I GOT MY IMMIGRANT VISA BUT MY HUSBAND IS STATIONED IN GERMANY AND HE CAN'T GO WITH ME TO UNITED STATES. WHAT CAN I DO?

[Hattivatti 35]

If the medical and the interview is in June, her visa will be valid all the way to November. So she has plenty time to activate the visa after the September when her husband is due to get back to States. Also, most have block leave which can be used for the trip to states and back to activate the visa if unsure how to deal with the visa activation during the PCS move in September.

 

And even if husband would get extension to stay in Germany, they still can travel back to stateside to activate the visa, and also make sure she's added in to his orders so her visa will not be revoked for staying out of the country too long (incadee the extension on orders to serve in Germany will be longer than 6-12months).

 

I honestly don't see any reason for a panic in this case.

[mrmvkjts 459]

I don‘t quite see why OP is in such a panic!

You didn‘t even have your medical or interview yet..

Even if you don‘t try to reshedule for a later date and use the Medical on the 18th of May, your visa will still be valid up until November.

 

[Naes 12,205]

5 hours ago, Roel said:

Good luck with that but I honestly don't believe it's possible to activate visa on US base. Even US embassy in Germany (in their military families section) advice people to apply for their immigrant visas only about  6 months before sponsors PCS time. 

 

Also actually the military bases aren't really considered US soil. For the immigration purpose, green card holders who already had their green cards, can keep their status abroad if they're on their sponsors military orders. IF they'd just randomly move and live alone on the base, that time wouldn't count as time in the US. 

 

OP doesn't even have a visa yet. She won't be added to sponsors orders at this point. Following you all logic, people would get their torusit visas activates while entering the base.. There's no immigration control or actual border so..

 

OP just plan accordingly and make sure you both leave for US before your medical and visa expires. That's all that can be advices. 

 

(IM A military spouse and I live on bases past 4 years, trust me) 

I didn’t mean it counts as US soil for immigration purposes, no. But as that was the choice given, to have a green card+ military pass, I thought maybe they actually count the petitioner in US soil for her entry to US. 

 

I know entering a base does not activate a visa, however that was the option given to my friend. It may be due to her circumstances being a little odd as an expat, I don’t know. 

 

To OP: Either way I think the timing of this visa is still not bad as you will have 6 months from May to enter US  

 

 

Although this made me wonder why they told my friend to do that, as it wouldn’t activate her GC... I’ll actually look into this too.(thanks for the heads up)

 

[J❤️J 139]

My fiance was also stationed in Germany and I visited him several times in Germany. We met in Okinawa. Your best bet is asking him to go to the legal office on base and ask about your situation.  Alot of foreign fiances join their fiances in Germany, not stateside. They have sofa status, etc, etc. As he is active duty, Legal will help him out... however that being said, they will only answer his questions (not yours as youre still a civilan, not yet a military spouse). Hope this helps! Also, is he separating from the military anytime soon? If no, I'm not sure if you could live stateside while he's overseas (unless he's on a base that doesn't allow dependents -South Korea and a couple others but not Germany)

Edited May 8, 2018 by J❤️J

[carlinhoswave 30]

26 minutes ago, J❤️J said:

My fiance was also stationed in Germany and I visited him several times in Germany. We met in Okinawa. Your best bet is asking him to go to the legal office on base and ask about your situation.  Alot of foreign fiances join their fiances in Germany, not stateside. They have sofa status, etc, etc. As he is active duty, Legal will help him out... however that being said, they will only answer his questions (not yours as youre still a civilan, not yet a military spouse). Hope this helps! Also, is he separating from the military anytime soon? If no, I'm not sure if you could live stateside while he's overseas (unless he's on a base that doesn't allow dependents -South Korea and a couple others but not Germany)

I'm already married to him and my immigrant visa will be the IR1. But we will to check it out.

[J❤️J 139]

Just now, carlinhoswave said:

I'm already married to him and my immigrant visa will be the IR1. But we will to check it out.

Sounds good! Legal really helps those guys out. I saw alot of military bring over spouses from all over (Japan, Turkey, Phillippines, Germany, S. Korea, etc, even some Canadians (like myself).  Many of the foreign spouses hadn't ever set foot on "official" US soil (stateside) only bounced around to different bases overseas so obviously there are some special laws in place to help the military out. Some of the active duty members spend their entire career overseas too so obviously there are different arrangements. 🙂Best of luck  to you ! 

[carlinhoswave 30]

3 minutes ago, J❤️J said:

Sounds good! Legal really helps those guys out. I saw alot of military bring over spouses from all over (Japan, Turkey, Phillippines, Germany, S. Korea, etc, even some Canadians (like myself).  Many of the foreign spouses hadn't ever set foot on "official" US soil (stateside) only bounced around to different bases overseas so obviously there are some special laws in place to help the military out. Some of the active duty members spend their entire career overseas too so obviously there are different arrangements. 🙂Best of luck  to you ! 

Thank you very very very much for the words J! haha! I feel so much better with you all helping me.

[Taaa 125]

15 hours ago, Londonergirl said:

I don't understand the issue..... If you don't have your interview until June, and your husband will be done in Germany in September, why can't you then go in September together?

You are totally right! If  she has the interview in June then she will have 6 months to travel probably until December. She should worry first to get her interview approve.

[Crazy Cat 41,845]

12 minutes ago, Bmc&Cah said:

You are totally right! If  she has the interview in June then she will have 6 months to travel probably until December. She should worry first to get her interview approve.

Not necessarily.   My wife had her medical in April 2017 and her interview was in May 2017.  Her Vista's expiration date was September.....I never found out why.....

[Taaa 125]

13 minutes ago, missileman said:

Not necessarily.   My wife had her medical in April 2017 and her interview was in May 2017.  Her Vista's expiration date was September.....I never found out why.....

Hi!

I know what do you mean. Also, this information can be find in this link https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/interview/after-the-interview.html

But she didn't said anything about her medical... 

[javadown2 308]

1 hour ago, J❤️J said:

Sounds good! Legal really helps those guys out. I saw alot of military bring over spouses from all over (Japan, Turkey, Phillippines, Germany, S. Korea, etc, even some Canadians (like myself).  Many of the foreign spouses hadn't ever set foot on "official" US soil (stateside) only bounced around to different bases overseas so obviously there are some special laws in place to help the military out. Some of the active duty members spend their entire career overseas too so obviously there are different arrangements. 🙂Best of luck  to you ! 

This IS her answer to her questions, she will be fine since she is married to a military husband, i'm positive also that they have a different process for military personnel that are stationed overseas. 

[Hattivatti 35]

1 hour ago, javadown2 said:

This IS her answer to her questions, she will be fine since she is married to a military husband, i'm positive also that they have a different process for military personnel that are stationed overseas. 

Actually, they don't. At least not in Europe. To activate your Visa you need to get to stateside. And for that the petitioner needs to be there either beforehand, or with the visa holder. Being spouse of an active duty person doesnt change the process on anything but the fact, that they can file DFC while overseas.

 

And I would suggest to contact the military helpline, USCIS or consulate rather then legal office on base, because they really don't know much of the visa processes, and may end up screwing up situation by delaying things to the monthsend, or giving wrong or outdated information or advice. That's coming from the personal experience.

 

But as stated earlier, if her medical is on may 18th, her visa will be valid until November 18th which gives them plenty time to get to stateside to activate the visa. And as long as she is on her orders while he's overseas, she will not be considered staying out of the country too long nor will it be seen as she would of abandoned her status by staying out of the country for duration of the overseas orders.

 

And yes, immigrant spouse of the military personnel can, and often will, stay alone in the stateside when their soldier gets orderes to the overseas station where dependents are not allowed.

Edited May 8, 2018 by Hattivatti
Added couple things

[javadown2 308]

2 hours ago, Hattivatti said:

Actually, they don't. At least not in Europe. To activate your Visa you need to get to stateside. And for that the petitioner needs to be there either beforehand, or with the visa holder. Being spouse of an active duty person doesnt change the process on anything but the fact, that they can file DFC while overseas.

 

And I would suggest to contact the military helpline, USCIS or consulate rather then legal office on base, because they really don't know much of the visa processes, and may end up screwing up situation by delaying things to the monthsend, or giving wrong or outdated information or advice. That's coming from the personal experience.

 

But as stated earlier, if her medical is on may 18th, her visa will be valid until November 18th which gives them plenty time to get to stateside to activate the visa. And as long as she is on her orders while he's overseas, she will not be considered staying out of the country too long nor will it be seen as she would of abandoned her status by staying out of the country for duration of the overseas orders.

 

And yes, immigrant spouse of the military personnel can, and often will, stay alone in the stateside when their soldier gets orderes to the overseas station where dependents are not allowed.

(e) (1) 3/ In the case of a person lawfully admitted for permanent residence in the United States who is the spouse of a member of the Armed Forces of the United States, is authorized to accompany such member and reside abroad with the member pursuant to the member's official orders, and is so accompanying and residing with the member in marital union, such residence and physical presence abroad shall be treated, for purposes of subsection (a) and section 316(a) , as residence and physical presence in--

 

(A) the United States; and

 

(B) any State or district of the Department of Homeland Security in the United States.

 

(2) Notwithstanding any other provision of law, a spouse described in paragraph (1) shall be eligible for naturalization proceedings overseas pursuant to section 1701(d) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 8 U.S.C. 1443a).

[Londonergirl 133]

22 hours ago, David & Zoila said:

Your husband should talk to his JAG Officers immediately,  They can solve all of your problems.

JAG doesn't deal with civilian matters! Especially not immigration matters. 

[Londonergirl 133]

10 hours ago, javadown2 said:

This IS her answer to her questions, she will be fine since she is married to a military husband, i'm positive also that they have a different process for military personnel that are stationed overseas. 

Not true. We get no different treatment what so ever.