Full Version: Got married while deployed overseas
VisaJourney.com > General Family Based Immigration Topics > Effects of Major Family Changes on Immigration Benefits
Hello everyone,
I'm here again soliciting for your helpful advices. My cousin was deployed in Korea in 2007 and got married over there and now have a baby. They have been living in Korea since they got married. He is a USC. They have not started the immigration process yet. Here are the questions: The baby was born in Korea with a USC father so the baby is automatically a USC too? Where and how are they going to start their immigration process? Can his wife file for expedited citizenship?
Please help and thank you all in advance.
Walley
Your brother can register the birth abroad of his US citizen son at the US Embassy for Korea. They can advise him of the next step (passport?). Your brother's wife needs to go through the same immigration process as any other spouse hoping to move to the US - there is no expedite for citizenship. He will need to sponsor her for either a CR-1 or a K-3 visa. I believe that there is a military contact that he can use to help them work through the process. Once his wife receives her permanent residency (either on her entry as a CR-I or after filing for and receiving AOS from a K-3), she is allowed to apply for US citizenship 3 years later as long as she and your brother are still married. They do need to start looking at their immigration process now, depending on how soon they wish to be in the US. One more option to investigate - and I don't know if it is possible in Korea - is to look at DCF - Direct Consular Filing. It still involves starting with the I-130 family sponsorship petition. Good luck to them.
QUOTE(Kathryn41 @ Jun 30 2008, 06:47 AM) 
Your brother can register the birth abroad of his US citizen son at the US Embassy for Korea. They can advise him of the next step (passport?). Your brother's wife needs to go through the same immigration process as any other spouse hoping to move to the US - there is no expedite for citizenship. He will need to sponsor her for either a CR-1 or a K-3 visa. I believe that there is a military contact that he can use to help them work through the process. Once his wife receives her permanent residency (either on her entry as a CR-I or after filing for and receiving AOS from a K-3), she is allowed to apply for US citizenship 3 years later as long as she and your brother are still married. They do need to start looking at their immigration process now, depending on how soon they wish to be in the US. One more option to investigate - and I don't know if it is possible in Korea - is to look at DCF - Direct Consular Filing. It still involves starting with the I-130 family sponsorship petition. Good luck to them.
There are circumstances regarding expedited citizenship for military spouses and overseas assignments, but the permanent residence has to be established first.
QUOTE(john_and_marlene @ Jun 30 2008, 07:52 AM)
There are circumstances regarding expedited citizenship for military spouses and overseas assignments, but the permanent residence has to be established first.
She will still have to be an LPR for 3 years before she can apply.
QUOTE(Walley @ Jun 30 2008, 05:26 AM)
Hello everyone,
I'm here again soliciting for your helpful advices. My cousin was deployed in Korea in 2007 and got married over there and now have a baby. They have been living in Korea since they got married. He is a USC. They have not started the immigration process yet. Here are the questions: The baby was born in Korea with a USC father so the baby is automatically a USC too? Where and how are they going to start their immigration process? Can his wife file for expedited citizenship?
Please help and thank you all in advance.
Walley
I'm here again soliciting for your helpful advices. My cousin was deployed in Korea in 2007 and got married over there and now have a baby. They have been living in Korea since they got married. He is a USC. They have not started the immigration process yet. Here are the questions: The baby was born in Korea with a USC father so the baby is automatically a USC too? Where and how are they going to start their immigration process? Can his wife file for expedited citizenship?
Please help and thank you all in advance.
Walley
Dear Walley:
The first thing to do is to register the birth of the baby with the US Embassy in Korea.
Secondly, your cousin would need to file for a CR-1 visa (CONDITIONAL RESIDENT VISA) or 129F visa (FIANCE VISA) with the US Embassy in Korea. Both visas are IMMIGRANT visas however, there are slight differences in the process for each.
Key points to consider when filing/sponsoring a foreigner for an immigrant visa:
1) In order to sponsor a foreign citizen to be a greencard holder, the petitioner must show they have residence/domicile in USA.
2) The petitioner must also have a minimum required income to demonstrate financial capacity to support the intended immigrant.
QUOTE(Nutty @ Jul 1 2008, 07:41 PM)
QUOTE(Walley @ Jun 30 2008, 05:26 AM)
Hello everyone,
I'm here again soliciting for your helpful advices. My cousin was deployed in Korea in 2007 and got married over there and now have a baby. They have been living in Korea since they got married. He is a USC. They have not started the immigration process yet. Here are the questions: The baby was born in Korea with a USC father so the baby is automatically a USC too? Where and how are they going to start their immigration process? Can his wife file for expedited citizenship?
Please help and thank you all in advance.
Walley
I'm here again soliciting for your helpful advices. My cousin was deployed in Korea in 2007 and got married over there and now have a baby. They have been living in Korea since they got married. He is a USC. They have not started the immigration process yet. Here are the questions: The baby was born in Korea with a USC father so the baby is automatically a USC too? Where and how are they going to start their immigration process? Can his wife file for expedited citizenship?
Please help and thank you all in advance.
Walley
Dear Walley:
The first thing to do is to register the birth of the baby with the US Embassy in Korea.
Secondly, your cousin would need to file for a CR-1 visa (CONDITIONAL RESIDENT VISA) or 129F visa (FIANCE VISA) with the US Embassy in Korea. Both visas are IMMIGRANT visas however, there are slight differences in the process for each. I suspect the respondent is referring to the I-130 Spousal petition which will lead to a CR-1 and the I-129f Fiancee petition used to obtain a K-3 when filed in conjunction with an I-130 and which isn't a fiancee visa in that case, although the same form is used. It is not an either/or filing though. If the I-130 isn't filed and only the I-129f, then the petition/application will be refused because that is for a fiancee, not a wife. Regardless, the I-129f is not for an immigrant visa - it is considered a non-immigrant petition. If you go the CR-1 route, that is an immigrant visa and your wife would enter the US as a permanent resident and get her green card right away. If you go the K-3 route, your wife would enter the US as a non-immigrant and would have to apply to change her status (AOS) from non-immigrant to immigrant by filing the I-485 Adjustment of Status application from the US. When that is approved, she would get her green card.
Key points to consider when filing/sponsoring a foreigner for an immigrant visa:
1) In order to sponsor a foreign citizen to be a greencard holder, the petitioner must show they have residence/domicile in USA.
This is where checking in with the military advisor for immigration situations can assist.
2) The petitioner must also have a minimum required income to demonstrate financial capacity to support the intended immigrant.
Thank you all for the inputs, they are very helpful. My cousin is now gathering all the needed paperworks to start their I-130. I remember d. mermaid sent me a link about expedited citizenship for USC military spouses living with the petitioner while on tour (in foreign country) but I could not find it. I guess I'll keep looking
You all have a nice day
Walley
I met my husband in Korea as well and I have alot of friends who got married there...
Your brother and his wife have to prepare paperwork and file Direct Consular Filing in US embassy in Korea..
It wont take long,like 5-6 months...
No,she cant file for US citizenship yet...She only can file for citizenship if she already has a GreenCard and her husband is CHANGING DUTY STATION and SHE IS IN HIS ORDER..
Your brother and his wife have to prepare paperwork and file Direct Consular Filing in US embassy in Korea..
It wont take long,like 5-6 months...
No,she cant file for US citizenship yet...She only can file for citizenship if she already has a GreenCard and her husband is CHANGING DUTY STATION and SHE IS IN HIS ORDER..
QUOTE(applewow @ Jul 6 2008, 12:16 AM)
I met my husband in Korea as well and I have alot of friends who got married there...
Your brother and his wife have to prepare paperwork and file Direct Consular Filing in US embassy in Korea..
It wont take long,like 5-6 months...
No,she cant file for US citizenship yet...She only can file for citizenship if she already has a GreenCard and her husband is CHANGING DUTY STATION and SHE IS IN HIS ORDER..
Your brother and his wife have to prepare paperwork and file Direct Consular Filing in US embassy in Korea..
It wont take long,like 5-6 months...
No,she cant file for US citizenship yet...She only can file for citizenship if she already has a GreenCard and her husband is CHANGING DUTY STATION and SHE IS IN HIS ORDER..
Yes, she has to be a greencard holder before she can apply for citizenship but what I understand is that she does not have to wait for 3 years (from issue of her greencard) to file for citizenship. Is this correct?
Walley
QUOTE(Walley @ Jul 5 2008, 11:29 PM)
Yes, she has to be a greencard holder before she can apply for citizenship but what I understand is that she does not have to wait for 3 years (from issue of her greencard) to file for citizenship. Is this correct?
OK...Once she recieved her immigration visa in Korea,she has to come to the states and recieve her GC...
Once she received her GC and her husband in order to change of duty station( not deployed) and if she has that form ,yes,she can file for naturalization no matter teplorarly GC is it or permanent..
Long story short...Yes,she doesnt have to wait 3 years to be aple to file for citizenship only if hyer husband is leaving USA and his wife is following him...
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