I-751 and the Army

[soon~tobe 0]

So my non-USC spouse joined the Army in December. He leaves for basic March 22nd. His 2 year GC is going to expire in September (He will still be in training). The army told us on Monday night that he needs to apply for his 10 year before he leaves for basic (I wasn't there but is seemed like they even wanted him to have his 10 year when he left...IN TWO WEEKS!).

I love working with government organizations! why no one thought to mention this to us in December, when we maybe would have had a hope of having it before he left is on me. I scrambled and put everything together and set it overnight on Tuesday. They told me to send it in and write ACTIVE MILITARY on the top, which I have done. But, by looking at time lines, I don't think there is even a chance he will have his biometrics appointment before he leaves. I am afraid that he will leave for basic and then we will get his biometrics appointment after he leaves, which then he will not be able to attend. Needless to say I am a little freaked out…anyone have any experience with this??

[karenlou 0]

Hi,

I am in a similar position.

I am a non-US citizen (British) and I joined the Navy in January. While I was at MEPS I was told that I absolutely had to have my 10 year card before I could leave for basic. I wanted to leave ASAP but the put my shipping date five months ahead to give me enough time to get the card. It's really interesting to me that the Army are letting your husband leave for basic without his 10-year card while the Navy tell me that's impossible...hmmm...

Anyway, there is a way to file if your spouse is deployed; so perhaps that is the best route for you? I don't think that it will be too big an issue. Good luck!

[soon~tobe 0]

The Army said as long as he had applied it would be okay...but we might get a difrent story when he gets to MEPS on the 22nd. He would be really dissapointed if that happens,so I really hope that doesn't happen. Praying that either they let him go, or that the "active Militray" at the top of the application gets us expidited.

[karenlou 0]

If he has already been to MEPS and sworn in, he should be good.

[soon~tobe 0]

He has been to MEPS and sworn in DEC. so hopefully he is good.

[karenlou 0]

I think that because his current card's expiration date is so far ahead, it will be OK. Mine expired around a month after swearing in.

[Brother Hesekiel 2,236]

So my non-USC spouse joined the Army in December. He leaves for basic March 22nd. His 2 year GC is going to expire in September . . . . The army told us on Monday night that he needs to apply for his 10 year before he leaves for basic . . . .

One way to do this: call President Obama and ask for an executive order. If he refuses to sign it in your son's behalf, he has to do what the hundreds of thousands of other LPRs do: wait until 90 days before his Green Card expires, which is some time in June.

[soon~tobe 0]

Just Bob, Both the USCIS and the ARMY said we were allowed to apply early because of this military status, so that wasn't the question. We would have had no problem waiting, I was planning on filling at the 90 day point, just have my husband (not my son) sign the papers before he left. But, we were told by the army to apply before he left, they know of the 90 day rule. So I am sorry but I think you are confused.

[Catt 6]

Who exactly did your husband talk to? Did they say that someone who enters basic training could file prior to the normal filing date, at a speedier rate? Just because they are army doesn't mean they know anything about immigration procedure, so I would try and find out more specifics. It also seems somewhat of an oversight that the recruiter did not think of this when signing him up.

But in any case, this does not seem to be something you and your husband have to deal with by yourselves.

I assume, since he is still to start basic training, you are not living on/near post yet so you cannot go to ACS - sometimes they have people there who are in contact with USCIS, like was the case at our last post.But I'd get back in touch with the recruiter, or his CO or the 1rst Sergeant if need be, and ask more info. This is their problem, just as much as it is your husband's. If he wouldn't be able to ship out because of this, then they suffer a drop in quota, which should be motivation enough to get their buts in gear and help you figure out how you guys can file prior to the 90 day window and how this can get done fast, in a matter of days/weeks.

If all else fails, you can always contact your Senator or Congressman. Some are very helpful, some are not. But our Senator got us a military expedite in less than a day, for another part of the immigration process, while people on post were telling us it was not possible.

Good luck!

Edited March 10, 2011 by Catt

[soon~tobe 0]

Catt,

Yeah, I am annoyed that the recruiter failed to mention this earlier. His recruiter was the one who said we could file now, My husband called USCIS and they verified that he could file now.

I am trying to get as much info as I can. My Husband is AWFUL at asking questions and getting information, I keep trying to stress to him how important is we get as much info as possible on this from his recruiter. I guess we will find out how big of a deal it is to them when he goes on the 22nd.

We have filed, so we will see what happens from there…worse case I guess they will just send it back to us.

Thanks for the info!

[Catt 6]

Catt,

Yeah, I am annoyed that the recruiter failed to mention this earlier. His recruiter was the one who said we could file now, My husband called USCIS and they verified that he could file now.

I am trying to get as much info as I can. My Husband is AWFUL at asking questions and getting information, I keep trying to stress to him how important is we get as much info as possible on this from his recruiter. I guess we will find out how big of a deal it is to them when he goes on the 22nd.

We have filed, so we will see what happens from there…worse case I guess they will just send it back to us.

Thanks for the info!

My husband is actually heading a recruiting Company right now, I am going to talk to him tonight and will send you a message if I find out more.

And again, if his recruiter is not clear enough, have your husband contact his boss. This is too important.

[nane1104 146]

I think what you guys could/should have done is getting a letter from the Army asking to let him file prior and also add a fingerprint card and passport pictures to the application to get around the biometrics appointment.

I don't think writing "active military" on the application without any kind of orders, enlistment papers,...attached to it will do anything.

I filed for ROC from overseas and did that but you have to show why you would not be able to go to a biometrics appointment- so I sent in our orders.

Not sure what will happen with your application, I have never heard that you can just file whenever just because you are in the military. I hope, you will get that sorted out fast!

[soon~tobe 0]

I did send in his enlistment papers, but yes, I am starting to think the army should have given us a written order. I am guessing if they really want it before he leaves they will. Over all I think it will be okay, if we have to wait till July and refile, I am okay with that, I think he can get a finger print card on base during AIT. Thanks everyone for your help. I will keep you updated on if they send my packet back to me, or if they process it.

[Sergi9 110]

I did send in his enlistment papers, but yes, I am starting to think the army should have given us a written order. I am guessing if they really want it before he leaves they will. Over all I think it will be okay, if we have to wait till July and refile, I am okay with that, I think he can get a finger print card on base during AIT. Thanks everyone for your help. I will keep you updated on if they send my packet back to me, or if they process it.

USCIS has a Military Assistance phone number, call it.

[Deb+Steve 13]

Spoke with my other half who is an Army recruiter and he says that you must have a 10 yr GC. He hasn't heard of anyone swearing in without it.

Best of luck. Keep us posted ...