I-130 and PCS - please help!

[ecg19 7]

Hi everyone,

My partner and I have been lurking the forums for a couple of months now.

I am a New Zealand citizen, however I live in Australia. I've been entering the USA on the visa waiver programme, which seems to differ from a lot of the other situations on here.

My partner and I have received news that he will be receiving orders overseas.

We are concerned that this could slow down the I-130 process, which we have not yet begun but will be doing so this month. Can anyone please advise us as to how to hurry this process up? Ideally I would want to move to the USA prior to my partner heading overseas (March). He will be in a training school in a different state so will be giving up his lease, and of course we are extremely nervous as to whether we can get this all done in time for me to be able to get on the same plane as him. If I can't get on the same plane, then I will have to hang out in the USA to receive my green card once I have been approved for entry, and then pay to fly out to him in Europe.

We want to do the right thing, we have been desperately getting all of the information together so that we don't waste time. My partner called USCIS to ask them what the best way to go about it was but apparently they were quite useless! He also tried called his base's immigration division who said that USCIS would get 'confused' if we apply for the I-130 and then he moves to a different state for his training, and then onto Germany. They advised that we wait to file the I-130 until he is in Germany, but obviously we are not keen on waiting all that time - I want to be with him now! I know this isn't realistic but I'm just hoping someone might have some advice for us. We are going to make an appointment when I visit him this month with the lawyers on base, so we are trying to make sure we are doing the right thing. First hand experience often counts for more, and to be honest I'm reading so much information and sometimes it is conflicting.

Appreciate ANY advice! We are aware of the expedite process but people seem to be saying that is only for citizenship, not PR, and neither USCIS or the military advised my partner of this!

[milimelo 4,501]

Moving to military-immigration related discussion.

When he has orders, you'll want to call up the military hotline and get it expedited - probably will have to email or fax those in.

[Scott and Mhay 57]

If you are going to be living in Germany with him, you don't need to have a green card. He can apply for the visa in germany for you to stay there and before you guys get stationed back in the US you can most likely DCF in germany and it will be a lot quicker.

One other thing, if you guys file the petition now, you can get it expedited when he gets his orders to germany and then you should be able to be on the same plane going over. Or, your husband can get his Commander to write a letter stating that your husband needs to focus on his training and it would be easier on him if you were with him.

If you guys file now, all he has to do is call the military helpline and change his address with them. It's a pretty easy process.

[ecg19 7]

If you are going to be living in Germany with him, you don't need to have a green card. He can apply for the visa in germany for you to stay there and before you guys get stationed back in the US you can most likely DCF in germany and it will be a lot quicker.

One other thing, if you guys file the petition now, you can get it expedited when he gets his orders to germany and then you should be able to be on the same plane going over. Or, your husband can get his Commander to write a letter stating that your husband needs to focus on his training and it would be easier on him if you were with him.

If you guys file now, all he has to do is call the military helpline and change his address with them. It's a pretty easy process.

Hi thanks for the reply!

I'm just wondering though, since I am living in Australia, how would it actually work if he filed from Germany?

I note that Germany allows people from my country to stay there for 30 days out of 180- if he applies for the I-130 when I go and visit him, will it be expedited soon enough for me to stay there with him? I don't want to have to come back from Germany since we would already have been married for awhile since that stage.

Thanks for the information about expediting- I am trying to tell him that he will be eligible for that but the military keep saying that with his address changes with his extra training required that it will complicate the process...

So draining! I have law and accounting degrees and am struggling with this process!

[Scott and Mhay 57]

You guys are married, he can apply for a visa or SOFA visa to get you there to germany. I read where someone else here did the SOFA visa to germany and then filed for the I-130 while in germany DCF...The military helps with the SOFA visa. Then you guys will be together there in germany while you apply for the IR-1 visa and then go visit the US so you can get your green card.

As far as expediting, you guys can get it done. Another option for the address issue is just have everything sent to his parents or someone that will not move during the process. As far as the military knowing how the whole immigration process goes, I can tell you from talking to legal at my base, they had no clue about it.

[ecg19 7]

Yeah I'm visiting my husband and we went to the military lawyers and they said we knew more than they did (helps that I have a law background - but not in US immigration!) so they were really useless to be honest.

We decided to apply for an I-130 now, and to have an attachment to a cover letter with a memorandum with a print off saying he has received notification of a PCS to Germany, and also an attachment with my military ID - amongst all the other things. I've been enrolled in DEERs so when the orders come, I will be on them.

I do need to be worried about the military health clearance though - do you think we are going about this in the best way possible? If it's not through in time, do you think I can visit him in the USA while the I-130 is processing for the military health clearance and then go on to Germany myself? I'm worried about not being able to get back into the country for my medical!

Thank you!

[Scott and Mhay 57]

The military medical clearance is really nothing to be worried about. It is a formality for you to get command sponsored. If you pass the medical before coming to the US, there will be no issues. The only thing they look for medical clearance for overseas is to make sure the medical facilities can provide care for you. As long as you don't have any need to be close to a specialty hospital, you will get approved to be with him in germany.

Do you already have a dependent ID card? If so, you can get the medical clearance in the US at the base. You wont be put on his orders as joining him until you actually get the medical clearance done on base. You can get the case expedited once he has his orders.

Personally what I would do is if he is going to be stationed in Germany soon, just wait to do the Spouse visa. You dont need it to go to germany. You can apply from Germany before you go to the US. This would work as long as you guys wouldn't be visiting the US within the first year or 2 overseas. I have friends here in italy that their wives (filipino) have never been to the US, but are here with their husbands. They are applying for visas before being stationed back in the US. I remember there was another member on here that just did the SOFA visa for Germany and then DCF for the spouse visa after being in Germany for awhile.

In the end, it all depends on your guy's plans. If he isnt getting stationed overseas for another year, I say put in the I-130 now, get approved and then travel to germany together and let the military pay for it. If you apply from overseas while your husband is still in the military, you guys will get reimbursed for the filing fees. One of my troops just went through this for his wife and they are now in Florida.

[ecg19 7]

Thanks for the advice Scott.

My husband feels helpless, so he decided he wanted to file the I-130 so he feels like he's doing something to get me there while we're apart.

He has a RNTD of 30 April but a PDD of mid March. Either way I'll join him in Germany, but hoping I can visit him when I sit some exams for a couple of months in the USA in the mean time.

[Scott and Mhay 57]

as soon as he gets his hard copy orders, have him call the military helpline to expedite your petition. It will be done fast if you can expedite it and possibly be able to join him when he flys to germany. Our case got approved with visa in hand within 5 months. It could have been a month or more sooner if we didnt get an RFE. Just make sure you have all your paperwork ready once you request the expedite. Once you get the NOA2, then he will have to call the NVC and expedite it again.

I say it is doable to have the visa before he reports to germany. Even if you just fly to the US to use your visa and fly to germany with him that would be good. You guys can always have the green card sent to someone in his family and have them hold onto it or send it to you guys in germany. Let me know if you need any help in expediting. Good luck!

[ecg19 7]

Out of interest, what did you get the RFE for?

Our plan is to not have too much time apart now we're married. We're hoping to have me visit for a little under 3 months under the VWP, me fly back to NZ for the interview and medical and that means that during the 3 months I can help him with his out processing and get my military medical done to get on his orders also. I was there to help put together the I-130 and was thorough with the included documentation, including my military ID and a joint bank account print off etc.

Thanks!

[Scott and Mhay 57]

The RFE was for my divorce decree...I made a copy of it, but didnt copy the stamp on the back side from the court. It was a stupid mistake.

If you are going on his orders, the military will probably apply for the SOFA visa for you too. He might not be able to PCS until you have your visa, so you guys will most likely be flying together anyway. I know when we PCS'd to Italy, I couldnt outprocess my last base until my dependents had their passports and visas. I dont see where Germany would be any different.

[ecg19 7]

Just also another question about your situation - are you taking advantage of the expedited citizenship process for an AD military spouse while on overseas orders?

I read an army website today that said if you were overseas PCSing and your spouse was a LPR, that even if they were a conditional permanent resident that the length of time was waived and citizenship could be applied for.

Do you know anything about this? Are you taking advantage of it while at Aviano?

[Scott and Mhay 57]

We couldnt take advantage of that before we left the states. It took too long to get my orders. With the expedited citizenship since my wife hadnt been a LPR for 3 years she would have had to do it all in the states. I did the research on it and talked to the guy here at the passport office and he said that we could apply for the expedited citizenship, but my wife would have had to make a trip to the US to complete the process.

We will probably take advantage of the overseas naturalization once my wife has been a LPR for 3 years. I have another 3 years here at Aviano so we will have plenty of time to do it. Hopefully my wife's removal of conditions gets approved here soon. It has been over 6 months and we havent heard anything back on her case. I called the military helpline to find out about our case and they said the Case number that you get with the extension letter doesnt tie to anything in their system that we had to wait for the biometrics letter to get the correct case number....well, being overseas we wont have a biometrics appointment....so we are just in limbo for now. I will probably talk to the passport office again and see if they can ping the consulate here to see if they heard or can find out anything.

[ecg19 7]

Aha I see - so is the rule that you need to be able to be present in the states at the end of the citizenship process or something like that?

Is there a way around it by simply returning to the USA for the citizenship ceremony? Would seem too simple to make use of the Space A back to Baltimore from Ramstein though, seems a bit funny that it would be that easy!

I don't really understand the rules really! Seems a funny little loop hole but one we would like to take advantage of if we can to give me more job options since I have a couple of degrees and have been used to working as an accountant, think I'd get really bored at home.

[Scott and Mhay 57]

Yeah she would have to be present in the US to do it before her 3 years as a permenant resident. That flight from baltimore to ramstein was all the way full when I flew it on the way over to europe. I wouldnt want to have my wife sit in baltimore waiting on a flight. She wouldnt be as high on the priority list to get on the flight as I would be on leave.

My wife will most likely apply for naturalization within the next 2 years and she will be able to do everything while stationed here in Italy. I figure might as get a little use out of the new green card when it finally issues.