What is the better thing to do for k-1 visa?

[xcowwyx 3]

Hello everyone, 

 

so my fiancé is in the marine corps and will be at the end of his enlistment in September 2023. We applied for our k-1 visa in may 2022 so we are expecting to receive it before his enlistment ends in September 2023. 
 

our question is if it’s smarter for him to renew his contract with the USMC for another 2 years or to go to the airforce in September 2023. Since it might cause difficulties when we get married while he’s in the marine corps and put his contract in I-864 affidavit of support and then while adjustment of status is processing he moves to the airforce. 
 

obviously USCIS will also see his contract with USMC would be ending soon if we get married before his switch to the airforce. 
 

what is the easiest/smartest thing to do? 
And how would we need to do it if he moves over to the airforce after we got married and applied for adjustment of status? Do we sent the new contract to USCIS later? Or will we just get an RFE for that? 
 

I hope this all makes sense! Thank you for reading and helping us out in advance(:

[Mike E 11,741]

I must be missing something. Because I don’t  see a difference between reenlisting in the Marines vs enlisting in the Air Force with respect to I-134 / I-864

[xcowwyx 3]

46 minutes ago, Mike E said:

I must be missing something. Because I don’t  see a difference between reenlisting in the Marines vs enlisting in the Air Force with respect to I-134 / I-864

Well if he enlists in the airforce and we get married while he’s still in the marine corps we would put his contract from the marine corps in the I-864 and they will see that his contract ends  soon or has ended when they review it. Will this not cause any questions or RFE’s?

[Chancy 6,242]

1 hour ago, xcowwyx said:

Well if he enlists in the airforce and we get married while he’s still in the marine corps we would put his contract from the marine corps in the I-864 and they will see that his contract ends  soon or has ended when they review it.

 

Why do you need to submit his contract?  It is not required for the I-864.

 

[xcowwyx 3]

13 minutes ago, Chancy said:

 

Why do you need to submit his contract?  It is not required for the I-864.

 

It’s not? I thought you needed to show proof that you can take care of the beneficiary?

 

• If you are the petitioning sponsor and on active duty in the U.S. armed forces or U.S. Coast Guard and are sponsoring your spouse or child using 100% of the Federal Poverty Guidelines, proof of your active military status.

 

it says this on the USCIS website, that does mean we have to sent his contract up too right? Then they will see his USMC contract only goes until September 2023 if he decides to change branches. 
 

 

I also see that you can sent in an employment verification letter, how would we go about this if we apply before he changes branches? 

Edited October 4, 2022 by xcowwyx

[Chancy 6,242]

1 minute ago, xcowwyx said:

It’s not? I thought you needed to show proof that you can take care of the beneficiary?

 

Check the I-864 form instructions here, particularly the example documentary evidence of current income on page 8 -- https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

 

[xcowwyx 3]

2 minutes ago, Chancy said:

 

Check the I-864 form instructions here, particularly the example documentary evidence of current income on page 8 -- https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

 

I see you can add an employer verification letter to help our case, how would we do this then? If we apply before he changes branches?

[Vickys_Mom 230]

7 hours ago, xcowwyx said:

it says this on the USCIS website, that does mean we have to sent his contract up too right? Then they will see his USMC contract only goes until September 2023 if he decides to change branches. 

If I want someone to prove to me that they are an active member of the U.S. Military, I ask for their active-duty identification card.  I've never asked someone for a copy of their contract.

 

Is there a specific USCIS requirement for a printed contract?  Would the ID card, or a photocopy of it, work as well?

 

Regards,

Vicky's Mom

[Letspaintcookies 2,310]

His LES is also just fine. So you have the paystub and prove of being in the military all in one.

[xcowwyx 3]

On 10/5/2022 at 12:35 AM, Vickys_Mom said:

If I want someone to prove to me that they are an active member of the U.S. Military, I ask for their active-duty identification card.  I've never asked someone for a copy of their contract.

 

Is there a specific USCIS requirement for a printed contract?  Would the ID card, or a photocopy of it, work as well?

 

Regards,

Vicky's Mom

It nowhere says a printed contract is a requirement but since it said any documents that you think could help your case. I thought the contract would be good since normally people are hired for a couple years and especially in the military it’s a stable job. 
 

so you think a photocopy of his military ID would be sufficient too? 
 

you don’t think it’ll be a problem with him changing jobs during the whole adjustment of status process and getting married thing? 
 

since on the I-485 you also need to fill in your current job, won’t it be a problem if he doesn’t have that job anymore when they process?

12 minutes ago, Letspaintcookies said:

His LES is also just fine. So you have the paystub and prove of being in the military all in one.

Thank you! 
so it’s not a problem for him to change branches around our marriage/applying for adjustment of status?

[Letspaintcookies 2,310]

11 hours ago, xcowwyx said:

It nowhere says a printed contract is a requirement but since it said any documents that you think could help your case. I thought the contract would be good since normally people are hired for a couple years and especially in the military it’s a stable job. 
 

so you think a photocopy of his military ID would be sufficient too? 
 

you don’t think it’ll be a problem with him changing jobs during the whole adjustment of status process and getting married thing? 
 

since on the I-485 you also need to fill in your current job, won’t it be a problem if he doesn’t have that job anymore when they process?

Thank you! 
so it’s not a problem for him to change branches around our marriage/applying for adjustment of status?

No it's not a problem. Don't make it one. An important thing in this whole process is to not volunteer information that could potentially get you into trouble. Use a copy of his ID ( which is ok to use for other federal agencies) and his last 3 paystubs. That's all that is needed. 

[xcowwyx 3]

1 minute ago, Letspaintcookies said:

No it's not a problem. Don't make it one. An important thing in this whole process is to not volunteer information that could potentially get you into trouble. Use a copy of his ID ( which is ok to use for other federal agencies) and his last 3 paystubs. That's all that is needed. 

So we also don’t have to let USCIS know that he changed jobs? Just fill in the information that’s true at the moment of filling?

[Letspaintcookies 2,310]

6 hours ago, xcowwyx said:

So we also don’t have to let USCIS know that he changed jobs? Just fill in the information that’s true at the moment of filling?

Exactly

[beloved_dingo 1,979]

Many, many people change jobs while going through immigration processes. No need to overthink it  

 

 

[Ed&Midori1031 330]

On 10/4/2022 at 1:16 AM, xcowwyx said:

Hello everyone, 

 

so my fiancé is in the marine corps and will be at the end of his enlistment in September 2023. We applied for our k-1 visa in may 2022 so we are expecting to receive it before his enlistment ends in September 2023. 
 

our question is if it’s smarter for him to renew his contract with the USMC for another 2 years or to go to the airforce in September 2023. Since it might cause difficulties when we get married while he’s in the marine corps and put his contract in I-864 affidavit of support and then while adjustment of status is processing he moves to the airforce. 
 

obviously USCIS will also see his contract with USMC would be ending soon if we get married before his switch to the airforce. 
 

what is the easiest/smartest thing to do? 
And how would we need to do it if he moves over to the airforce after we got married and applied for adjustment of status? Do we sent the new contract to USCIS later? Or will we just get an RFE for that? 
 

I hope this all makes sense! Thank you for reading and helping us out in advance(:

They don't need to know when his enlistment ends in the Marines.  USCIS is more concerned about if he's gainfully employed, and makes the criteria of financial support.  USCIS knows military get a steady paycheck, so there will be no issues.