F-1 visa student and US military member

[Sherry Nguyen 5]

Hi morning everyone,

Here is my story and case. I'm 22 and have been in States fro 5 years. In July 2021, I got married to a friend who used to be my best friend back at High school in Vietnam. He is now serving in the US Army and will be discharged by November 2022. I currently working on 2nd-year of the PhD program and has thus maintained the F-1 visa. Since my husband and I used to hang out back in high school with our mutual friends, I would say that we kind of knowing each other for around 5 years. His family immigrated to the States by Dec 2018 and my husband has been serving in the army since Feb 2019. We did not talk a lot during the period of 2017-2020. Typically, we just made comments on others' sns sites and have frequent private conversations through messenger. We began to talk (more enthusiastic haha) again since April 2021 for a post-COVID 19 trip in June. Back then, my husband just wanted to go on a trip with me because he wants to visit other places in the US before doing PCS in Korea. That used to be his plan. For me, I just wanted to do some travel post-covid. However, after the June trip, which lasted for a month we felt that the other is our better half. This leads us to get married in court on July 2021 in Alabama. 

 

Now, we're looking to do the paperwork for my AOS :
 

Weakness:

As casual friends, we knew each other since 2015 and spent a significant amount of time hang out together in two during 2015 and 2016. After that, we talked less as I moved to the States for my study abroad and he had other stuffs to take care in his high school year at Singapore (he had a scholarship to study in Singapore for junior and highs school years). We recently talked again for our trip (June 2021) and then got married, on the ground that we had some close interactions before. The trip was kinds of connecting us for a second chance and so we felt that it's time we settled down and got married. 

• We're NOT CURRENTLY living together, since he is active duty and stations at Fort Hood, Texas. For me, I am doing my PhD study under F-1 visa in Alabama. 
• We only got married at the court house so there are no wedding pictures, also no witness at the married date, We plan to justify this in a cover letter by addressing our plan for moving in together (after het got discharged). In the meantime, we are taking turns to visit each other, almost like twice a month or even on weekly basis.
• He doesn't have me under his car insurance since I (for right now) am not comfortable learning how to drive right now.
   

Strengths:

• I kept all airplane tickets for both of us. Since July, I have been frequently traveling to Texas to visit my husband. During the summertime, I spent 2 months staying on base. He has also visited me on a monthly basis and when has his four-day vacation. 
• In July, we went on Nashville trip with our friends and took pictures as a group. We also spent our recent Thanksgiving at another friend's house in texas.
• I got enrolled in DEER, and also named on his will form as the recipient.
• We got joint bank statement
• We got shared phone bills in a three-person line, with my brother as the third person. 
• He visit my campus and has also attended one of my master-level class.
   

QUESTIONS

- Will my case be considered "weak" because not living together, despite justification? I am asking this question because in reality, our circumstance is temporary and we have a clear plan of moving in together once he got discharge. He will move to Alabama, attend UA with me and then live in the same house.

- Should I apply for the green card now or should I wait until he got discharged and move in together ? If he got discharged, I don't think he can sponsor me as he has no proof of paycheck. My income for a year is only 14k so clearly not enough to open a case post- military discharge 

 

Some proofs of marriage I'm going to use to back up my justification:

• Both of our parents know we're married. I did have some pictures (facetime with my vietnamese parents) and in-person with his parents. My close friends know our marriage too, although not a lot of them. 
• We have a joint bank account
• We spent several vacation trips together, and frequently send money via Zelle to help each other with finance. 
• This year, I almost fled to Texas (his station) on a weekly basis and he also visited me when possible.
• We're doing a long distance relationship (when I stay in my place) so I took screen shots of our conversation, facetime call, and interactions on SNS (e.g., he posted my pictures) 
• I was enrolled in DEERS (so my insurance has his name) and named on his will form.
• We still have one or two pictures back in 2015 and 2016 with our group of friends. 

 

Many thanks! 

[ashmed246 78]

44 minutes ago, Sherry Nguyen said:

Hi morning everyone,

Here is my story and case. I'm 22 and have been in States fro 5 years. In July 2021, I got married to a friend who used to be my best friend back at High school in Vietnam. He is now serving in the US Army and will be discharged by November 2022. I currently working on 2nd-year of the PhD program and has thus maintained the F-1 visa. Since my husband and I used to hang out back in high school with our mutual friends, I would say that we kind of knowing each other for around 5 years. His family immigrated to the States by Dec 2018 and my husband has been serving in the army since Feb 2019. We did not talk a lot during the period of 2017-2020. Typically, we just made comments on others' sns sites and have frequent private conversations through messenger. We began to talk (more enthusiastic haha) again since April 2021 for a post-COVID 19 trip in June. Back then, my husband just wanted to go on a trip with me because he wants to visit other places in the US before doing PCS in Korea. That used to be his plan. For me, I just wanted to do some travel post-covid. However, after the June trip, which lasted for a month we felt that the other is our better half. This leads us to get married in court on July 2021 in Alabama. 

 

Now, we're looking to do the paperwork for my AOS :
 

Weakness:

As casual friends, we knew each other since 2015 and spent a significant amount of time hang out together in two during 2015 and 2016. After that, we talked less as I moved to the States for my study abroad and he had other stuffs to take care in his high school year at Singapore (he had a scholarship to study in Singapore for junior and highs school years). We recently talked again for our trip (June 2021) and then got married, on the ground that we had some close interactions before. The trip was kinds of connecting us for a second chance and so we felt that it's time we settled down and got married. 

• We're NOT CURRENTLY living together, since he is active duty and stations at Fort Hood, Texas. For me, I am doing my PhD study under F-1 visa in Alabama. 
• We only got married at the court house so there are no wedding pictures, also no witness at the married date, We plan to justify this in a cover letter by addressing our plan for moving in together (after het got discharged). In the meantime, we are taking turns to visit each other, almost like twice a month or even on weekly basis.
• He doesn't have me under his car insurance since I (for right now) am not comfortable learning how to drive right now.
   

Strengths:

• I kept all airplane tickets for both of us. Since July, I have been frequently traveling to Texas to visit my husband. During the summertime, I spent 2 months staying on base. He has also visited me on a monthly basis and when has his four-day vacation. 
• In July, we went on Nashville trip with our friends and took pictures as a group. We also spent our recent Thanksgiving at another friend's house in texas.
• I got enrolled in DEER, and also named on his will form as the recipient.
• We got joint bank statement
• We got shared phone bills in a three-person line, with my brother as the third person. 
• He visit my campus and has also attended one of my master-level class.
   

QUESTIONS

- Will my case be considered "weak" because not living together, despite justification? I am asking this question because in reality, our circumstance is temporary and we have a clear plan of moving in together once he got discharge. He will move to Alabama, attend UA with me and then live in the same house.

- Should I apply for the green card now or should I wait until he got discharged and move in together ? If he got discharged, I don't think he can sponsor me as he has no proof of paycheck. My income for a year is only 14k so clearly not enough to open a case post- military discharge 

 

Some proofs of marriage I'm going to use to back up my justification:

• Both of our parents know we're married. I did have some pictures (facetime with my vietnamese parents) and in-person with his parents. My close friends know our marriage too, although not a lot of them. 
• We have a joint bank account
• We spent several vacation trips together, and frequently send money via Zelle to help each other with finance. 
• This year, I almost fled to Texas (his station) on a weekly basis and he also visited me when possible.
• We're doing a long distance relationship (when I stay in my place) so I took screen shots of our conversation, facetime call, and interactions on SNS (e.g., he posted my pictures) 
• I was enrolled in DEERS (so my insurance has his name) and named on his will form.
• We still have one or two pictures back in 2015 and 2016 with our group of friends. 

 

Many thanks! 

If I was in your shoes, I would file now and include everything you’ve mentioned. I would also include the DoD dependent ID and have your name on his lease if possible.

[JonInCA 12]

File now, but you might need to provide a sponsor I-864 at the interview, in case the interview comes after your husband's discharge but before he has sufficient proof of income at his new job.

Edited December 7, 2021 by JonInCA