Military officer seeking help...

[airforce1 0]

Guys,

Let's just say I am confused and frustrated at myself this point. Active Duty officer (US Citizen) currently at Los Angeles Air Force Base. I proposed to my (now wife) in June 2005 in Korea. She came to visit me in Los Angeles October 2005 on a travel B1 visa. We traveled to Monterey, Carmel for a memorable trip. We visited the UCIS in downtown LA and filled out an I-129F form before she left for Korea. I mailed it and finally got approval in Feb 2006 from NVC and now awaiting the US Embassy in Seoul.

I think we made a few mistakes in the process:

---First, we got married while waiting for the fiance visa. Bad advice from the Osan AFB legal office prompted us to do it. She would be categorized as a military spouse and showing orders with her name on it may also prompt it to speed the process.

---Getting a B1 travel visa BEFORE the I-129. Now she can possibly be turned away when coming to the states. That itself prompted to cancel our wedding reception for my friends and family here in the states slated in June 2006 (the wedding in Korea was for her side of the family).

---In addition the B1/I-129 conflict would prevent her from joining me here in CA in time before deploying out to Germany this coming August (although I have read that some people can pass thorugh customs without any problems)

I spoke to am immigration lawyer, searched this forum (wish I would've found this forum earlier!), spoke to LA AFB legal (no help), and Senator Feinstein's office (my state senator). I have the following options:

1. Wait until I get to germany then have my wife join me later and begin the I-130 process there (start over)

2. Do an expedite I-130 process here in the US and hope that Senator Feinstein may expedite it through UCIS and NCS..but then come to another delay at the embassy and send additional correspondence about my situation deployment) to expedite the process further.

3. Hope/fingercross that our marriage in Korea in feb 2006 did not kill the I-129 visa process, Do like #2 above and expedite the I-129 visa that is in place at the embasssy in Korea through Senator Feinstein's office. Once approved, have my wife come here to get "married" (again). Then do a change of status (?) and try to bring her to germany on my orders.

4. Place pins on UCIS/consulate personnel voodoo dolls to make the process faster.

in regards to #3, I'm just wondering if our marriage that we registered at the US embassy in Seoul kills the fiance visa? Or is it a benign document that does not "see" the I-129 visa?

I know my situation seems to be complicated but it simply is. Anyone with any insight, please post or call me at 714-296-2181 or email me at john.kim@losangeles.af.mil. Thank you in advance!

John

[gwenneh 7]

Since you are married, you are no longer eligible for the K-1 visa in any circumstances. Yes, it will be found out, either at the issuance stage or at AOS. Do not lie-it will only come back to bite you later on in the process, with big and nasty consequences. Yes, you are now required to start again with a spousal visa, as she's no longer your fiancee. How fast that is will probably vary from the average person's case, as there are special rules applying to the military and military spouses that I'm not very familiar with.

And if you figure out how to get #4 to work, my advice is to patent it, market it, sell it to everyone going through this process, and you can retire a wealthy man!

[mullensgirl 0]

My Husband is a US MArine, some legal affices are better than others, i cant believe they gave you that kind of bullshit information. (excuse my language, but they are messing with peoples lives here).

Like Gwen 666 said you have to abandon the K1 becasue you are now married and apply for the I 130, which Chris and I are doing right now. Just be honest with yu application,

Good Luck.

[kaydee457 13]

I think we made a few mistakes in the process:

---First, we got married while waiting for the fiance visa. Bad advice from the Osan AFB legal office prompted us to do it. She would be categorized as a military spouse and showing orders with her name on it may also prompt it to speed the process.

Unfortunately for you this was indeed very bad advice. There are very few things that will expedite the "process" and this isn't one of them.

---Getting a B1 travel visa BEFORE the I-129. Now she can possibly be turned away when coming to the states. That itself prompted to cancel our wedding reception for my friends and family here in the states slated in June 2006 (the wedding in Korea was for her side of the family).

---In addition the B1/I-129 conflict would prevent her from joining me here in CA in time before deploying out to Germany this coming August (although I have read that some people can pass thorugh customs without any problems)

Hmm. Let's clear up some of your misconceptions here. Firstly, getting the B1 before or after isn't a bad thing.

Yes, she could be turned away at the P.O.E. due to a pending K1, K3, or CR-1.

However, if she is truthful with the immigration officer when asked about it and she has evidence of strong financial ties to Korea demonstrating her intent to return home after her visit she shouldn't have any problems.

If she has for example: apartment lease/mortgage, bank accounts, automobile title or equivalent, proof of employment leave (vacation time covering her absence)or any other evidence demonstrating her intent to return to Korea.

What you need to do is to submit an application for either a K3 or CR1 and get the information in the system.

I spoke to am immigration lawyer, searched this forum (wish I would've found this forum earlier!), spoke to LA AFB legal (no help), and Senator Feinstein's office (my state senator). I have the following options:

1. Wait until I get to germany then have my wife join me later and begin the I-130 process there (start over)

Probably a good option.

2. Do an expedite I-130 process here in the US and hope that Senator Feinstein may expedite it through UCIS and NCS..but then come to another delay at the embassy and send additional correspondence about my situation deployment) to expedite the process further.

I know there are military "expedites" but I think for those deploying to combat zones. There's very few circumstances in the immigration process that gives preference to anyone.

3. Hope/fingercross that our marriage in Korea in feb 2006 did not kill the I-129 visa process, Do like #2 above and expedite the I-129 visa that is in place at the embasssy in Korea through Senator Feinstein's office. Once approved, have my wife come here to get "married" (again). Then do a change of status (?) and try to bring her to germany on my orders.

Sorry, this is absolutely not an option. If you did as you said; registered your marriage at the embassy in Seoul then the K1 is dead.

4. Place pins on UCIS/consulate personnel voodoo dolls to make the process faster.

I like Gwen's answer to this one.....

in regards to #3, I'm just wondering if our marriage that we registered at the US embassy in Seoul kills the fiance visa? Or is it a benign document that does not "see" the I-129 visa?

Forget it....You will be found out....

[airforce1 0]

Thank you everyone for their helpful responses. I think I might just wait until i get to Germany and start the I-130 process there since it will be easier for my wife to get a German visa and join me there.

What advantages/disadvantages are there if I start the process in the US vs. Germany? I was thinking I may just get a head start.....but I wasn't too sure if we had to come back to the US to do interviews and such. Is it possible to simply start the I-130 here and continue it at the US Embasssy in Germany? Thanks again everyone....

[Jaylen Brit 1]

I think you have to start the process at the consular post with which you intend to finish it - ie start it in Germany because that is where you will be - Legal Asst Code 16

This may or may not be of use US consul in Germany

[Hilarious Clinton 452]

Get the voo-doo doll out.

[diadromous mermaid 36]

DCF?

[meddykomp 0]

If I were you I would not just abandon the I-129F either. I would call them and let them know that your situation changed and cancel it. You never know when an open petition can cause you a complication in the future. I am not saying it will, but why give it the chance?

[Eveline 9]

It is amazing that some of the legal offices in the military have no clue about the whole immigration issue. My husband (USMC) was told to just "screw the K1" and they told them to marry me in the US with me staying there illegaly for the rest of my life so he can get BAH etc. I don't believe it. What are these people getting paid for?

[bly 0]

Did you file the I-129F as a K1 fiancee visa or a K3 marriage visa? THe I-129F is a dual purpose application and it can be used for married couples.

If you filed as a K1 fiancee visa you need to stop that petition and start a new one.

[Mario 0]

I've known several other servicemembers who have married Koreans. The process is a pretty well oiled machine and typically (in Korea) you can get the marriage visa a lot quicker than a fiance one. As soon as the embassy sees that is is a military spouse it usually "wham,bam, thank you ma'am" and out the door. Usually the stall everyone runs into there is all the paperwork and hoops the local command wants to go through.

Mario

[rushter 0]

Meddykomp is right. You need to contact them and tell them that you need to cancel the K1 because you will be filing a K3 instead. This will at least end the process and not leave it open for conjecture in the future.

Also, you should get to work on your K3 asap considering the time required to do it.

[raphael7546 0]

as there are special rules applying to the military and military spouses that I'm not very familiar with.

Would love to know where ya heard this from Gwen , as the Military DID NOT Help in our process at all .

The K-1 is only for single people marrying and immigrating to the states. You will have to recind the K-1. Maybe you can DCF in Germany?

Goodluck.

[rushter 0]

AF1 this case may be a little more complicated than it seems... or possibly simpler.

You've thrown Germany on the table. What is your timeline for Germany? Are you going to be stationed there for a while or what?

If so, then you need to deal directly with the embassy there. Otherwise, you need to file for a K3 with your home address.

Either way, you MUST formally declare your K1 visa application invalid with USCIS/DOS right away.

Me I'd just pay a grand or two for a good immigration lawyer to take over at this stage. They're worth their weight in gold when they do their job right.

You've already screwed this up royally on your own.

JMHO.