Advance parole & overseas military orders

[poorbugga 0]

Long time lurker, first time poster.

I am sending in on Monday (6/18/07) my I-129F petition for the K-1 visa for my Japanese fiancee; we are tentatively planning on getting married in February 2008, probably mid-month (provided she has the visa of course). However, I am in the Army and am on orders to go to Germany no later than the first week of March. We plan on filing for AP and AOS as soon as we're married.

Is there any way my fiancee can accompany me to Germany without having to wait 2-3 months for a conditional green card or AP? Or will we just have to wait? I don't know if there are any exceptions for military orders, or if this situation would qualify us to file for an emergency AP.

I've read the forums for a while and can't find any information on this specific topic. I would really appreciate any advice or information. Thanks.

[Dakine 26]

Long time lurker, first time poster.

I am sending in on Monday (6/18/07) my I-129F petition for the K-1 visa for my Japanese fiancee; we are tentatively planning on getting married in February 2008, probably mid-month (provided she has the visa of course). However, I am in the Army and am on orders to go to Germany no later than the first week of March. We plan on filing for AP and AOS as soon as we're married.

Is there any way my fiancee can accompany me to Germany without having to wait 2-3 months for a conditional green card or AP? Or will we just have to wait? I don't know if there are any exceptions for military orders, or if this situation would qualify us to file for an emergency AP.

I've read the forums for a while and can't find any information on this specific topic. I would really appreciate any advice or information. Thanks.

Why don't you try and get your I-129F expedited since you have orders to ship out?

[poorbugga 0]

We considered it, but I have to go to officer school in July and won't be done until the first week of February, so we didn't plan on getting married any earlier - I don't know if/when I could get off while in training (I might not even get any time off for Christmas, not sure yet)...though if we got married earlier somehow I guess that would help a quite a bit.

[jodee 30]

ok,..

I immigrated from Australia, to the USA in Dec 2003, on a K1 visa.

Got married Feb 2004.

Left for Germany 21 March 2004.

I had to file EAD, and AP, and AOS before I left the country. We made an infopass appointment, took in all the paperwork, and a copy of the orders showing me on them. We had the EAD, and AP approved same day. They did this part expedited becasue of my hubbys orders.

We then left and went to Germany, with my AP and EAD in hand. I had to fly back to the States in July of 2004 for my AOS interview. I went to this on my own because my hubby was deployed at the time. Had my greencard sent to my in-laws address in the States (we use this address as our US base, and have all USCIS mail go there). When I left to return to germany, my greencard had not been issued, but I had a stamp in my passport, and my mil ID, and copy of the orders, and got back here no problems.

Just remember, that when she is over here on orders with you, it is considered US SOIL for any residency requirements, regardless of whetehr you live on or off post..

A few things have changed since that time.

Firstly,..it is very rare for an AOS interview to go ahead these days, most are approved without interview, but not all, So, be prepared in case they decide to interview you, and be prepared to attend with your wife, unless you are deployed or in training you cannot get out of. In that case a letter from your Commander is needed on Military letterhead to state that fact.

Secondly, military spouses can become US citiziens almost immediately, and sit the test without the required wait time, if you are to be stationed overseas for more than a year. Read up on the Guide to Naturalization for the required info. Its listed on a table inside the guide. (click on the underlined words, will take you straight to guide)

She does though need to stay in the States while the Citizenship is pending. She has to be in the States when it is lodged, and have it completed before she leaves. And have a US Passport issued. She then has all the rights and priviledges of a US citizen. Once she does this, she simply flys over to you with her Passport, Military ID card, and copy of orders ready for when she goes through customs, and will have no problem, and will be free to come and go as she needs.

Once here regardless of which route you take,..she needs to have a SOFA card issued to accompany her passport. You will find out all about this when you inprocess In Germany.

Your first big hurdle is to get the K1 approved, and her over with you. The rest should fall into place. if what you say is true about your orders, you will have the same amount of time, i had to get stuff done before we got on a plane. The USCIS are accomodating, if you are going overseas,..just make it very clear when it gets to that stage.

It is advisable to maybe out in your covering letter of the i-129f that you are Military and have orders pending to go overseas too, it can help in quicker processing. I know a few people here have done that with some degree of success.

Hope thgat has answered some of your questions.

Dont hesitate to ask if you need any more help.

Jodee

NB. We are still in Germany, and I have managed to sucessfully get through AOS , and Lifting of Conditions with no major hassles. The immediate citizenship thing was available back then, but we were not told of it until it was too late,..AOS had already been approved at that stage, and I was not in the states. Thats why we didnt take that route.

[poorbugga 0]

jodee, thank you very much, that's exactly the information I was looking for...I think that answers all my questions. Could I send you a PM about some specifics?

[jodee 30]

Yes,..feel free to send a PM,..I'll do my best to help you out..

Jodee

[poorbugga 0]

Yes,..feel free to send a PM,..I'll do my best to help you out..

Jodee

Sent the PM, finally.