question

[jdavis1945350377 0]

hi everyone,

I am Pfc. Davis and I have a few questions about the k1 visa and the adjustment form. Me and my fiancée have been together for almost 9 months, me and her see each other every single day. we are planning and filing a k1 visa so that we can get married in the states, but the only problem is after 5-6 months I will be back in the states and not in Korea any longer because my tour is over. so here are my questions:

1: could the process somewhat speed up if we file everything accurately?

2: could it be possible if my commander could do something to speed the process up even if my tour technically isn't a deployment?

3: in some cases what is the estimated time that we will know of approval and can make an appointment asap?

4: if the k1 visa is approved and after we marry, can she live with me during her wait for a green card even if I get put on orders for overseas duty station? or does she need to stay in the states until she receives or get approved for a green card?

 

Edited July 7, 2018 by jdavis1945350377

[Crazy Cat 41,984]

1.  Only as compared to those who don't file accurately.

2.  No.

3.  The current processing time is approx 7-12 months for a K-1.  Processing time for CR-1 is 12-14 months.

 

Why not just marry her there and file for a CR-1 spouse visa?

 

K-1

    More expensive than CR-1

    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)

    Spouse can not leave the US until she receives approved Advance Parole (approx 3-4 months)

    Spouse can not work until she receives EAD (approx 3-4 months)

    some people have had problems with driver licenses, Social Security cards, leases, bank account during this period .

    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

CR-1

    Less expensive than K-1

    No AOS required.

    Spouse can immediately travel outside the US

    Spouse can start work if desired

    Spouse receives Social Security Card and Green Card withing 2 or 3 weeks after entering the US

    Spouse  has legal permanent Resident status IMMEDIATELY upon entry to US.

 

All-in-all, the CR-1 is superior to the K-1 imo.

[pepfromage 8]

Hi Private Davis. As someone who recently completed a similar process while on active-duty in Korea, I would like to put in a plug for making sure that you avail yourself of all of the advice that your legal service office can offer on this topic. There are also a great number of service members in Korea who have done the same thing that it sounds like you are trying to do, many of them with many years of experience and on their 2nd, 3rd, or even 4th tour in Korea. So in addition to the legal service office, I would recommend seeing if you could speak with some NCOs and senior NCOs who have done something similar (there are many). 

 

The huge advantage that overseas service members have in countries like Korea and Japan is direct consular filing, but that is not available for a K1 fiancé visa. Please make sure you also read up at:

 

https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens

https://kr.usembassy.gov/visas/immigrant-visas/fiancee-visa/

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html

 

You'll get lots of advice on this. But in general, if its meant to be, the wait for a K1 visa won't stop you guys. Rushing into a marriage on the other hand, can have some long lasting consequences. Good luck to you.

[NovaSprings 89]

The military has a special set of rules that apply to active duty members.  There is a whole group that can provide information/guidance (sorry I dont remember the name).  I would start with contacting your Family Resourse Center to get the correct number to call.

[Roel 7,192]

1 hour ago, jdavis1945350377 said:

hi everyone,

I am Pfc. Davis and I have a few questions about the k1 visa and the adjustment form. Me and my fiancée have been together for almost 9 months, me and her see each other every single day. we are planning and filing a k1 visa so that we can get married in the states, but the only problem is after 5-6 months I will be back in the states and not in Korea any longer because my tour is over. so here are my questions:

1: could the process somewhat speed up if we file everything accurately?

No. 

 

1 hour ago, jdavis1945350377 said:

2: could it be possible if my commander could do something to speed the process up even if my tour technically isn't a deployment?

 

Absolutely no. 

 

1 hour ago, jdavis1945350377 said:

3: in some cases what is the estimated time that we will know of approval and can make an appointment asap?

10 months. On average. 

 

1 hour ago, jdavis1945350377 said:

4: if the k1 visa is approved and after we marry, can she live with me during her wait for a green card even if I get put on orders for overseas duty station? or does she need to stay in the states until she receives or get approved for a green card?

 

 

She cannot leave US until she receive AP or green card.  If you'd somehow receive orders overseas (doubtful after a short time like this. Change of duty stations is every 3 years or so) and if she'll be put on your orders then I assume you'll be able to complete AOS process overseas. Take note, this would be only allowed since you're active duty. 

 

BUT I'd consult with USCIS military helpline. I know you can do ROC overseas but not so sure about AOS.  

 

Overall military does not really give you any advantages. My husband is active duty and we went through k1 and AOS and no one made it any easier. 

 

Your commander or anyone else cannot influence the process. 

 

 

[Rocko20 159]

On 7/7/2018 at 5:21 AM, Roel said:

Overall military does not really give you any advantages. My husband is active duty and we went through k1 and AOS and no one made it any easier.

 

It does if the active member gets married overseas. It's called direct counselor filing and its pretty much the military expedited version of the CR1

 

Ever wonder how servicemen can marry Japanese, Korean, Philippines,  Europeans, etc. at their place of duty and not have to wait 8-10+ months on visas a paperwork? It was a direct counselor filing.

 

As an active duty member, I would've done it but I didn't meet my wife overseas.

 

 

 

Edited July 10, 2018 by Rocko20

[Rocko20 159]

On 7/7/2018 at 3:46 AM, jdavis1945350377 said:

hi everyone,

I am Pfc. Davis and I have a few questions about the k1 visa and the adjustment form. Me and my fiancée have been together for almost 9 months, me and her see each other every single day. we are planning and filing a k1 visa so that we can get married in the states, but the only problem is after 5-6 months I will be back in the states and not in Korea any longer because my tour is over. so here are my questions:

1: could the process somewhat speed up if we file everything accurately?

2: could it be possible if my commander could do something to speed the process up even if my tour technically isn't a deployment?

3: in some cases what is the estimated time that we will know of approval and can make an appointment asap?

4: if the k1 visa is approved and after we marry, can she live with me during her wait for a green card even if I get put on orders for overseas duty station? or does she need to stay in the states until she receives or get approved for a green card?

 

DO NOT do the K1 nor get married in the states. Get married overseas and do the direct counselor filing. There should actually be an extensive military checklist that goes over how to accomplish this.

 

https://mypathtocitizenship.com/in-the-military-overseas-and-want-to-bring-my-girlfriend-to-the-u-s-what-visa-will-she-need/

 

Edited July 10, 2018 by Rocko20

[Roel 7,192]

13 minutes ago, Rocko20 said:

It does if the active member gets married overseas. It's called direct counselor filing and its pretty much the military expedited version of the CR1

Lol no. DCF is available for everyone, not just military. Being military doesn't have anything to do with it.

 

 

13 minutes ago, Rocko20 said:

Ever wonder how servicemen can marry Japanese, Korean, Philippines,  Europeans, etc. at their place of duty and not have to wait 8-10+ months on visas a paperwork? It was a direct counselor filing.

 

As an active duty member, I would've done it but I didn't meet my wife overseas.

 

Not ALL countries offer DCF. Not everyone want to marry in Europe, some pick K1 to marry in the US.

[Rocko20 159]

15 minutes ago, Roel said:

Lol no. DCF is available for everyone, not just military. Being military doesn't have anything to do with it.

Military members are not residents of their overseas places of duty. Many reside on base which is considered US territory. Especially the OP who is of low rank.

 

Therefore  being permitted to apply for a DCF is most certainly a military benefit for overseas servicememebers getting married who would otherwise not qualify for it.

 

I’d do it right now if I was stationed overseas 

 

Quote

 

Not ALL countries offer DCF. Not everyone want to marry in Europe, some pick K1 to marry in the US.

As already mentioned, Korea offers DCF and the OP would be smart to go that route as it’s obviously much faster and cheaper.

 

The OP can still have a “big ceremony” wedding in th US while getting his legal marriage in Korea 

Edited July 10, 2018 by Rocko20

[Roel 7,192]

15 minutes ago, Rocko20 said:

 

 

Therefore  being permitted to apply for a DCF is most certainly a military benefit.

 

It's a benefit of ANY US citizen who lives with their spouse in (a eligible) foreign country for more than 6 months...  It has nothing to do with living on or off post. Also calling bases abroad a "US territory" is not completely right.  US government merely "lease" the land from the foreign country.

 

"Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities abroad are not part of the United States within the meaning of the 14th Amendment. " https://fam.state.gov/fam/07fam/07fam1110.html

 

There are some good answers here also https://www.quora.com/Is-Ramstein-Air-Base-in-Germany-considered-US-sovereign-territory-in-the-way-that-embassies-are

 

It's incorrect to call it a military benefit. Although if OP qualifies for DCF, they can certainly go for it.

Edited July 10, 2018 by Roel

[Rocko20 159]

18 minutes ago, Roel said:

It's a benefit of ANY US citizen who lives with their spouse in (a eligible) foreign country for more than 6 months...  It has nothing to do with living on or off post. Also calling bases abroad a "US territory" is a common mistake.

 

"Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities abroad are not part of the United States within the meaning of the 14th Amendment. " https://fam.state.gov/fam/07fam/07fam1110.html

 

There are some good answers here also https://www.quora.com/Is-Ramstein-Air-Base-in-Germany-considered-US-sovereign-territory-in-the-way-that-embassies-are

 

It's incorrect to call it a military benefit. Although if OP qualifies for DCF, they can certainly go for it.

It is a military benefit because they would otherwise not be in a position to apply for it if they weren't in the military overseas. In other words, they would NOT be stationed in these countries if it wasn't for the military. They would not be allowed to go into said countries without a passport as a civilian, which they can do under the status of forces agreement in the military.

 

You might be married to a servicememeber but me and pepfromage ARE servicememembers. Being able to live overseas without a passport and get an approval from a direct counselor filing is most certainly a military benefit, along with getting an expedited petition for those who are on deployment orders, along with access to a direct military hotline at USCIS, along with the little button that says "check here if you're active duty military" on the service request form when you're filing a service request inquiry, along with the pre-made military checklist for all the steps to do to marry a foreigner in Korea, a long with being in a position to meet your foreign fiance because you served your country and your country sent you overseas.

 

Just because you or your husband didn't take advantage of the military benefits, doesn't mean the OP can't. You didn't even tell the OP about direct counselor filing in your original post, which is sad.

 

Edited July 10, 2018 by Rocko20

[Roel 7,192]

8 minutes ago, Rocko20 said:

It is a military benefit because they would otherwise not be in a position to apply for it if they weren't in the military overseas. They would NOT be stationed in these countries if it wasn't for the military. They would not be allowed to go into said countries without a passport as a civilian, which they can do under the status of forces agreement

Doesn't stop any US citizen to move to those countries for other reasons. You don't NEED a foreign passport to live abroad - there are visas and stuff...

 

It's a benefit available for ALL US CITIZENS. Geez.

 

 

Quote

 

You might be married to a servicememeber but me and pepfromage ARE servicememembers.

And yet, I have more immigration knowledge than my military husband. What's the point here?

 

Quote

 

Being able to live overseas without a passport and and get an approval from a direct counselor filing is a most certainly a miltiary benefit,

Service members need passports to move abroad. Doesn't matter if it's military or civilian passport.

 

 

Quote

 

along with getting an expedited petition for those who are on deployment orders,

Yes, that one IS actually a military benefit. Irrelevant to OP's situation.

 

 

Quote

 

along with access to a direct military hotline at USCIS, along with the little button that says "check here if you're active duty military" on the service request form when you're filing a service request inquiry.

 

I wouldn't really call it a benefit...

 

Quote

 

Just because you or your husband didn't take advantage of the military benefits, doesn't mean the OP can't. You didn't even tell the OP about direct counselor filing in your original post.

 

Yeah, and? I don't always remember that option exist. This is DIY websites, OP should be researching all his options by himself also.

 

Also following your logic, non-military US citizens living abroad should not be able to receive this "military benefit DCF".

 

I'm not going to add more posts to this pointless discussion, all I'm saying that you're spreading misinformation by making it sound like DCF is manly (or only) military benefit.  So bye!

Edited July 10, 2018 by Roel

[Crazy Cat 41,984]

2 hours ago, Rocko20 said:

Therefore  being permitted to apply for a DCF is most certainly a military benefit for overseas servicememebers getting married who would otherwise not qualify for it.

Military benefits are EXCLUSIVE to military members.....DCF is not.  It is available to all US citizens who reside in other countries where DCF is available.......it is not the military version of K-1/CR-1......it is not available to all military members.

 

--Retired E-8 with 20+ years of active duty

[geowrian 22,337]

Military members may qualify for DCF, but they are not granted any special reason for doing so. They are bound by the same rules. Just being an active military member does not guarantee that DCF is available.

DCF is only available in countries that have a USCIS international office (https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices).

 

DCF can also be done in exceptional circumstances, outlined here: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2012/May/DOS-I130May1412.pdf

The only military-special criteria listed is regards to military emergencies such as a new deployment or transfer with short notice.

 

Study the information above and guides. DCF is not available just because you serve the country.

And thank you to everybody that has served the country.

[TBoneTX 45,598]

Half a dozen posts have been removed because of bickering.

The member who began the bickering is lucky that he's avoiding administrative action.

The OP has received adequate information about Direct Consular (not "counselor") Filing.

Accordingly, this thread is now closed to further comment.

Avoid carrying this argument into other threads.

 

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