UK spouse CR1 visa issued and US citizen being sent to the UK - Military

[PBabz 137]

Hello  

 

Firstly a big thanks because everyone on the forum has been super helpful throughout our visa journey, would absolutely not have made it through with some semblance of sanity in tact without everyone's contributions, so THANK YOU! 

Here again to seek some advice. I will try to keep the background brief, but informative so those that have some experience or insight can answer questions or provide guidance.

 

My spouse (US citizen) and I (UK citizen) were married November 2019, my CR1 visa issued December 2020. The plan, of course was for me to head over to the US with my spouse as soon as I completed my notice period at work (end of February 2021). We are currently unsure how best to proceed because my spouse, is US air force and was given an assignment to the UK this month. (Yay.. kinda!) Documentation still needs to be completed but April 2021 is the absolute latest (very short notice) my spouse has to be here in the UK and will likely be here for 3 years as a minimum. 

Both of us have called the USCIS military helpline (separately) and found them less than helpful.

The very earliest I could be in the US would likely be 24 February and that would be finish work and head straight to the airport the following day, COVID test dependent..

We don't want to close any doors or have to go through the visa process and be separated again in future should the next assignment be somewhere in the US.

 

Our questions are as follows and of course if there is anything I haven't thought of, please do let me know:

 

1. Do I have to physically enter the US at all in order to get my resident permit and or social security number?

2. If I am going, or in our case remaining in the UK, will I by default be abandoning my resident permit?

3. Do I need to or should I apply for a re-entry permit?

4. If I do enter the US, do I have to stay in the US until I receive my resident permit in the post or will changing the postal address to an APO be sufficient? 

5. We understand that I-485 (to adjust status) form needs to be filed and immigrant fee needs to be paid (likely before entry) - is there anything else we might have missed? 

6. We will have to apply for removal of conditions before November 2021, can this be done overseas?

7. Should we just abandon the visa, let it expire in May and hope that when it comes time to re-issue it may not be as much of a headache? 

8. We think consulting a lawyer might be helpful, has anyone been in a similar situation and consulted with one? If so, would you recommend we do  too?

 

Trying not to overthink everything, but also this curveball is a bit mental considering I've just given up my job and flat here! 

 

I would really really appreciate anyone's help or guidance, even on some of the questions.

Thanks so much again! 

 

Best wishes and stay safe! 

 

 

 

Edited January 14, 2021 by PBabz

[Letspaintcookies 2,310]

On 1/14/2021 at 1:20 PM, PBabz said:

1. Yes you have to enter to activate it but could return to the UK on the same day. So you could even do it next weekend.

2. Yes because your visa has a enddate by which you have to enter or it will run out.

3. Are you on your husband's orders for the UK? In that case no re-entry permit needed. ( not a 100% sure but kinda)

4. You can make an adress change but sometimes that doesn't work out and your card might still get send to the old address. Also sometimes SSA doesn't get the notice to produce a SSN for your and then you would have to go there in person to apply for one.

5. The AOS is already included in your visa. You dont need to apply for it. You only need to pay the immigrant fee.

6. Yes.

7. For re-issuing of a Visa you have to show that things happened out of your control why you couldn't make it in time. That's not the case for you.

8. Try to find somebody from the Air Force legal office to help with the legal aspects of you joining your husband overseas. That's the best bet.

I hope that helps a bit and maybe others can chime in and give more detailed help

[lgb2015 51]

@PBabz you can also try joining the US Foreign Military Spouse groups on Facebook (there are a couple). People there will have been in the same situation as you and can give good advice I'm sure! 

[AnnaLee24 16]

The most important thing at the moment is that you are listed on his travel orders. If you aren’t on his orders immigration will not count your time overseas as maintaining residency 

Edited January 24, 2021 by AnnaLee24