AOS Expedite vs DCF (K1 w/ AD OCONUS Orders)

[ryvfader 45]

Wanted to get thoughts from people who might have experience with either routes here as our situation is a bit of a mess. I'm trying to evaluate which route is the best option for us between trying to expedite an AOS for accompanied OCONUS orders or if we would be better to get married, complete the military administrative bases then wait until I'm OCONUS and DCF. 

 

Her K1 visa was finally approved after 5 months in AP. With needing to recomplete some expired requirements for the visa and tie up loose ends at home she likely would be able to make it to the US in June. Our options once she gets here and get married are the following (from what I've gathered):

 

1) Apply for AOS and request an expedite then hope we have an I-130 approval before it's too late to get SOFA status prior to moving OCONUS. I'm seeing wait times on AOS ranging 5 months to 1.5 years so it really feels like a crapshoot. I also am uncertain how long her background checks would take since she was already flagged for AP by the consulate, or if the existing ones would expedite it as they have already completed very thorough reviews at this point. Ultimately as long as the I-130 approval goes through she can get her SOFA status though and we can request any additional processing to be sent to the consulate from my understanding. 

 

2) Spend the 90 days together in the US then she could go home or on an extended vacation until I move to Germany. I've already confirmed with the consulate that I can file as soon as I enter the country and other members here are seeing less than 2 week approval times on the I-130 then near instant issuance of the SOFA certificates. She has a valid visa for where I will be going so she could join me as soon as I moved as well for up to 90 days, then stay on the SOFA status. Obviously the key to this is that absolutely nothing for AOS can be done prior to moving OCONUS otherwise we lose the DCF eligibility. 

 

My gut here is telling me holding off the AOS then using DCF as soon as I'm OCONUS is the best route, but at the cost of another couple months apart once the 90 days on her K1 expires. But outweighs the risk of her AOS getting bogged down and us being apart for anywhere from months to over a year as we won't be able to refile as soon as something is entered stateside. 

 

I'm hoping some folks here might have some additional experiences they can share or further input incase I'm missing something.

[Letspaintcookies 2,310]

So if she comes here with her K1 and you file for AOS there's no I-130 involved. Only the I-485 and additional work and travel permit.

If she comes here, telling CBP not to use the K1 but a tourist visa and you get married and file for AOS ( that would involve the I-130 ) that would basically be fraud even tho she was basically approved to come here and AOS but only with the K1. Wait times for AOS depend on your local field office and you probably have good chances on getting it expedited but of course never a guarantee. 

 

For DCF both have to live in the country where you're applying so a tourist visa ( is that what she has?)  probably won't cut it here or did the consulate ( Frankfurt I guess since you said you're going to Germany ) explicitly said they allow it? Both of you probably still would have to travel stateside to activate her visa once granted and get her a SSN. But if all of that is possible I would probably go the second route.

 

Or she stays behind in the US to wait for the interview which can be done alone for deployed ( and probably PCS ) AD spouses. Once you're married she can be added in DEERS,  do the EFMP screening, get command sponsorship for OCONUS and have it written in your orders that she'll follow later.

[Letspaintcookies 2,310]

On another note and I'm just now thinking about it, is your command willing to ammend your orders if you're getting married after you already moved? If not you can throw that DCF idea completely out of the window until you're close to going back CONUS. If she's not able to get command sponsorship there's no SOFA.

[ryvfader 45]

2 hours ago, Letspaintcookies said:

So if she comes here with her K1 and you file for AOS there's no I-130 involved. Only the I-485 and additional work and travel permit.

If she comes here, telling CBP not to use the K1 but a tourist visa and you get married and file for AOS ( that would involve the I-130 ) that would basically be fraud even tho she was basically approved to come here and AOS but only with the K1. Wait times for AOS depend on your local field office and you probably have good chances on getting it expedited but of course never a guarantee. 

 

For DCF both have to live in the country where you're applying so a tourist visa ( is that what she has?)  probably won't cut it here or did the consulate ( Frankfurt I guess since you said you're going to Germany ) explicitly said they allow it? Both of you probably still would have to travel stateside to activate her visa once granted and get her a SSN. But if all of that is possible I would probably go the second route.

 

Or she stays behind in the US to wait for the interview which can be done alone for deployed ( and probably PCS ) AD spouses. Once you're married she can be added in DEERS,  do the EFMP screening, get command sponsorship for OCONUS and have it written in your orders that she'll follow later.

 

1 hour ago, Letspaintcookies said:

On another note and I'm just now thinking about it, is your command willing to ammend your orders if you're getting married after you already moved? If not you can throw that DCF idea completely out of the window until you're close to going back CONUS. If she's not able to get command sponsorship there's no SOFA.

Appreciate your response, hitting some facts I had overlooked, for example the lack of an I-130 in the AOS process as this may change things. 

She would enter the US using the K-1 to marry the USC petitioner as legally intended. 

 

You're correct to assume Frankfurt as the consulate. After reading about members here being able to DCF for their spouses who are not in Germany I contacted them to confirm eligibility. Essentially you're just getting the I-130 approval as required for SOFA status. Then once legally residing in the country you proceed with the remainder of DCF and the DS-260 process for the green card. Additionally I've seen some evidence that the visa issueance can be pushed to the right by some margin, although I have not looked deeper into how much freedom is given here. 

 

The lack of I-130 in AOS though is what has my attention now, as my understanding of the issue with filing stateside and then attempting DCF is that there are two I-130's in the system, the one stateside taking precedence. But with no I-130 present then my assumption is if it does not complete in time she can simply leave the US with me, abandoning the AOS process but still being able to utilize DCF following the above notes. 

 

I may also attempt getting the SOFA certificate based off the approved I-129F and I-797 approval letter once we are married and she is registered as my dependent, as the worst possible outcome here is getting told no. I attempted to get clarification locally on it but they don't deal this far into the weeds on the process at this level. So the best way to find out would be simply applying and seeing what happens. 

 

Obviously my preference in all of this is to get her on the orders prior to leaving. They are very good about getting people command sponsored onto orders after the fact, but it's always less of a headache to ensure anyone you want with you is on the original published set. In either case we would be getting married in the US prior to the move, so a delayed movement of dependents would be the route we take there if it came to it. 

[Letspaintcookies 2,310]

@Crazy Cat would you happen to know if AOS from K1 would dismiss the option for a DCF?

 

If possible I would totally try to start AOS here and see if you can get it expedited and depending on how it works out either abandon or let her finish alone. 

OCONUS orders always have to get ammendment after the dependants cleared the EFMP to get their names on it that's not unusual. You have a lot to do as soon as she comes here for sure

[Redro 4,611]

Read this post:

@Truth_Seeker might be able to provide clarity and timing on the process. 

 

[Letspaintcookies 2,310]

Self deleted

Edited April 6, 2022 by Letspaintcookies

[ryvfader 45]

 

43 minutes ago, Kor2USA said:

Read this post:

@Truth_Seeker might be able to provide clarity and timing on the process. 

 

Truth_Seeker is actually the one who I was mostly referring to when mentioning other members being able to DCF for family members not in Germany. He helped me a ton in PM's already and got me in touch with Frankfurt on the matter. 

 

But putting this out there for thoughts from others on what I'm missing is helping a lot. My mistaken belief that the AOS package included an I-130 made me think I had to do one or the other (AOS v. DCF). But I'm not finding any indication I can't file for her AOS on arrival with accompanied military orders as an expedite. If that fails to process in time I'm inclined to believe I can abandon the AOS and then file the I-130 for approval at the consulate then get her SOFA based off that. Then it's as simple as completing the DCF process from in country and get her U.S. residency through that. By far the least financially sustainable method, but seems to offer the best redundancy for timeline failures and zero to minimal time spent away from each other.

 

 @Letspaintcookies I think you have the right course here, I can adjust to accompanied orders anytime prior to departing per my tour election statement. Obviously there is the EFMP roadblock but we will have enough time for that. Worst case here is that we self procure her airfare because we have to abandon the AOS and get the SOFA after arrival. But based on the timelines we are seeing right now 3 months on her Schengen is well and above how long we would need to complete everything.

Edited April 6, 2022 by ryvfader

[Redro 4,611]

8 minutes ago, ryvfader said:

 

Truth_Seeker is actually the one who I was mostly referring to when mentioning other members being able to DCF for family members not in Germany. He helped me a ton in PM's already and got me in touch with Frankfurt on the matter. 

 

But putting this out there for thoughts from others on what I'm missing is helping a lot. My mistaken belief that the AOS package included an I-130 made me think I had to do one or the other (AOS v. DCF). But I'm not finding any indication I can't file for her AOS on arrival with accompanied military orders as an expedite. If that fails to process in time I'm inclined to believe I can abandon the AOS and then file the I-130 for approval at the consulate then get her SOFA based off that. Then it's as simple as completing the DCF process from in country and get her U.S. residency through that. By far the least financially sustainable method, but seems to offer the best redundancy for timeline failures and zero to minimal time spent away from each other.

 

 @Letspaintcookies I think you have the right course here, I can adjust to accompanied orders anytime prior to departing per my tour election statement. Obviously there is the EFMP roadblock but we will have enough time for that. Worst case here is that we self procure her airfare because we have to abandon the AOS and get the SOFA after arrival. But based on the timelines we are seeing right now 3 months on her Schengen is well and above how long we would need to complete everything.

Ah~ Feel bad for tagging Truth_Seeker then...