Jump to content
jordynalex

Will Military Service in Turkey Preclude K-1? [edited title]

7 posts in this topic

Recommended Posts

Hi everyone. My boyfriend and I want to marry in the U.S next year once I turn 18. He is a Turkish citizen and I am a U.S citizen. He is 19 right now. Since he is going to a university at the moment, he doesn't have to go to the military yet. But once he finishes school he is supposed to go to the military. He planned on dropping out of the university next year and filing for a K-1 visa. Would they not allow him to get a fiance visa because he hasn't gone to the military yet?


02/24/16 -- I-129F sent to Lewisville, TX

02/26/16 -- Arrived at Lewisville, TX

03/02/16 -- NOA1 Email and Text. Sent to CSC

06/01/16 -- I-129F RFE

06/13/16 -- RFE Reply

06/20/16 -- I-129F NOA2

07/15/16 -- NVC Received

07/19/16 -- Case number assigned

07/20/16 -- NVC Left

Share this post


Link to post
Share on other sites

You will have to file an I-129F petition for him first and have that approved before he could apply for a K-1 visa. He should probably finish school and then serve out his mandatory military service first. Isn't it a shorter time to serve if he graduates university? Anyway, the US won't care and could approve the K-1 visa, but that doesn't take away his obligation as a Turkish citizen to serve in the military there.

I suggest you add Turkey to your profile here so that everyone with Turkey chosen as their country will be able to see your post in the portal here for Turkey. Will ask a mod to change your title too, and see if you can get some specific answers.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

Share this post


Link to post
Share on other sites

Thread title edited. If responses are few, we can later move this thread to the appropriate regional forum.

VJ Moderation


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Share this post


Link to post
Share on other sites

You will have to file an I-129F petition for him first and have that approved before he could apply for a K-1 visa. He should probably finish school and then serve out his mandatory military service first. Isn't it a shorter time to serve if he graduates university? Anyway, the US won't care and could approve the K-1 visa, but that doesn't take away his obligation as a Turkish citizen to serve in the military there.

I suggest you add Turkey to your profile here so that everyone with Turkey chosen as their country will be able to see your post in the portal here for Turkey. Will ask a mod to change your title too, and see if you can get some specific answers.

What is the I-129F petition for? And if after we married, he was able to become a U.S citizen, would they still be able to make him go to the military?


02/24/16 -- I-129F sent to Lewisville, TX

02/26/16 -- Arrived at Lewisville, TX

03/02/16 -- NOA1 Email and Text. Sent to CSC

06/01/16 -- I-129F RFE

06/13/16 -- RFE Reply

06/20/16 -- I-129F NOA2

07/15/16 -- NVC Received

07/19/16 -- Case number assigned

07/20/16 -- NVC Left

Share this post


Link to post
Share on other sites

What is the I-129F petition for? And if after we married, he was able to become a U.S citizen, would they still be able to make him go to the military?

The I-129F petition is the form that must be filed to start the K1 process. Who is the "they" you are referring to, the US or Turkey??


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites

What is the I-129F petition for? And if after we married, he was able to become a U.S citizen, would they still be able to make him go to the military?

The I-129f petition is for a K-1 visa.

It will be quite awhile before he can become a US citizen after you two marry. As having to serve in the Turkish military, I recommend he (or you) researches the requirements and draft laws of Turkey. I know for South Korean male citizens, if they're not living in South Korea and do not fufill their military service, it will be a problem when they try to re-enter Korea. That inspires some to give up their Korean citizenship. But that's South Korea and their laws. A quick google search of "Turkey conscription" indicates Turks living abroad can pay a fee to get out of service. My source is wikipedia though, so I wouldn't count on the accuracy of that.

Point being your question is more of a Turkish legal question than a K-1 visa question (although given his age, the military service requirement might pop up as a question in his visa interview).

Edited by usmsbow

Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

Share this post


Link to post
Share on other sites

What is the I-129F petition for? And if after we married, he was able to become a U.S citizen, would they still be able to make him go to the military?

You must submit the I-129F petition as the US citizen. Once it is approved, then your foreign fiance(e) will be allowed to apply for a K-1 visa at the US consulate in their country. He will not become a USC just by getting married to you. You need to research the immigration processes. You can start here with the K-1 > http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

After the K-1 process, there will be adjustment of status, then removal of conditions, and then if you remain married for 3 years after he becomes a permanent resident, he can apply for US citizenship.

He will still need his passport from Turkey to travel during all that time. You will need to research about whether or not he can renew his passport and travel back to his country without serving his military duty. Have him check into the laws of his own country to see what needs to be done on his end.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×