Military shore duty on a K1 visa(merged)

[Bunnygirl22 0]

Hi!

My boyfriend and I are filing a K-1 visa and an Adjustment of Status soon, but he will be needing to go on shore duty during the visa to green card process as he is in the Navy.

If he ends up going to Japan or a country outside US owned territories, would my visa no longer be valid?

Wondering if there's something else I can file or if my visa will be okay, thanks!

[DaveAndAnastasia 2,092]

Your fiancé being out of the country during processing due to duties with the US military wouldn't be a problem with your visa validity.

 

However, it wouldn't change the requirement to marry within 90 days of entering the US on a K-1 (or leave the US), so if his orders meant he couldn't do that before your K-1 expired then you'd have a problem.

 

Exactly how AOS and a spouse with military orders to a post abroad interact is outside my knowledge, but I'd bet someone on the military subforum knows something there.

https://www.visajourney.com/forums/forum/152-military-immigration-related-discussion/ 

Edited January 19, 2021 by DaveAndAnastasia

[Bunnygirl22 0]

8 minutes ago, DaveAndAnastasia said:

Your fiancé being out of the country during processing due to duties with the US military wouldn't be a problem with your visa validity.

 

Thanks a bunch!

I was wondering more if I would be able to go with him since he will have to move, and the terms of the adjustment of status means I cant leave the US until I have my green card, but I'll make another thread on the military sub for this!

Appreciate it ~

[Charlie_SK 4]

1 hour ago, Bunnygirl22 said:

Hi!

My boyfriend and I are filing a K-1 visa and an Adjustment of Status soon, but he will be needing to go on shore duty during the visa to green card process as he is in the Navy.

If he ends up going to Japan or a country outside US owned territories, would my visa no longer be valid?

Wondering if there's something else I can file or if my visa will be okay, thanks!

Hi,

 

Do your own research on what I am about to say but I have heard that after you're married, if you have to follow a military spouse overseas, you can immediately apply for a US citizenship. I think this is to do with security of US citizens and their dependants. If he needed to be evacuated for some reason then you'd need to be a US a citizen for the same purpose. Like I said though, I have only heard this from others who have been in the same position.

[Bunnygirl22 0]

Hi!

I posted this before on the wrong sub and was advised to shift it here

 

Me and my boyfriend are about to apply for a K1 visa, and then an Adjustment of Status, but he will be applying for shore duty during the adjustment of status.

He will likely have to leave the US (with the Navy) and move for 3 years to another country (likely Japan), meaning I'd be leaving the US while still on the AOS therefore breaking the terms of me staying in the country while waiting for my GC, which from my knowledge I can't do.

I am a dependant, and I will be unable to pay for rent while I stay in the US and I have no family/friends there who I can stay with, so I need to be with him. 😕

 

Someone on my last post said that in a situation like that, they heard I can apply for immediate citizenship because of safety reasons on the base (if we need to leave immediately) as the citizenship will verify my identity as a US citizen immediately and they will be able to send me back with the rest of the active duty members, but I googled this and apparently It's only applicable for people who are already permanent residents. 

 

Please let me know what I can do in this situation, if there's something I can apply for, something I need to file with my AOS or whatnot, thanks so much! 

 

[payxibka 10,045]

50 minutes ago, BreeMB said:

Hi,

 

Do your own research on what I am about to say but I have heard that after you're married, if you have to follow a military spouse overseas, you can immediately apply for a US citizenship. I think this is to do with security of US citizens and their dependants. If he needed to be evacuated for some reason then you'd need to be a US a citizen for the same purpose. Like I said though, I have only heard this from others who have been in the same position.

Nope.  Its still  3 years.  What is different is the time IN country requirement is waived

[HRQX 4,145]

40 minutes ago, Bunnygirl22 said:

Me and my boyfriend are about to apply for a K1 visa, and then an Adjustment of Status, but he will be applying for shore duty during the adjustment of status.

Was the I-129F petition already approved? Just that first step can take many months.

 

K-1 is dual intent visa. There is no obligation to Adjust status. You can marry and leave the US within the allotted 90 days. And then (when ready) start IR-1/CR-1 process.

25 minutes ago, payxibka said:

Nope.  Its still  3 years.  What is different is the time IN country requirement is waived

You should look up INA 319(b) and the associated section of the USCIS Policy Manual: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-4 "the spouse of the U.S. citizen employed abroad may naturalize if his or her U.S. citizen’s qualifying employment abroad is scheduled to last for at least one year at the time of filing, even if less than one year of such employment remains at the time of the naturalization interview or Oath of Allegiance provided that the spouse remains employed abroad at the time of naturalization." "Spouses of U.S. citizens who are regularly stationed abroad under qualifying employment may be eligible to file for naturalization immediately after obtaining LPR status in the United States. Such spouses are not required to have any prior period of residence or specified period of physical presence within the United States in order to qualify for naturalization."

 

Can even skip ROC in that case:

 

Edited January 20, 2021 by HRQX

[Bunnygirl22 0]

1 hour ago, HRQX said:

Was the I-129F petition already approved? Just that first step can take many months.

 

Not yet, he still actually has one deployment to go which will start this month and end around August, we are planning to finish our I-129F as soon as he gets back because we are using Boundless to aid with paperwork (and we aren't super law-savvy! haha)

 

1 hour ago, HRQX said:

K-1 is dual intent visa. There is no obligation to Adjust status.

My parents and family aren't so approving of my marriage. They're sort of xenophobic and don't want me to marry my fiance, even despite me meeting him multiple times. If they were to find out I did indeed marry him, they would most likely kick me out of the house and I'd have nowhere to stay, so I'm hoping to sneak my marriage past them and efficiently move to the US ASAP to be with him. I do have a job here, but I don't earn nearly enough to pay for the high rent and bill prices where I live.

Plus, his deployment will mean he is going to earn more than enough money to pay for the filing fees, so we will be more than well off when he's finally home and finished with his contract.

 

1 hour ago, HRQX said:

be eligible to file for naturalization immediately after obtaining LPR status in the United States. 

I don't have LPR status, and I'd need to apply for a i-130 which takes 5-12 months and I'd have to remain outside of the US, right? 

 

Filing the K-1 when he gets back is fine, and waiting 7 months or so for it to be accepted is no problem, I can continue to visit him on my ESTA ( I'm from the UK) for a few months at a time until I get the thumbs up. But, the AOS is the best way for us because I wont have to return back to my home country and sort conflicts with my family.

 

If I was to just apply for the K-1, I can't stay with him and I'd have to go back, which isn't ideal for me at all. 

Would it be possible to apply for an expedite on the AOS? I'm really unsure how to go about this, I appreciate your help a lot! 

 

[HRQX 4,145]

14 minutes ago, Bunnygirl22 said:

But, the AOS is the best way for us because I wont have to return back to my home country and sort conflicts with my family.

Ok. But earlier you also said: "I will be unable to pay for rent while I stay in the US and I have no family/friends there who I can stay with"

 

After a K-1 marriage could you go with him on his PCS orders?

[Bunnygirl22 0]

2 minutes ago, HRQX said:

Ok. But earlier you also said: "I will be unable to pay for rent while I stay in the US and I have no family/friends there who I can stay with"

I'd be unable to pay for rent if I stayed in the US and he was abroad for shore duty.

If we are together, no problem, I can stay with him, my problem was that he'd be abroad on shore duty and I'd still be stuck in the US while he's paying for two places (which isn't ideal), and so I was wondering if I could get my AOS expedited so I can get my LPR faster and I can be moved with him, if its even possible.

 

I'm not sure if he can take me with him on his PCS, I think I have to be an LPR or a citizen to be moved on shore duty with him. 

[Cyberfx1024 7,980]

6 minutes ago, Bunnygirl22 said:

I'd be unable to pay for rent if I stayed in the US and he was abroad for shore duty.

If we are together, no problem, I can stay with him, my problem was that he'd be abroad on shore duty and I'd still be stuck in the US while he's paying for two places (which isn't ideal), and so I was wondering if I could get my AOS expedited so I can get my LPR faster and I can be moved with him, if its even possible.

 

I'm not sure if he can take me with him on his PCS, I think I have to be an LPR or a citizen to be moved on shore duty with him. 

The ONLY way you would be able to stay with him is if you get put on his orders abroad. If you are not on his orders then you can not go with him unfortunately unless you do it on your own dime. 


You can be approved for a expedite for your AOS due to the the PCS. 

[Bunnygirl22 0]

44 minutes ago, Cyberfx1024 said:

You can be approved for a expedite for your AOS due to the the PCS. 

Would I be able to expedite all of my applications then?

There's a 1 1/2 year window between his deployment and his PCS, would I be able to expedite the I-129F, K-1 and the AOS due to the fact I need a green card to processed ASAP so I can be sent on shore duty with him abroad?

 

[Cyberfx1024 7,980]

4 minutes ago, Bunnygirl22 said:

Would I be able to expedite all of my applications then?

There's a 1 1/2 year window between his deployment and his PCS, would I be able to expedite the I-129F, K-1 and the AOS due to the fact I need a green card to processed ASAP so I can be sent on shore duty with him abroad?

 

You can certainly try for the expedite for the K1. As to when you actually enter the country, get married, get signed up to DEERS, his rank would all determine if you can even be put on his orders if he PCS's OCONUS. 

[Ontarkie 14,227]

~~Duplicate threads merged. Please only start one thread for the same topic.~~

[Letspaintcookies 2,310]

Why not start with the K1 now? If he's halfway accessible during deployment and y'all have an address in the states like parents, siblings... that he trusts with the mail start it now and get it going.