have religious beliefs, or political beliefs that would keep you from serving in time of an emergency, then I suggest you stay in Canada. There are many options under the current laws that would let you serve in a capacity that would not involve military service. Unlike a natural born citizen you do have a choice, either live here and accept the responsibilities of that or dont move here!!!!

[john_and_marlene 162]

If he is between 18 and 26 he has to register. If a draft is made (which hasn't been done for a very long time) then he can be drafted.

He's been here for 3 years since the K1 without adjusting status? If you move back to Canada without adjusting status, I would think that he now has well over 2 years overstay. A passport will soon be required to enter the U.S. from Canada. Will he have a ban? Normally waiting to file AOS isn't a big deal, because any time after the I-94 expired is forgiven at the marriage-based AOS, but it sounds as if you aren't contemplating completing the AOS at all.

[mess 0]

I didn't move here, I am American Thank You. He's not. I am doing the asking, not him. I ask questions because I do not know the answers, I also made a mistake by not going to Canada. I don't appreciate ANY tone in this situation. If I can't freely come here to ask a process question - what is this site for?

John/Marlene - We filed for AOS immediately following our marriage, which was 2 years and 4 months ago. We haven't heard a word since. I asked someone roughly 6 months ago if our interview should have been scheduled and they said it could take up to 5 years.. ??

Now Im a bit more confused.

[john_and_marlene 162]

I didn't move here, I am American Thank You. He's not. I am doing the asking, not him. I ask questions because I do not know the answers, I also made a mistake by not going to Canada. I don't appreciate ANY tone in this situation. If I can't freely come here to ask a process question - what is this site for?

John/Marlene - We filed for AOS immediately following our marriage, which was 2 years and 4 months ago. We haven't heard a word since. I asked someone roughly 6 months ago if our interview should have been scheduled and they said it could take up to 5 years.. ??

Now Im a bit more confused.

Wow, that is a long time. Do you plan to wait and complete the AOS? Have you made an infopass appointment to make sure it is still active? I've seen where some people found out that a notice was mailed and returned undelivered (usually because there was a name on the mailbox and the name of the beneficiary was not on the mailbox) and they never knew about it. The AOS was denied in those cases and they didn't find out until later. The reason I ask if you plan to finish it is because the overstay is applied if the process is abandoned or the AOS is denied.

[mess 0]

No we haven't, make this thru my local BCIS? Will do that right away.

[john_and_marlene 162]

No we haven't, make this thru my local BCIS? Will do that right away.

yes, make an appointment with your district office.

[mess 0]

Thank you so much, you've been a wonderful help.

[john_and_marlene 162]

Thank you so much, you've been a wonderful help.

Let us know what you find out at infopass. It will give additional information back to the forum for future reference.

It would also give back to the forum if you would take the time to complete your timeline and profile information showing your local office. You can look up members based on the local office and compare wait times. It might have been a good thing for you to see if the 2 years was out of line.

What is your district office?

[mess 0]

I did have all that here at one time, while we were doing all of the initial paperwork, I was on this site every day for a year. I forgot that ID and password =/. Our local office is Tampa. I made an appt for Friday so hopefully we'll figure out some good news.

[john_and_marlene 162]

I did have all that here at one time, while we were doing all of the initial paperwork, I was on this site every day for a year. I forgot that ID and password =/. Our local office is Tampa. I made an appt for Friday so hopefully we'll figure out some good news.

The oldest active I-485 being worked on in Tampa is May 15, 2005 according to their status page:

https://egov.immigration.gov/cris/jsps/offi...lectedOffice=78