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Filed: K-3 Visa Country: Mexico
Timeline
Posted

Hello again,

Quick question! I'm currently in the military and I'm required to do a background check on him and also to complete a medical examination. The physician has to be approved by a medical U.S Consular Service. How do I go by getting this information?

Thank you so much,

solita

Filed: K-1 Visa Country: Mexico
Timeline
Posted
Hello again,

Quick question! I'm currently in the military and I'm required to do a background check on him and also to complete a medical examination. The physician has to be approved by a medical U.S Consular Service. How do I go by getting this information?

Thank you so much,

solita

You are not required to do a background check on him. What are you referring to?

If you or your fiance/spouse is Mexican then you are going to interview in Ciudad Juarez, and can only go to one of the two approved medical clinics there.

Filed: K-3 Visa Country: Mexico
Timeline
Posted
Hello again,

Quick question! I'm currently in the military and I'm required to do a background check on him and also to complete a medical examination. The physician has to be approved by a medical U.S Consular Service. How do I go by getting this information?

Thank you so much,

solita

You are not required to do a background check on him. What are you referring to?

If you or your fiance/spouse is Mexican then you are going to interview in Ciudad Juarez, and can only go to one of the two approved medical clinics there.

According to the Navy instructions I have to before I got married. But I did already but still have to go through the whole process. Don't know why? Thanks

Filed: K-1 Visa Country: Mexico
Timeline
Posted

If the Navy has some kind of requirement, that would be completely separate from USCIS's requirements.

If you are asking about the medical examination for him, assuming he's Mexican, he can only go to the clinics in Ciudad Juarez. All of the information is clearly available on their website.

Filed: Citizen (pnd) Country: Mexico
Timeline
Posted

Does the military publish the information you are referring to?

What the Marines and Marine Corps Want

Before Illustrator Draftsman 1st Class Ronald Hill married his wife, a native of Japan, he had to obtain the official Secretary of the Marines instruction and a "Request for Authorization to Marry." The instruction, provided by his commanding officer in the Pacific, is a checklist of information, policies, and procedures regarding marriage to a foreign national.

Though the instruction and forms Hill obtained were specific to his command, Sailors and Marines deployed anywhere can get similar information - each command will provide its own written instructions.

Marines typically follow the same process as Sailors. First, they must submit to their company officer or officer in charge a request for approval of marriage. From that point, each Marine command may have different provisions that must be met.

For example, according to the Commander, Marine Corps Bases, Japan, once a Marine makes a marriage request, he or she must appear in person at the nearest Legal Service Support Section to obtain an Affidavit of Competency to Marry. And according to the Marine Corps command in Japan, the applicant must translate the Affidavit of Competency to Marry into Japanese. Applicants marrying Japanese nationals must get a blank form of notification of marriage (called Konin Todoke) from City Hall and complete it in Japanese.

Two witnesses over the age of 20 (of any nationality) must sign and witness the Japanese forms, and then the couple must get a marriage certificate that includes an English translation.

Other provisions within various Marine Corps commands include certain age requirements, filing applications for immigration visas, providing tax identification numbers, obtaining physical exams for both individuals, and attending a Marine Corps premarital seminar.

Sailors might not have to attend a premarital seminar, but Marines chaplains and certain commanders will suggest it before a couple marries.

For Sailors, the basic marriage form is a one-page special request chit that requires the couple's names, addresses, places of birth, the Sailor's rank, and whether the Sailor has been married before.

Cmdr. Ann Delaney, deputy assistant Judge Advocate General for Legal Assistance in Washington, D.C., says there are other things to consider within the Marines instruction (SECNAVINST 5510.30A) before marrying a foreign national.

According to the instruction, "If you hold a security clearance, marriage to a foreign national could jeopardize that clearance until a determination is made regarding the security risk that is presented, depending on which country your prospective spouse is from. A security risk may exist when an individual's immediate family, including cohabitants and other persons to whom the individual is bound by affection or obligation, are not citizens of the United States.

"Having a financial interest in a foreign country may also present a security risk."

The Marines's Military Personnel Manual (MILPERSMAN 5352-030) also includes financial concerns that must be addressed. Sailors will often need to prove financial ability to prevent the spouse from becoming a public charge and get a notarized written consent from the parents or legal guardian of either party if under the legal age for marriage in the state, territory, or country in which the marriage is to take place.

DM1 Hill, now serving on the flagship USS Blue Ridge, (http://www.blueridge.Marines.mil/) has been married to his Japanese wife for two years now. He says that for them the Marines's marriage approval process really didn't take very long.

"In the military, any time you request something, there's a normal process time of three days," Hill explains. "The actual request letter falls under the same time requirements. The process becomes lengthy when you're waiting for blood test and physical exam results.

"That's because the blood tests are sent stateside unless you pay to have them done at a Japanese hospital," Hill adds. "And the Commander, Naval Forces Japan, will only accept the results from one hospital in this area. The process only took six weeks, which in my opinion was not long at all."

Immigrant Status

Because Hill's wife and their two children remained in Japan after their marriage, there was no need for her to obtain a U.S. visa before they wed. But if a marriage between an American and a foreign national is performed in the United States, or the spouse-to-be plans to live in the States after marriage, he or she is required to get a visa before entering the country.

The process to get a visa may require more time for some couples. According to Russ Bergeron, chief press officer for the Immigration and Naturalization Service (INS) in Washington, D.C., a Sailor must get an INS petition for his or her betrothed to immigrate to the United States. The individual can apply for either a fiance or immigrant visa.

"Sailors must be aware that just because you've married someone, it doesn't give them automatic immigration status," Bergeron says. "There is a process you have to go through. So it's not something you can do at the last minute."

He further explains that a couple should be prepared to wait three to six months from the time they get their visa application until approval to immigrate is given. Once the initial petition to marry is completed, the Sailor will go to a U.S. embassy or consulate to get a visa application for his or her spouse-to-be.

Bergeron says that if the marriage were to be performed in the United States, the couple would need to prepare a fiance visa, which allows an individual to remain the country for 90 days, during which time the marriage must take place. Otherwise, the visa will expire and the fiance will have to return to their country. Once a couple is married, they will then petition the INS for a change in immigration status and file for a legal immigrant visa so the spouse can remain in the country.

If a couple chooses to marry in a foreign country, they still have to apply for a U.S. visa before they can enter the United States as husband and wife. Bergeron says that the INS and State Department both make it their duty to watch out for fraudulent marriages, so a couple must be prepared to prove that they have a bona fide relationship.

He suggests that if a Sailor has an ongoing relationship with a foreign national and hopes to later have that individual enter the United States, it's a good idea to keep letters, e-mail, and airline tickets to document their relationship.

There are situations in which individuals are denied visas - for example, when individuals have a criminal backgrounds or have a communicable disease such as HIV/AIDS or tuberculosis.

And Bergeron says that, although no new policies have been issued since September 11, 2001, there is much more scrutiny and a heightened sense of security, which means that all forms and visa requests are even more closely examined than before the tragedy.

Preparing the Paperwork

The INS provides further information about immigrant visas and paperwork, and also provides links to actual forms to download.

The U.S. State Department provides information about policies of other countries, getting visas, and required fees. Some countries require little with regard to approval for marriage, while others require an American to obtain local approval that might even occur on a tribal level. The Travel Warnings / Consular Info Sheets (http://www.travel.state.gov/travel_warnings.html) section gives further information about other nations and travel safety issues.

For Ronald Hill and his Japanese-born wife, little paperwork was required from her government.

"Actually, none of the items she needed to provide from the Japanese government posed a problem," Hill says. All she had to provide was her family register, or Koseki Tohon."

But on the local level in Japan, Hill did have to answer some questions regarding his intentions.

"I think the concerns were that I wouldn't go through with the marriage," he says. "The Japanese hear a lot of rumors about American military men that make the older Japanese community skeptical. There's also the concern of how well their daughter will adapt to life in America."

Dependent Eligibility

All the officials interviewed say there's really nothing that can prevent a couple from being married. But when it comes to the military, if a Sailor doesn't get the special request chit for marriage, he or she may find that the new spouse will not be eligible for military benefits.

"Without the paperwork, where DEERS (Defense Enrollment Eligibility Reporting System) is concerned, it might take much longer for the spouse to obtain benefits," says Delaney.

And according to DEERS, something as simple as a home address being outdated or not included on a form could be enough to deny health benefits to a couple, so do keep DEERS updated to reflect new information.

After the wedding, the Marines also will define the Sailor's spouse as a Command-Sponsored Dependent, an Acquired Dependent, or a Noncommand-Sponsored Dependent.

Command-Sponsored Dependent - A dependent who is entitled to travel to overseas commands at government expense and is endorsed by the appropriate military commander to be present in a dependent's status. Command-sponsored families have full access to post and base exchanges, commissary, medical care, schools, and other facilities. They are authorized to live in government housing or, if that's not available, to receive financial assistance with their rent.

Acquired Dependent - A dependent acquired via marriage, birth, adoption, etc., while serving a restricted or unaccompanied tour. Acquired dependents are entitled to transportation from port of entry to new permanent duty station.

Noncommand-Sponsored Dependent - Also called "hardship" or "remote" tours, the family members do not accompany the Sailor on this tour.

Certain marriage instructions provided by the Marines also suggest that Sailors who choose to "bypass the requirements will be denied command sponsorship of their family member until such time as certain requirements of this instruction are met."

Also, if a Sailor married to a foreign national refuses or fails to provide for entry of family members into the United States or territory of residence, the family members will not be granted logistical support from the command.

In addition to the websites listed above, many of the Marines's Fleet and Family Support Centers (FFSC) provide information on marriage to a foreign national and information about certain cultures and customs. And for a foreign-born husband or wife, the FFSC also provides help in adapting to their new lives in the United States, as well as to their roles as military spouses.

I found this?

If the Navy has some kind of requirement, that would be completely separate from USCIS's requirements.

If you are asking about the medical examination for him, assuming he's Mexican, he can only go to the clinics in Ciudad Juarez. All of the information is clearly available on their website.

It looks like if you are in the military each command can write their own rules?

Filed: K-3 Visa Country: Mexico
Timeline
Posted
Does the military publish the information you are referring to?

What the Marines and Marine Corps Want

Before Illustrator Draftsman 1st Class Ronald Hill married his wife, a native of Japan, he had to obtain the official Secretary of the Marines instruction and a "Request for Authorization to Marry." The instruction, provided by his commanding officer in the Pacific, is a checklist of information, policies, and procedures regarding marriage to a foreign national.

Though the instruction and forms Hill obtained were specific to his command, Sailors and Marines deployed anywhere can get similar information - each command will provide its own written instructions.

Marines typically follow the same process as Sailors. First, they must submit to their company officer or officer in charge a request for approval of marriage. From that point, each Marine command may have different provisions that must be met.

For example, according to the Commander, Marine Corps Bases, Japan, once a Marine makes a marriage request, he or she must appear in person at the nearest Legal Service Support Section to obtain an Affidavit of Competency to Marry. And according to the Marine Corps command in Japan, the applicant must translate the Affidavit of Competency to Marry into Japanese. Applicants marrying Japanese nationals must get a blank form of notification of marriage (called Konin Todoke) from City Hall and complete it in Japanese.

Two witnesses over the age of 20 (of any nationality) must sign and witness the Japanese forms, and then the couple must get a marriage certificate that includes an English translation.

Other provisions within various Marine Corps commands include certain age requirements, filing applications for immigration visas, providing tax identification numbers, obtaining physical exams for both individuals, and attending a Marine Corps premarital seminar.

Sailors might not have to attend a premarital seminar, but Marines chaplains and certain commanders will suggest it before a couple marries.

For Sailors, the basic marriage form is a one-page special request chit that requires the couple's names, addresses, places of birth, the Sailor's rank, and whether the Sailor has been married before.

Cmdr. Ann Delaney, deputy assistant Judge Advocate General for Legal Assistance in Washington, D.C., says there are other things to consider within the Marines instruction (SECNAVINST 5510.30A) before marrying a foreign national.

According to the instruction, "If you hold a security clearance, marriage to a foreign national could jeopardize that clearance until a determination is made regarding the security risk that is presented, depending on which country your prospective spouse is from. A security risk may exist when an individual's immediate family, including cohabitants and other persons to whom the individual is bound by affection or obligation, are not citizens of the United States.

"Having a financial interest in a foreign country may also present a security risk."

The Marines's Military Personnel Manual (MILPERSMAN 5352-030) also includes financial concerns that must be addressed. Sailors will often need to prove financial ability to prevent the spouse from becoming a public charge and get a notarized written consent from the parents or legal guardian of either party if under the legal age for marriage in the state, territory, or country in which the marriage is to take place.

DM1 Hill, now serving on the flagship USS Blue Ridge, (http://www.blueridge.Marines.mil/) has been married to his Japanese wife for two years now. He says that for them the Marines's marriage approval process really didn't take very long.

"In the military, any time you request something, there's a normal process time of three days," Hill explains. "The actual request letter falls under the same time requirements. The process becomes lengthy when you're waiting for blood test and physical exam results.

"That's because the blood tests are sent stateside unless you pay to have them done at a Japanese hospital," Hill adds. "And the Commander, Naval Forces Japan, will only accept the results from one hospital in this area. The process only took six weeks, which in my opinion was not long at all."

Immigrant Status

Because Hill's wife and their two children remained in Japan after their marriage, there was no need for her to obtain a U.S. visa before they wed. But if a marriage between an American and a foreign national is performed in the United States, or the spouse-to-be plans to live in the States after marriage, he or she is required to get a visa before entering the country.

The process to get a visa may require more time for some couples. According to Russ Bergeron, chief press officer for the Immigration and Naturalization Service (INS) in Washington, D.C., a Sailor must get an INS petition for his or her betrothed to immigrate to the United States. The individual can apply for either a fiance or immigrant visa.

"Sailors must be aware that just because you've married someone, it doesn't give them automatic immigration status," Bergeron says. "There is a process you have to go through. So it's not something you can do at the last minute."

He further explains that a couple should be prepared to wait three to six months from the time they get their visa application until approval to immigrate is given. Once the initial petition to marry is completed, the Sailor will go to a U.S. embassy or consulate to get a visa application for his or her spouse-to-be.

Bergeron says that if the marriage were to be performed in the United States, the couple would need to prepare a fiance visa, which allows an individual to remain the country for 90 days, during which time the marriage must take place. Otherwise, the visa will expire and the fiance will have to return to their country. Once a couple is married, they will then petition the INS for a change in immigration status and file for a legal immigrant visa so the spouse can remain in the country.

If a couple chooses to marry in a foreign country, they still have to apply for a U.S. visa before they can enter the United States as husband and wife. Bergeron says that the INS and State Department both make it their duty to watch out for fraudulent marriages, so a couple must be prepared to prove that they have a bona fide relationship.

He suggests that if a Sailor has an ongoing relationship with a foreign national and hopes to later have that individual enter the United States, it's a good idea to keep letters, e-mail, and airline tickets to document their relationship.

There are situations in which individuals are denied visas - for example, when individuals have a criminal backgrounds or have a communicable disease such as HIV/AIDS or tuberculosis.

And Bergeron says that, although no new policies have been issued since September 11, 2001, there is much more scrutiny and a heightened sense of security, which means that all forms and visa requests are even more closely examined than before the tragedy.

Preparing the Paperwork

The INS provides further information about immigrant visas and paperwork, and also provides links to actual forms to download.

The U.S. State Department provides information about policies of other countries, getting visas, and required fees. Some countries require little with regard to approval for marriage, while others require an American to obtain local approval that might even occur on a tribal level. The Travel Warnings / Consular Info Sheets (http://www.travel.state.gov/travel_warnings.html) section gives further information about other nations and travel safety issues.

For Ronald Hill and his Japanese-born wife, little paperwork was required from her government.

"Actually, none of the items she needed to provide from the Japanese government posed a problem," Hill says. All she had to provide was her family register, or Koseki Tohon."

But on the local level in Japan, Hill did have to answer some questions regarding his intentions.

"I think the concerns were that I wouldn't go through with the marriage," he says. "The Japanese hear a lot of rumors about American military men that make the older Japanese community skeptical. There's also the concern of how well their daughter will adapt to life in America."

Dependent Eligibility

All the officials interviewed say there's really nothing that can prevent a couple from being married. But when it comes to the military, if a Sailor doesn't get the special request chit for marriage, he or she may find that the new spouse will not be eligible for military benefits.

"Without the paperwork, where DEERS (Defense Enrollment Eligibility Reporting System) is concerned, it might take much longer for the spouse to obtain benefits," says Delaney.

And according to DEERS, something as simple as a home address being outdated or not included on a form could be enough to deny health benefits to a couple, so do keep DEERS updated to reflect new information.

After the wedding, the Marines also will define the Sailor's spouse as a Command-Sponsored Dependent, an Acquired Dependent, or a Noncommand-Sponsored Dependent.

Command-Sponsored Dependent - A dependent who is entitled to travel to overseas commands at government expense and is endorsed by the appropriate military commander to be present in a dependent's status. Command-sponsored families have full access to post and base exchanges, commissary, medical care, schools, and other facilities. They are authorized to live in government housing or, if that's not available, to receive financial assistance with their rent.

Acquired Dependent - A dependent acquired via marriage, birth, adoption, etc., while serving a restricted or unaccompanied tour. Acquired dependents are entitled to transportation from port of entry to new permanent duty station.

Noncommand-Sponsored Dependent - Also called "hardship" or "remote" tours, the family members do not accompany the Sailor on this tour.

Certain marriage instructions provided by the Marines also suggest that Sailors who choose to "bypass the requirements will be denied command sponsorship of their family member until such time as certain requirements of this instruction are met."

Also, if a Sailor married to a foreign national refuses or fails to provide for entry of family members into the United States or territory of residence, the family members will not be granted logistical support from the command.

In addition to the websites listed above, many of the Marines's Fleet and Family Support Centers (FFSC) provide information on marriage to a foreign national and information about certain cultures and customs. And for a foreign-born husband or wife, the FFSC also provides help in adapting to their new lives in the United States, as well as to their roles as military spouses.

I found this?

If the Navy has some kind of requirement, that would be completely separate from USCIS's requirements.

If you are asking about the medical examination for him, assuming he's Mexican, he can only go to the clinics in Ciudad Juarez. All of the information is clearly available on their website.

It looks like if you are in the military each command can write their own rules?

Thanks for everything again. The instruction i'm referring to is COMNAVREGSM INSTRUCTION 1752.1 and states that spouse must complete a physical examination by a medical officer of the U.S armed forces (impossible he is in Mexico) or by a physician approved by the U.S consular service. Is Ciudad Juarez the only place to get an examination?? How about Tijuana Baja California?? Thanks

Posted
Thanks for everything again. The instruction i'm referring to is COMNAVREGSM INSTRUCTION 1752.1 and states that spouse must complete a physical examination by a medical officer of the U.S armed forces (impossible he is in Mexico) or by a physician approved by the U.S consular service. Is Ciudad Juarez the only place to get an examination?? How about Tijuana Baja California?? Thanks

You seem to be asking about the medical exam to meet the requirements of your military instruction. If so, this is not the place to ask. This is a forum about US immigration and the military requirements are separate from that. The medical exam for US immigration must be done in Ciudad Juarez.

My Crafting Blog - On a Roll - Blogspot

3179788211_95b93e62af_t.jpg3179788215_6a1e497e9b_t.jpg3165849344_f296789fd3_t.jpg

_______________________________________________________

US Immigration Timeline

-------------------------

24 Feb 2007 - Sent I-130 to London USCIS office (I'm the petitioner)

25 May 2007 - NOA2

2 June 2007 - Received Packet 3

12 Oct 2007 - Sent Packet 3 back by special delivery

5 Nov 2007 - Interview in London - Approved without any hitches!

7 Nov 2007 - Visa and MBE arrived by SMS! :)

30 Jan 2008 - Fly to Michigan!! :)

*Note: Any delays in our case are only due to us taking things slowly

Filed: Citizen (pnd) Country: Mexico
Timeline
Posted

Calling from the United States:

011-52-477-788-7070, at a cost of 50 Mexican pesos per applicant, plus Mexico’s 15 percent value added tax (IVA), plus long distance charges per call, for holders of Mastercard or Visa credit cards; or

is the number to the consulate there. You can call them and see if there is a CS there.

Filed: Citizen (pnd) Country: Mexico
Timeline
Posted
Thanks for everything again. The instruction i'm referring to is COMNAVREGSM INSTRUCTION 1752.1 and states that spouse must complete a physical examination by a medical officer of the U.S armed forces (impossible he is in Mexico) or by a physician approved by the U.S consular service. Is Ciudad Juarez the only place to get an examination?? How about Tijuana Baja California?? Thanks

You seem to be asking about the medical exam to meet the requirements of your military instruction. If so, this is not the place to ask. This is a forum about US immigration and the military requirements are separate from that. The medical exam for US immigration must be done in Ciudad Juarez.

I think it is a great place to ask because this is Visajourney

"Our goal is to educate and provide general information regarding family and marriage based immigration (K1, K3, DCF, etc) for a spouse, fiance, parent(s) or other close relatives to reunite and bring together families."

It says immigration which if you are in the millitary you have to do more than the rest of us.

ONLY MY OPINION.

Filed: AOS (apr) Country: Germany
Timeline
Posted

Why are all branches of service not the same? My husband is in the ARMY and he never had to do any of this. The only thing that happened recently was that they did an investigation before he left for Iraq - this was for his top security clearance though. They wanted to make sure that there would be nothing in our background which could be used against him to blackmail him with if he were to become a hostage or whatever.

How strange! I have no idea how to answer your question except for that if the Navy wants this done by a military doctor, well then they need to tell you where at.

Does the military publish the information you are referring to?

What the Marines and Marine Corps Want

Before Illustrator Draftsman 1st Class Ronald Hill married his wife, a native of Japan, he had to obtain the official Secretary of the Marines instruction and a "Request for Authorization to Marry." The instruction, provided by his commanding officer in the Pacific, is a checklist of information, policies, and procedures regarding marriage to a foreign national.

Though the instruction and forms Hill obtained were specific to his command, Sailors and Marines deployed anywhere can get similar information - each command will provide its own written instructions.

Marines typically follow the same process as Sailors. First, they must submit to their company officer or officer in charge a request for approval of marriage. From that point, each Marine command may have different provisions that must be met.

For example, according to the Commander, Marine Corps Bases, Japan, once a Marine makes a marriage request, he or she must appear in person at the nearest Legal Service Support Section to obtain an Affidavit of Competency to Marry. And according to the Marine Corps command in Japan, the applicant must translate the Affidavit of Competency to Marry into Japanese. Applicants marrying Japanese nationals must get a blank form of notification of marriage (called Konin Todoke) from City Hall and complete it in Japanese.

Two witnesses over the age of 20 (of any nationality) must sign and witness the Japanese forms, and then the couple must get a marriage certificate that includes an English translation.

Other provisions within various Marine Corps commands include certain age requirements, filing applications for immigration visas, providing tax identification numbers, obtaining physical exams for both individuals, and attending a Marine Corps premarital seminar.

Sailors might not have to attend a premarital seminar, but Marines chaplains and certain commanders will suggest it before a couple marries.

For Sailors, the basic marriage form is a one-page special request chit that requires the couple's names, addresses, places of birth, the Sailor's rank, and whether the Sailor has been married before.

Cmdr. Ann Delaney, deputy assistant Judge Advocate General for Legal Assistance in Washington, D.C., says there are other things to consider within the Marines instruction (SECNAVINST 5510.30A) before marrying a foreign national.

According to the instruction, "If you hold a security clearance, marriage to a foreign national could jeopardize that clearance until a determination is made regarding the security risk that is presented, depending on which country your prospective spouse is from. A security risk may exist when an individual's immediate family, including cohabitants and other persons to whom the individual is bound by affection or obligation, are not citizens of the United States.

"Having a financial interest in a foreign country may also present a security risk."

The Marines's Military Personnel Manual (MILPERSMAN 5352-030) also includes financial concerns that must be addressed. Sailors will often need to prove financial ability to prevent the spouse from becoming a public charge and get a notarized written consent from the parents or legal guardian of either party if under the legal age for marriage in the state, territory, or country in which the marriage is to take place.

DM1 Hill, now serving on the flagship USS Blue Ridge, (http://www.blueridge.Marines.mil/) has been married to his Japanese wife for two years now. He says that for them the Marines's marriage approval process really didn't take very long.

"In the military, any time you request something, there's a normal process time of three days," Hill explains. "The actual request letter falls under the same time requirements. The process becomes lengthy when you're waiting for blood test and physical exam results.

"That's because the blood tests are sent stateside unless you pay to have them done at a Japanese hospital," Hill adds. "And the Commander, Naval Forces Japan, will only accept the results from one hospital in this area. The process only took six weeks, which in my opinion was not long at all."

Immigrant Status

Because Hill's wife and their two children remained in Japan after their marriage, there was no need for her to obtain a U.S. visa before they wed. But if a marriage between an American and a foreign national is performed in the United States, or the spouse-to-be plans to live in the States after marriage, he or she is required to get a visa before entering the country.

The process to get a visa may require more time for some couples. According to Russ Bergeron, chief press officer for the Immigration and Naturalization Service (INS) in Washington, D.C., a Sailor must get an INS petition for his or her betrothed to immigrate to the United States. The individual can apply for either a fiance or immigrant visa.

"Sailors must be aware that just because you've married someone, it doesn't give them automatic immigration status," Bergeron says. "There is a process you have to go through. So it's not something you can do at the last minute."

He further explains that a couple should be prepared to wait three to six months from the time they get their visa application until approval to immigrate is given. Once the initial petition to marry is completed, the Sailor will go to a U.S. embassy or consulate to get a visa application for his or her spouse-to-be.

Bergeron says that if the marriage were to be performed in the United States, the couple would need to prepare a fiance visa, which allows an individual to remain the country for 90 days, during which time the marriage must take place. Otherwise, the visa will expire and the fiance will have to return to their country. Once a couple is married, they will then petition the INS for a change in immigration status and file for a legal immigrant visa so the spouse can remain in the country.

If a couple chooses to marry in a foreign country, they still have to apply for a U.S. visa before they can enter the United States as husband and wife. Bergeron says that the INS and State Department both make it their duty to watch out for fraudulent marriages, so a couple must be prepared to prove that they have a bona fide relationship.

He suggests that if a Sailor has an ongoing relationship with a foreign national and hopes to later have that individual enter the United States, it's a good idea to keep letters, e-mail, and airline tickets to document their relationship.

There are situations in which individuals are denied visas - for example, when individuals have a criminal backgrounds or have a communicable disease such as HIV/AIDS or tuberculosis.

And Bergeron says that, although no new policies have been issued since September 11, 2001, there is much more scrutiny and a heightened sense of security, which means that all forms and visa requests are even more closely examined than before the tragedy.

Preparing the Paperwork

The INS provides further information about immigrant visas and paperwork, and also provides links to actual forms to download.

The U.S. State Department provides information about policies of other countries, getting visas, and required fees. Some countries require little with regard to approval for marriage, while others require an American to obtain local approval that might even occur on a tribal level. The Travel Warnings / Consular Info Sheets (http://www.travel.state.gov/travel_warnings.html) section gives further information about other nations and travel safety issues.

For Ronald Hill and his Japanese-born wife, little paperwork was required from her government.

"Actually, none of the items she needed to provide from the Japanese government posed a problem," Hill says. All she had to provide was her family register, or Koseki Tohon."

But on the local level in Japan, Hill did have to answer some questions regarding his intentions.

"I think the concerns were that I wouldn't go through with the marriage," he says. "The Japanese hear a lot of rumors about American military men that make the older Japanese community skeptical. There's also the concern of how well their daughter will adapt to life in America."

Dependent Eligibility

All the officials interviewed say there's really nothing that can prevent a couple from being married. But when it comes to the military, if a Sailor doesn't get the special request chit for marriage, he or she may find that the new spouse will not be eligible for military benefits.

"Without the paperwork, where DEERS (Defense Enrollment Eligibility Reporting System) is concerned, it might take much longer for the spouse to obtain benefits," says Delaney.

And according to DEERS, something as simple as a home address being outdated or not included on a form could be enough to deny health benefits to a couple, so do keep DEERS updated to reflect new information.

After the wedding, the Marines also will define the Sailor's spouse as a Command-Sponsored Dependent, an Acquired Dependent, or a Noncommand-Sponsored Dependent.

Command-Sponsored Dependent - A dependent who is entitled to travel to overseas commands at government expense and is endorsed by the appropriate military commander to be present in a dependent's status. Command-sponsored families have full access to post and base exchanges, commissary, medical care, schools, and other facilities. They are authorized to live in government housing or, if that's not available, to receive financial assistance with their rent.

Acquired Dependent - A dependent acquired via marriage, birth, adoption, etc., while serving a restricted or unaccompanied tour. Acquired dependents are entitled to transportation from port of entry to new permanent duty station.

Noncommand-Sponsored Dependent - Also called "hardship" or "remote" tours, the family members do not accompany the Sailor on this tour.

Certain marriage instructions provided by the Marines also suggest that Sailors who choose to "bypass the requirements will be denied command sponsorship of their family member until such time as certain requirements of this instruction are met."

Also, if a Sailor married to a foreign national refuses or fails to provide for entry of family members into the United States or territory of residence, the family members will not be granted logistical support from the command.

In addition to the websites listed above, many of the Marines's Fleet and Family Support Centers (FFSC) provide information on marriage to a foreign national and information about certain cultures and customs. And for a foreign-born husband or wife, the FFSC also provides help in adapting to their new lives in the United States, as well as to their roles as military spouses.

I found this?

If the Navy has some kind of requirement, that would be completely separate from USCIS's requirements.

If you are asking about the medical examination for him, assuming he's Mexican, he can only go to the clinics in Ciudad Juarez. All of the information is clearly available on their website.

It looks like if you are in the military each command can write their own rules?

Thanks for everything again. The instruction i'm referring to is COMNAVREGSM INSTRUCTION 1752.1 and states that spouse must complete a physical examination by a medical officer of the U.S armed forces (impossible he is in Mexico) or by a physician approved by the U.S consular service. Is Ciudad Juarez the only place to get an examination?? How about Tijuana Baja California?? Thanks

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Timeline:

*Met in Tanzfleck, Germany October 24, 2003 - Continued dating until he got out of the ARMY in Nov. 2005. Continued LD relationship.

*Came to visit me in Germany for New Years 2006

*Filed for K1 Visa on 4/4/06

*NOA1 - 7/6/06

*I-129F NOA2 Approved - 9/14/06

*Came to see me Thanksgiving week in Nov. 2006

*K1 Interview - 2/2/07

*K1 Visa received - 2/11/07

*Date of US Entry (POE Chicago)- 3/5/07

*Wedding/Marriage - 3/17/07

AOS (My case was expedited due to husband going to Iraq):

*Filed for AOS - 4/20/07

*Found out in the beginning of June that husband is going to Iraq

*NOA for I-485 - 6/11/07

*Made Infopass appointment to get case expedited due to deployment (Infopass appt 6/12/07)

*Biometrics - 7/7/07

*Interview date - 7/11/07

*I-485 Aprroval date- 7/11/07

*Green Card Received- 7/19/07

Removal of Conditions:

*Filed petition to remove conditions on 6/9/09

*NOA- 6/15/09

*Biometrics Appt. in Birmingham - 8/6/09

*Lifting of Conditions Approval Date - 10/22/09

*Waiting for Green Card!

Had our daughter on 4/4/08 and have another baby due 11/19/09!!!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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