Leaving the US after getting married on a K1

[dawning 212]

2 hours ago, Lenchick said:

If he is a DOD contractor he doesn't need K1. Its unnecessary move. It's better to get married and file for a spouse visa and then get naturalized before the window for ROC gets open. Here are some experience from DOD contractors 

 

 

I didn't read that she wants to be a citizen.  While it can be convenient for entry to the US, there may be reasons she wouldn't want that.

[Lenchick 133]

3 hours ago, dawning said:

I didn't read that she wants to be a citizen.  While it can be convenient for entry to the US, there may be reasons she wouldn't want that.

It doesn't matter if she may want or not. My point is, she can stay a resident being overseas and her continuous residence and physical presence is waived provided she is on his orders 

Edited September 14, 2017 by Lenchick

[jayjayj 571]

9 hours ago, Lenchick said:

You can get married overseas and then file for a spouse visa overseas. You will have to cross the border for her to become a resident. As long as she is in your gov orders her residency will be preserved even if you both live overseas. She will be entitled to get naturalized straight after she will become a resident. Will have to go to the states for the interview. If you need more details I'll explain 

This is mostly correct, but she doesn't need to be listed on his government orders or Letter of Authorization (LOA) - that only applies to military members, not contractors.  Contractors don't need government authorization to take their spouses with them.

[Lenchick 133]

2 hours ago, jayjayj said:

This is mostly correct, but she doesn't need to be listed on his government orders or Letter of Authorization (LOA) - that only applies to military members, not contractors.  Contractors don't need government authorization to take their spouses with them.

Oh that's even better! I know that civilians do. At least uscis requires orders for civilian spouses. 

[jayjayj 571]

5 minutes ago, Lenchick said:

Oh that's even better! I know that civilians do. At least uscis requires orders for civilian spouses. 

One other difference is that dependents of contractors can't naturalize overseas like military dependents.  It does take a trip back to the U.S. for the citizenship interview and oath ceremony.  

 

I highly recommend the Fairfax, Virginia Field Office for 319b applicants.  They deal with 319b's more than any other field office and they're very helpful.

[Lenchick 133]

Just now, jayjayj said:

One other difference is that dependents of contractors can't naturalize overseas like military dependents.  It does take a trip back to the U.S. for the citizenship interview and oath ceremony.  

 

I highly recommend the Fairfax, Virginia Field Office for 319b applicants.  They deal with 319b's more than any other field office and they're very helpful.

Yes, I second that. Only military spouses can naturalize overseas, there should be also some conditions met concerning terms of marriage and residency. I can't remember precisely right now. 

 

But initial question was about how to preserve the green card. Maybe she won't want to get naturalized. So if contractors wives live overseas with their husbands, and they don't need orders or don't have them. I know they have a bit different paperwork than DOD civilians.  What do they show to the border control if questioned over living outside of the US long? 

Their spouses employment letter sufficient? 

[jayjayj 571]

1 hour ago, Lenchick said:

Yes, I second that. Only military spouses can naturalize overseas, there should be also some conditions met concerning terms of marriage and residency. I can't remember precisely right now. 

 

But initial question was about how to preserve the green card. Maybe she won't want to get naturalized. So if contractors wives live overseas with their husbands, and they don't need orders or don't have them. I know they have a bit different paperwork than DOD civilians.  What do they show to the border control if questioned over living outside of the US long? 

Their spouses employment letter sufficient? 

Her husband's LOA's and CAC should be enough.  Those prove she qualifies for the 319b, which means all residency requirements are waived, which means she can be outside the U.S. for any amount of time.  However, and this is a big however, I always advise my coworkers going through the process to finish up as quickly as possible.  Get the citizenship done and be done with the entire process.  Employment can change and previously qualifying for 319b doesn't extend if suddenly you aren't working overseas on a DOD contract any longer.  If you don't file for it while you qualify, you can't file for it later when you don't qualify.  

 

I haven't heard of anyone waiting for more than a year to set up a citizenship interview.  I question whether or not random CBP officers have knowledge about the 319b program.  We waited 11 months before returning for my wife's citizenship interview and didn't have any problems.  The CBP officer asked me about my employment and asked to see my CAC.  I had copies of everything included in the N-400 package when we flew back, just in case we had any issues, but he didn't ask for anything else.

[Stevephoto 230]

Sorry, I have nothing to add except to say "thanks!" This was a fascinating thread and I learned a lot. Good luck to the OP!

[J8842 1]

Hi folks,

 

I must apologize for not responding to many of you, but the information provided here has been fantastic. So to clarify some things, I am a DoD contractor living in Israel for the last three years with the contract potential of 5 more years at the moment. I did decide going the K1 route makes no sense for me as I don't plan to stay in the states.

 

My fiancé and I plan to get married overseas and then start the immigration process asap with the CR-1. While this doesn't have to do with the K1, I did have some questions on getting a CR-1 visa if anyone would be able to assist. If we get the CR-1 visa, should we apply for the N-400 & 319b for expedited naturalization at the same time as the CR-1? I have read of people on this forum doing this successfully but I've found it very difficult to get solid information on the 319b other than from uscis. I do plan to stay overseas as a DoD contractor so I would be eligible for the 319b, but who knows maybe I would get a job offer I couldn't refuse, etc. that would lead us to want to go back to the states. Would the best way to go about doing this be get married->apply for the CR-1 from overseas->get the CR-1 visa/greencard->apply for 319b/N-400 ? Would anyone be able to point me in the direction of a good immigration lawyer/agency that works with 319b cases? I would like to get this all done in the most timely and efficient manner possible. Thanks again for all the assistance!

[Lenchick 133]

18 minutes ago, J8842 said:

Hi folks,

 

I must apologize for not responding to many of you, but the information provided here has been fantastic. So to clarify some things, I am a DoD contractor living in Israel for the last three years with the contract potential of 5 more years at the moment. I did decide going the K1 route makes no sense for me as I don't plan to stay in the states.

 

My fiancé and I plan to get married overseas and then start the immigration process asap with the CR-1. While this doesn't have to do with the K1, I did have some questions on getting a CR-1 visa if anyone would be able to assist. If we get the CR-1 visa, should we apply for the N-400 & 319b for expedited naturalization at the same time as the CR-1? I have read of people on this forum doing this successfully but I've found it very difficult to get solid information on the 319b other than from uscis. I do plan to stay overseas as a DoD contractor so I would be eligible for the 319b, but who knows maybe I would get a job offer I couldn't refuse, etc. that would lead us to want to go back to the states. Would the best way to go about doing this be get married->apply for the CR-1 from overseas->get the CR-1 visa/greencard->apply for 319b/N-400 ? Would anyone be able to point me in the direction of a good immigration lawyer/agency that works with 319b cases? I would like to get this all done in the most timely and efficient manner possible. Thanks again for all the assistance!

You don't need a lawyer. It's an easy process and government workers usually don't have any problems with it. First you do a spouse visa CR1, cross the border to become a resident and after receiving a green card you can start n-400 from overseas. When time comes you will have to fly her to the states for the citizenship interview. PM me if you like. I went through the same process. I'll explain to you everything in details. 

[Villanelle 4,122]

I agree you dont need a lawyer. I mean if you have the money and want one- go ahead. I know in this thread there was some discussion on if you qualify or not- and apparently you do- but USCIS rarely rejects petitions that qualify to file for not being qualified. They know their laws! Lol. There are guides on VJ on how to file the CR visa and the n400. Its easy.