Help for K1 visa for active serviceman

[Sinead91 249]

Hello everyone! 

 

My boyfriend is an active serviceman and is relocating back to the states after 3 years in Italy. We have been together now for quite a while and are looking at various options for moving me to America. 

I'm an Irish citizen but working as a language teacher in Italy. 

 

 

I've trawled the internet for various visas and the best option for us seems to be the K1 visa. However I'm wondering what documents are necessary to get married in America? I know it's a long process of the K1 visa application (up to 6 months right?) but to actually get married IN America on arrival during the 90 day visa period, what documents are required? 

 

 

Does anyone have any information that could help? Or does anyone know if there are different routes to take for marrying and moving with an active serviceman? 

[Roel 7,192]

Get married in Italy while he is still there and apply for spouse visa instead. So much better option than K1 right now. Forget it.

 

I think Italy is doing DCF - which is faster way than regular spouse visa. And since your future spouse is in military, he would qualify.  You should contact nearest US consulate/embassy and ask them about Direct Consular Filling. It will still take few months to process but that's better than 12 months of spouse visa.

 

 

No, there are no immigration benefits for marrying US soldier.

 

Someone here did DCF in Italy

 

Edited June 26, 2019 by Roel

[Just Paul 4,595]

7 minutes ago, Roel said:

I think Italy is doing DCF - which is faster way than regular spouse visa.

OP - Yes DCF is still available.   It is a great option that few can use!

https://www.uscis.gov/about-us/find-uscis-office/international-offices/italy-uscis-rome-field-office

 

[Roel 7,192]

As for the documents you will need in the US - you can get married with just having your passport. But when you're immigration, take everything you have - medical documentation, birth certificate, etc, etc.

[Sinead91 249]

59 minutes ago, Paul & Mary said:

OP - Yes DCF is still available.   It is a great option that few can use!

https://www.uscis.gov/about-us/find-uscis-office/international-offices/italy-uscis-rome-field-office

 

Thank you so much. I will look into this. 

 

We are a bit short for time but it could be a solution. 

1 hour ago, Roel said:

Get married in Italy while he is still there and apply for spouse visa instead. So much better option than K1 right now. Forget it.

 

I think Italy is doing DCF - which is faster way than regular spouse visa. And since your future spouse is in military, he would qualify.  You should contact nearest US consulate/embassy and ask them about Direct Consular Filling. It will still take few months to process but that's better than 12 months of spouse visa.

 

 

No, there are no immigration benefits for marrying US soldier.

 

Someone here did DCF in Italy

 

And thank you very much Roel. Your response was extremely helpful. I hadn't heard of the DCF and he had asked also and no one mentioned it to him. 

 

Much appreciated. 

[Roel 7,192]

Well, if you're short on time then you'll have to stay behind in Italy when your partner goes back to the US.

There is only so much you can do and immigration process is not fast. At the end of the day you can blame yourself for not starting this process earlier - knowing that your partner's time in Italy will end after 3 years.

Edited June 26, 2019 by Roel

[Sinead91 249]

Just now, Roel said:

Well, if you're short on time then you'll have to stay behind in Italy when your partner goes back to the US.

There is only so much you can do and immigration process is not fast. At the end of the day you can blame yourself for not starting this process earlier - knowing that your partner's time in Italy will end after 3 years.

Yes, staying behind is what I considered I would have to do at this point, but was just seeing if there were further suggestions. 

 

We didn't start the process before because of my own job and other considerations, but I thank you again for all your advice as it has been really helpful!

[Roel 7,192]

1 minute ago, Sinead91 said:

We didn't start the process before because of my own job and other considerations\

Just curious what you mean by that. You could have applied for the spouse visa year before his PCS date, just go with your lives as usual and the spouse visa would be ready by now.  Your job doesn't really come into this.

[Sinead91 249]

Just now, Roel said:

Just curious what you mean by that. You could have applied for the spouse visa year before his PCS date, just go with your lives as usual and the spouse visa would be ready by now.  Your job doesn't really come into this.

It is a little more personal and would prefer not to answer that. Sometimes it is easy to say "should have, would have, could have" but other factors come into play. Of course I wish we had made this decision before, but his dates had changed and there were many external factors to consider such as family issues also.

[Sinead91 249]

Just now, Roel said:

Just curious what you mean by that. You could have applied for the spouse visa year before his PCS date, just go with your lives as usual and the spouse visa would be ready by now.  Your job doesn't really come into this.

Also, I have spoken to a friend of mine who married her American husband, however she married on the ESTA visa then paying a lawyer to handle all of her immigration issues and I have heard mixed results for this. Can you shed any light on this?

[Roel 7,192]

11 minutes ago, Sinead91 said:

Also, I have spoken to a friend of mine who married her American husband, however she married on the ESTA visa then paying a lawyer to handle all of her immigration issues and I have heard mixed results for this. Can you shed any light on this?

Yes. Moving to the US on ESTA with intent to adjust status is immigration fraud. It's a big no-no. You clearly have an immigrant intent, hence it would be a fraud.

Edited June 26, 2019 by Roel

[Sinead91 249]

Just now, Roel said:

Yes. Moving to the US on ESTA with intent to adjust status is immigration fraud. It's a big no-no. You clearly have an immigrant intent, hence it would be a fraud.

That's what I had thought. Thanks for confirmation.

 

Thanks again for all your help.

[Ryan H 3,812]

Moved from K1 Progress Reports to What Visa Do I Need - Family Based Immigration forum.

[NikLR 13,227]

I would suggest DCF as well.  CR1 will be a superior visa to the K1 for you.  Since working seems to be important to you, I'm sure you'd rather be able to be more independent once you reach the USA and not stuck in the house for 6 months after marriage waiting to work, drive, and travel.