Timing issue

[cassecouilles 3]

Hi guys,

As my fiance and I were talking about the petition yesterday we realized we might have one really BIG problem.

The plan is to file for the K1 now, so that by the time he leaves his post abroad (he's a marine) in May and starts his last 11 months in the fleet I can tag along. However, he won't know until a few months from now which camp he'll get. He could get Hawaii, California or North Carolina. None of those would be an issue. But what if he gets stationed in Japan? I mean he would still take leave and we would both spend about a month in Michigan, get married, start the paperwork. But if he has to go to Japan and my adjustment of status hasn't happened yet, can I go with him or do I have to stay in the US by myself? Would the base in Japan be considered US territory? Argh, it's so confusing :-p

Any thoughts??

[JohnR! 5,495]

Hi guys,

As my fiance and I were talking about the petition yesterday we realized we might have one really BIG problem.

The plan is to file for the K1 now, so that by the time he leaves his post abroad (he's a marine) in May and starts his last 11 months in the fleet I can tag along. However, he won't know until a few months from now which camp he'll get. He could get Hawaii, California or North Carolina. None of those would be an issue. But what if he gets stationed in Japan? I mean he would still take leave and we would both spend about a month in Michigan, get married, start the paperwork. But if he has to go to Japan and my adjustment of status hasn't happened yet, can I go with him or do I have to stay in the US by myself? Would the base in Japan be considered US territory? Argh, it's so confusing :-p

Any thoughts??

If you are coming in on a K-1, you guys get married as soon as you arrive and file for your AOS immediately thereafter, including AP - advance parole, which would allow you to leave the US while waiting for your greencard.

Regardless of sovereignty, if you leave the 50 States without your parole or green card you will not be able to get back in.

If you know in advance that your fiance will be based outside the 50 States, another option would be for you guys to get married in the US and instead of doing AOS, you can accompany your husband to another country and start the CR/IR process there, so you will enter the US with your permanent resident visa/greencard on hand, as a LPR, on arrival and endorsement of your visa.

Here is a document from the USCIS that applies in your case: http://www.uscis.gov/files/article/faqmilitaryandfamiliesupdate.pdf

Good luck!