Expediting I-130 for Military Spouse

[JP and Tee 13]

I read this on the USCIS FAQ page. Can anyone care to explain what it means and whether we can go this route?

Q. How can I expedite my Petition for Alien Relative (Form I-130) to bring my spouse to the United States? Is there any way she/he can enter the United States while the petition is being processed?

A. Citizens of the United States, who are serving in the military and have a pending Petition for Alien Relative (Form I-130) on behalf of their spouse, may e-mail or telephone the USCIS military assistance team and ask for expedited processing of that petition. During that time, your spouse may enter the United States on a K-3 nonimmigrant visa. To get a K-3 visa, you must file a Petition for Alien Fiancé(é) (Form I-129F) on behalf of your spouse. An approved Form I-129F will allow your spouse to enter the United States. If USCIS approves the I-130 petition while your spouse is in the United States on a K-3 visa, she/he can file an Application to Register Permanent Residence or Adjust Status (Form I-485) to become a legal permanent resident.

FYI, I have a tourist visa and have been visiting the US since 2008. We are planning to apply for a spouse visa some time after mid of this year. We are hoping that the application can be expedited because my boyfriend is active duty military, but we are not sure if it can be done. There is a chance he might be posted abroad after July so we are a little worried about that too.

I read the FAQ above and my understanding was: we apply for I-130, then apply for K3 so I can fly in earlier than waiting at home for the interview etc.then have our interview in the US. Is this correct? Can we still do this since from what I read on VJ, the K3 is no longer an option.

If we file while I'm in my home country, can we ask for the interview to be done in the US (if i am in the us visiting)?

I plan to come home to him for Christmas and going back to my home country at the end of January. Do you think if I visit on my tourist visa after we are married, I will have any problems entering the US?

Thank you for your input!

Edited February 8, 2012 by JP and Tee

[Oksana & Max 94]

First of all is he your husband or boyfriend?

The military personel on duty can ask for the expedite. Your husband will have to go thru military and obtain his orders.

K-3 Visa is really not an option anymore, as most likely even if you will file it, you will still go the CR-1 route.

You can visit US on your valid tourist visa, however don't overstay your stay, and leave on time. You will also need to convince the CBP officer that you are planning on returning to your country. Make sure to bring strong ties back home.

The interview will always take place in your country, you can't interview in the US.

[JP and Tee 13]

Well, old habits die hard! I keep calling him my boyfriend though he is now my fiance. we are getting married in a few months so he'll be doing the filing then.

If he's not on deployment, can he still requests for it to be expedited? He's active duty but located in the US.

Thanks for your reply!

[Penguin_ie 5,985]

Usually, military expedite is only if the military petitioner is about to be sent away on active duty.

[Army wife 9]

Well, old habits die hard! I keep calling him my boyfriend though he is now my fiance. we are getting married in a few months so he'll be doing the filing then.

If he's not on deployment, can he still requests for it to be expedited? He's active duty but located in the US.

Thanks for your reply!

Hi there,

Your case sounds a bit like mine!

I have been visiting the USA since 2008 and I got married last year. We then filed the I-130 (CR1) followed by the I-129F (K-3) about 1 month later. It used to make a difference, filing the I-129F when it was processed quicker than the I-130. Now it seems that it is processed at the same rate!

In the end, you will eventually be waiting on the I-130 in any case.

Concerning the active duty part, we military families get no special treatment, unless he was to PCS (official orders overseas to be stationed to another location) and you were his spouse.

This is a LONG process. The only other option is to file for a fiance visa in the US, during which time you will not be able to work, you will have no Social security number and you will not be able to travel outside the US.

It is a difficult decision to make. I hope you get through

Army wife

[SSGMullie 4]

I recently went through an expedite and can share my experience with your fiance.

Feel free to have him shoot me a message.

[Leatherneck 693]

Well, old habits die hard! I keep calling him my boyfriend though he is now my fiance. we are getting married in a few months so he'll be doing the filing then.

If he's not on deployment, can he still requests for it to be expedited? He's active duty but located in the US.

Thanks for your reply!

Maybe this will answer your question(s). Here is the link

General Information

Q. I am scheduled to deploy in the near future. How do I notify USCIS?

A. If you are submitting an application or petition to USCIS, and are scheduled to deploy in the near future, write in bold letters, "I have an upcoming deployment" on the first page of the application/petition, or on a cover sheet attached to your application. If you have already submitted your application and need to notify USCIS of an upcoming deployment, contact the USCIS Military Help Line at 1-877-CIS-4MIL (1-877-247-4645) as soon as possible.

Q. What are the criteria to have an application or petition expedited for military personnel?

A. USCIS reviews all expedite requests on a case-by-case basis. Some examples of situations that may qualify for expedited processing include pending military deployments or emergency or humanitarian situations. Please contact your local USCIS office or the USCIS Military Help Line at 1-877 CIS-4MIL (1‑877-247-4645) for more information.

If you're not married and he does not have pending official orders or have the actual orders in hand to deploy overseas, an expedite might be a long shot.

Edited February 8, 2012 by Leatherneck

[JP and Tee 13]

Thank you for your replies!

We are engaged and will be married in a few months. We plan on starting our filing as soon as he gets back to the US, which will be in August.

Amy Wife: Was your husband on deployment when you applied for yours? PCS counts as reason to be expedited?

SSGMullie: I'll let him know about your kind offer really appreciate it!

Leatherneck: Yeah, I read that before I started the thread but the other link got me confused because it mentioned the K3, which a lot of VJ members are saying is as effectively as dead. Will the army be able to help pertaining to advice on how we should proceed?

So worst come to worst, he comes here, we get married, he goes back, file for I-130, I wait then go through interview etc, get visa, fly to POE, be reunited? How long is it going to take? I understand it can be a few months, but is there a certain time limit/estimation of time?

Another question: do you think it'll be a good idea to get my police check/certificate of good conduct now? I lived abroad for a couple of years which I understand means I'd need to get a police check cert and I read that they can take a while.

Thanks so much, really appreciate your input

[Army wife 9]

Thank you for your replies!

We are engaged and will be married in a few months. We plan on starting our filing as soon as he gets back to the US, which will be in August.

Amy Wife: Was your husband on deployment when you applied for yours? PCS counts as reason to be expedited?

SSGMullie: I'll let him know about your kind offer really appreciate it!

Leatherneck: Yeah, I read that before I started the thread but the other link got me confused because it mentioned the K3, which a lot of VJ members are saying is as effectively as dead. Will the army be able to help pertaining to advice on how we should proceed?

So worst come to worst, he comes here, we get married, he goes back, file for I-130, I wait then go through interview etc, get visa, fly to POE, be reunited? How long is it going to take? I understand it can be a few months, but is there a certain time limit/estimation of time?

Another question: do you think it'll be a good idea to get my police check/certificate of good conduct now? I lived abroad for a couple of years which I understand means I'd need to get a police check cert and I read that they can take a while.

Thanks so much, really appreciate your input

Not a problem! Congrats on your current engagement!

To your question; no. My husband was not on deployment, nor was he about to PCS. Thus the reason why, I like most others, am still waiting for a simple approval of the I-130 (and or I-129 should it be approved before).

The process takes anywhere from 8-10 months as advised by the JAG lawyers on post where he is stationed. I have already reached my 5 month mark, and have another 2 months to go, according the the USCIS. At this point, people are getting approved after 6.5 to 7 months (at the California office) and that is just the 1st step!

If you get lucky enough to get your documents sent to the Vermont office, they process the documents in under 3 months I think. However, no one has control over where there documents are sent to be processed.

As per the police certificate; I got mine already from abroad as I lived outside of my country for a while (This took under 2 weeks as it was processed the same day in France). However, I don't think it is a good idea to get the one from your country too soon, as it may not be valid at the time of the interview.

I hope all this helps.

AW

[Leatherneck 693]

Thank you for your replies!

We are engaged and will be married in a few months. We plan on starting our filing as soon as he gets back to the US, which will be in August.

Amy Wife: Was your husband on deployment when you applied for yours? PCS counts as reason to be expedited?

SSGMullie: I'll let him know about your kind offer really appreciate it!

Leatherneck: Yeah, I read that before I started the thread but the other link got me confused because it mentioned the K3, which a lot of VJ members are saying is as effectively as dead. Will the army be able to help pertaining to advice on how we should proceed?

Yes the K3 is basically dead, for lack of a better term. No one is being issued a K-3 visa.

How you should proceed is pretty straightforward, you have a choice of going the K-1, IR-1/CR-1 route or traveling here and getting married then submitting the I-130 and I-485. However, I would never suggest you commit visa fraud by traveling here with the intent to immigrate. But sure he can talk to the JAG lawyers, but those are your options as outlined.

So worst come to worst, he comes here, we get married, he goes back, file for I-130, I wait then go through interview etc, get visa, fly to POE, be reunited? How long is it going to take? I understand it can be a few months, but is there a certain time limit/estimation of time?

That is exactly what will happen. Army wife summed up the wait for the I-130 to be processed.

Another question: do you think it'll be a good idea to get my police check/certificate of good conduct now? I lived abroad for a couple of years which I understand means I'd need to get a police check cert and I read that they can take a while.

Again, see the comments from Army wife. I agree with her.

Thanks so much, really appreciate your input

[Army wife 9]

Please forgive me if me suggesting you stay in the US was me suggesting visa fraud! I am COMPLETELY against that!!! (Thus the reason that I am in my home country at the moment!). I was going on the advice that I was given - on filing while in the US.

[Leatherneck 693]

Please forgive me if me suggesting you stay in the US was me suggesting visa fraud! I am COMPLETELY against that!!! (Thus the reason that I am in my home country at the moment!). I was going on the advice that I was given - on filing while in the US.

Oh no, you never suggested that, I happened to mention to the OP that was one of the options for her, Then I added the stated that I would not recommend that.

So it was not you, it was me.

[JP and Tee 13]

Thanks for your input! I understand that each case is different so it's always a little confusing (and scary!) to decide which would be the best for us.

We are having the wedding some time in Aug, so by the time he gets back to the US i'd be his wife

So can we still file for K1 and come here on that visa, or is that considered as fraud as well?

We are perfectly fine with waiting (we've been LDR since 2007), since I do have a good job and it'd be nice to have more time with family, since after we are married i'd be moving 12000 miles I understand that there are people who adjusted while on tourist visa, but we don't want to do that since we are worried about future repercussions. Plus my fiance, being in the military, is a stickler for such things - he likes to go by the book so that's definitely not a route we'd be taking.

I lived in Australia for a couple of years, and the cert is valid for up to a year from the date it is produced. I no longer live there and going there just to get the cert is not a financially sound idea. So most probably I'd have to apply through mail, which will take time for the cert to be processed etc.

The one from my country takes a couple of weeks so I'll do that closer to the date we are filing since it's easier for me to get it.

So if we file in Aug, chances are i'd get interviewed some time in march - July 2013? Will that be a good guess?

Will I have any problem going into the US to visit while waiting for the I 130 to be processed? Do we have a choice as to where our packet will be sent, since Army Wife said they have different processing times?

Thanks so much for sharing, really appreciate it!

[Army wife 9]

Oh no, you never suggested that, I happened to mention to the OP that was one of the options for her, Then I added the stated that I would not recommend that.

So it was not you, it was me.

thanks

[Leatherneck 693]

thanks

Welcome!