Kid over 18 of foreign military spouse -VISA?

[hashtagme 29]

Just now, Going through said:

Also remember the father is retiring from the military next year, as per the OP.

 

Won't #3 be impossible since the husband retires from the military next year (as mentioned in the OP)?

He could extend his retirement orders maybe for about 3 months so that would be march 2020

[geowrian 22,337]

Before getting too far ahead of things here...keep in mind getting the CR-1/IR-1 visa requires that the petitioner intends to live in the US with the beneficiary(ies). It sounds like that won't be possible yet, and then qualifying for early naturalization would mean he needs to be living abroad again. These seem to be in conflict with the circumstances actually occurring here.

[Andrewski 5]

1 minute ago, Going through said:

Also remember the father is retiring from the military next year, as per the OP.

 

Won't #3 be impossible since the husband retires from the military next year (as mentioned in the OP)?

She can apply for citizenship as long as the husband has 12 months left overseas at time of application. If she were to process via consular now and become a permanent resident in let's say 3 months, then she can apply for citizenship as long as the husband is due to return back to the states on or after July 2019.

[hashtagme 29]

4 minutes ago, geowrian said:

Before getting too far ahead of things here...keep in mind getting the CR-1/IR-1 visa requires that the petitioner intends to live in the US with the beneficiary(ies). It sounds like that won't be possible yet, and then qualifying for early naturalization would mean he needs to be living abroad again. These seem to be in conflict with the circumstances actually occurring here.

I thought the condition was that he had 12 more months in Europe left..?

[Going through 5,671]

3 minutes ago, hashtagme said:

I thought the condition was that he had 12 more months in Europe left..?

He also needs to be living abroad.

[hashtagme 29]

Just now, Going through said:

He also needs to be living abroad.

as I said he lives in Europe..

[Going through 5,671]

8 minutes ago, hashtagme said:

as I said he lives in Europe..

If you are looking to make this move in 2019....and he's planning on retiring in 2020....seems like he's not going to have 12 months of active service left in Europe to qualify for your early filing for the N400.

Edited April 11, 2018 by Going through

[*Snowdrop* 604]

I think the suggestion is that she does her green card application now - through DCF in Germany - then in 3-4 months when it is processed (this year)- she travels to the US to activate it - then goes back to Germany and applies for early naturalization as a military spouse. Then her husband may have to delay his retirement by a few months to get the 12 months in.

 

If that is possible to do it that way then the timing might work out. It's still going to be close. But better than waiting until next year. 

 

Edited to add: I don't know enough about the processes available for active military spouses so the above may or may not be possible.

Edited April 11, 2018 by Trellick

[hashtagme 29]

2 minutes ago, Trellick said:

I think the suggestion is that she does her green card application now - through DCF in Germany - then in 3-4 months when it is processed - she travels to the US to activate it - then goes back to Germany and applies for early naturalization as a military spouse. 

 

If that is possible to do it that way then the timing might work out. It's still going to be close. But better than waiting until next year. 

ok that sounds good to me. Thank you so much for your help. I will look closer into that. It sounds like a good option!

[Going through 5,671]

4 minutes ago, Trellick said:

I think the suggestion is that she does her green card application now - through DCF in Germany - then in 3-4 months when it is processed (this year)- she travels to the US to activate it - then goes back to Germany and applies for early naturalization as a military spouse. Then her husband may have to delay his retirement by a few months to get the 12 months in.

 

If that is possible to do it that way then the timing might work out. It's still going to be close. But better than waiting until next year. 

 

Hopefully the real-life timing of everything will work out as perfectly as predictions made, with no RFEs delaying things further, before the eldest son ages out.

OP when are you planning on filing the CR-1 visa?

 

[Coco8 1,042]

If some of the options above do not work and he has to wait those 7 years for a GC, your son could study in the US with an F1 visa. That will give him 4 years + 12 months of OPT. At least that is something while everything else gets sorted. Good luck!

[NigeriaorBust 4,087]

  But for her to get LPR  doesn't the petitioner have to show intent to be residing in the US ?   If he is stationed over in Germany  he isn't planning on being in the US ( the petitioner has to return before or with the beneficiary )     He may have to be very careful about he states to immigration if he holds a security clearance

[*Snowdrop* 604]

9 minutes ago, NigeriaorBust said:

  But for her to get LPR  doesn't the petitioner have to show intent to be residing in the US ?   If he is stationed over in Germany  he isn't planning on being in the US ( the petitioner has to return before or with the beneficiary )     He may have to be very careful about he states to immigration if he holds a security clearance

I'm not completely sure but I think for active military it's implied that they have the intent to live in the US - they are only overseas because of orders. For example, if you met someone while stationed overseas, married and had a child. Then you wanted your child to go and live in the US with their mother, but you have 2 years left in post, and then might be sent somewhere else overseas, then the green card can still be processed for your spouse without having to wait until your orders take you back to the US. 

 

But I don't know this for sure - which is the first step to check.

Edited April 11, 2018 by Trellick

[javadown2 308]

Why not have the wife move to the US before the husband goes, or am I missing something?

[Going through 5,671]

36 minutes ago, javadown2 said:

Why not have the wife move to the US before the husband goes, or am I missing something?

Because she's the beneficiary.  She can't go to the US before the husband (petitioner) goes.