K1 interview stage, with military partner overseas

[EJ&SR 0]

Hi everybody,

 

We were wondering what happens or what to do in our very possible scenario:

 

My US partner is an active military recently deployed overseas, while we are waiting for our K1 to be approved. (NOA 1 on March 25). 
Considering the timeline for NOA2 to be expected, later this month; The very few Dutch-American couples who are waiting for this specific Visa this year. (About 25 total); K1 being a high priority and Embassy in Amsterdam about to get ready to work normal again...

 

It is very likely I’ll get my K1 visa well before my partner is back from overseas. It’ll exceed the max time one has to enter the US. I could go ahead, but getting married within those 90 days might not be possible with him still overseas. 
 

How can we explain our situation and prevent problems with the timeline?

[Villanelle 4,122]

I dont believe there are any provisions for this kind of situation. You can speak with someone at the 800 number for the military (its a different number then the general 800) or theres usually someone on base that does immigration assistance and can answer questions.

 

Assuming I am correct and there are no provisions there are 2 options I see. One- delay your interview. You are clearly aware of the time limit to enter so delaying the issuance of the visa will also extend the expiration of it. Keep in mind the validity of the visa is tied to the medical so you may need to do another medical prior to the visa being issued to ensure you have the max amount of time possible. Option 2. You enter with the K. If you DO NOT marry with in 90 days its okay. If you marry in the 90 days you send the AOS package as described in the guides. If you marry after the 90 days you would need to send the 130 along with your 485 AOS package. This will cost extra $ for the 130. To adjust from the K you need to either send a copy of your 129f + proof of marriage in 90 days OR 130 + marriage after 90 days. You will technically be out of status once the 90 days are up and will not be in a period of authorized stay until you get the NOA for the 130 485 package. Its not a big deal and will not impact your ability to adjust status but you still need to be aware of it. When one is out of status they need to avoid ICE check points (typically near borders). You also need to be aware you will not be able to work or travel for a longer period of time due to the delay in filing your AOS. 

[EJ&SR 0]

1 hour ago, Villanelle said:

I dont believe there are any provisions for this kind of situation. You can speak with someone at the 800 number for the military (its a different number then the general 800) or theres usually someone on base that does immigration assistance and can answer questions.

 

Assuming I am correct and there are no provisions there are 2 options I see. One- delay your interview. You are clearly aware of the time limit to enter so delaying the issuance of the visa will also extend the expiration of it. Keep in mind the validity of the visa is tied to the medical so you may need to do another medical prior to the visa being issued to ensure you have the max amount of time possible. Option 2. You enter with the K. If you DO NOT marry with in 90 days its okay. If you marry in the 90 days you send the AOS package as described in the guides. If you marry after the 90 days you would need to send the 130 along with your 485 AOS package. This will cost extra $ for the 130. To adjust from the K you need to either send a copy of your 129f + proof of marriage in 90 days OR 130 + marriage after 90 days. You will technically be out of status once the 90 days are up and will not be in a period of authorized stay until you get the NOA for the 130 485 package. Its not a big deal and will not impact your ability to adjust status but you still need to be aware of it. When one is out of status they need to avoid ICE check points (typically near borders). You also need to be aware you will not be able to work or travel for a longer period of time due to the delay in filing your AOS. 

 Yes, we knew about the separate military contact information.. unfortunately they stay crazy busy these days, can’t get a hold of them, sigh. But we’ll keep trying!
 

Thank you for sharing the different options with me, I haven’t thought about those. You’re appreciated 🤗

[Greenbaum 12,259]

33 minutes ago, EJ&SR said:

 Yes, we knew about the separate military contact information.. unfortunately they stay crazy busy these days, can’t get a hold of them, sigh. But we’ll keep trying!
 

Thank you for sharing the different options with me, I haven’t thought about those. You’re appreciated 🤗

If you want something bad enough, you'll find a way. Keep trying to call the USCIS military line and see what they can do for you. If he was leaving on his deployment, then your chances are much better to be expedited but since he already deployed then you have a different circumstance then most. Give them a call. If busy, keep tying. Good luck and stay engaged. 

[Ryan H 3,812]

Moved from K1 Progress Reports to Military Immigration-Related Discussion.

[EJ&SR 0]

1 hour ago, Greenbaum said:

If you want something bad enough, you'll find a way. Keep trying to call the USCIS military line and see what they can do for you. If he was leaving on his deployment, then your chances are much better to be expedited but since he already deployed then you have a different circumstance then most. Give them a call. If busy, keep tying. Good luck and stay engaged. 

For sure! He told me he’s been waiting in line for over an hour, then they hang up.. after a few times with such scenario, it gets discouraging and annoying. Not ideal while on deployment. Hopefully they’ll answer his emails.

 

We were about to start with our expedite request, but 2 weeks notice was not nearly enough time for us to start with the request.. So definitely a different case. Thank you for the encouragement! 😊

[Greenbaum 12,259]

1 hour ago, EJ&SR said:

For sure! He told me he’s been waiting in line for over an hour, then they hang up.. after a few times with such scenario, it gets discouraging and annoying. Not ideal while on deployment. Hopefully they’ll answer his emails.

 

We were about to start with our expedite request, but 2 weeks notice was not nearly enough time for us to start with the request.. So definitely a different case. Thank you for the encouragement! 😊

Beneficiary can call. 

[EJ&SR 0]

21 minutes ago, Greenbaum said:

Beneficiary can call. 

I know.. the costs however for an intercontinental call 😳 and then to be hung up on?! 😭 

[Sinead91 249]

I called them on Wednesday on the military line and got through within a minute...Wednesday is usually a quiet day! Maybe try that??

[lamsywei 2]

5 hours ago, EJ&SR said:

I know.. the costs however for an intercontinental call 😳 and then to be hung up on?! 😭 

Sign up for a Google Voice account, and you will able to call US numbers for free.

 

voice.google.com

[HRQX 4,145]

15 hours ago, EJ&SR said:

K1 being a high priority and Embassy in Amsterdam about to get ready to work normal again...

The DOS update does not override the Schengen Area proclamation. The Schengen Area proclamation is in effect indefinitely.

Edited October 11, 2020 by HRQX

[EJ&SR 0]

7 hours ago, HRQX said:

The DOS update does not override the Schengen Area proclamation. The Schengen Area proclamation is in effect indefinitely.

The proclamation is till the end of this year. Starting 2021 and the big suitcase that recently started, it’s possible the exemption for K1 will come through and/or travel ban for the Schengen area be (partially) lifted. I prefer to stay positive if you don’t mind. 
 

[EJ&SR 0]

12 hours ago, Sinead91 said:

I called them on Wednesday on the military line and got through within a minute...Wednesday is usually a quiet day! Maybe try that??

Thank you for that tip! 🤗 I just shared it with my fiancé for next time. 

11 hours ago, lamsywei said:

Sign up for a Google Voice account, and you will able to call US numbers for free.

 

voice.google.com

Never heard of it.. thank you for that tip! I appreciate it 😊

[HRQX 4,145]

44 minutes ago, EJ&SR said:

The proclamation is till the end of this year.

That is incorrect. It's in effect indefinitely: https://www.federalregister.gov/documents/2020/03/16/2020-05578/suspension-of-entry-as-immigrants-and-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of "This proclamation shall remain in effect until terminated by the President."

[EJ&SR 0]

On 10/11/2020 at 7:05 PM, HRQX said:

That is incorrect. It's in effect indefinitely: https://www.federalregister.gov/documents/2020/03/16/2020-05578/suspension-of-entry-as-immigrants-and-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of "This proclamation shall remain in effect until terminated by the President."

Then what am I mistaken it with? There was a second proclamation right?