Security Clearance Question

[WHL 0]

I have searched and not found this specific question. Do I have to notify a security manager or my chain of command prior to submitting or requesting a K-1 Visa? Specifically do I need permission to marry a foreign national? I have read what seems like opinions from multiple sources on the internet but have yet to find any sort of guidance on what I am supposed to do (if anything).

[belinda63 2,981]

I believe you need permission to marry anyone if you are in the military. Best place to check would be your first sgt.

[Khal_Drogo 50]

This is where I can help you.

Before you do ANYTHING with a foreign national, you let your security manager know ASAP. Even if it's the simplest of matters, you toss it to them to make sure that nothing happens down the line that could cause any undue grief.

When I was going through the process, I had to file a letter of intent, in unit letterhead, to the security manager to be forwarded up through my chain of command to be approved. This included who she was, her individual immediate family members, and short bios on them (their places of residence, occupations, birthdays, etc.).

Also, be sure to amend your security paperwork (your SF86 or E-QIP) to reflect any foreign contact you have with her, her family, or friends. This includes everyone from her siblings, parents, or friends that you maintain any form of contact with. This includes everything from phone contact to being a friend on Facebook.

I can't tell you how many times I had to amend my SF86 with SF86Cs (I have a stack sitting on the table here) to be considered kosher with the security office. I had to amend it for her, her entire family, and a few friends of hers I was Facebook friends with.

Here's the thing; you are not REQUIRED to do anything. They cannot legally stop you from marrying or associating with anyone you wish. But what they can do is revoke your clearance and render you unable to perform your duties to the point where they can forcibly crosstrain or discharge you for basically not being able to perform your necessary duties. This would also hurt you in the future if you ever applied for a job that required a security clearance. It wouldn't hurt you legally or anything like that, but it's just not something you wanna play fast and loose with it.

As long as your future spouse isn't a criminal, and as long as you are up front and honest about everything with your chain of command, it shouldn't hurt you.

[Khal_Drogo 50]

I believe you need permission to marry anyone if you are in the military. Best place to check would be your first sgt.

Not true (about the first part). The military is like any other job; you are bound by contract, but there are certain things they are not allowed to do, among these is grant/deny permission to marry. As I mentioned, they CAN make it hard for you if they feel who you are marrying will be detrimental to your duty performance, but only in the form of legally defined restrictions, and they must be able to back it up, otherwise they will get torn apart by JAG, I've seen it happen before. Your commander can sit you down and tell you it's a terrible idea until they're blue in the face, but in the end, they cannot give an order to grant or deny you permission to marry.

But as I mentioned, they can take steps to make sure that it's as hard for you as possible. I once worked with a woman who married a Japanese guy without first clearing it through security. They immediately revoked her clearance and put her to work in the post office on base. She spent about a year there and when time came to re-enlist, they told her she'd either have to re-train into a career field without a security clearance requirement (which in this day in age are the most menial jobs in the military) or spend the next four year contract doing unclassified odd-jobs. Naturally she simply chose not to reenlist. Which turned out to be a terrible choice, since she and her husband weren't prepared in the slightest to deal with immigration and ended up divorcing less than two years after marrying.

And back to what I said about backing it up, I have also seen cases where the military can get a bit gung-ho in making sure they make very clear their displeasure over your choice of mate. An Army buddy of mine married a Canadian lady, all without going through his chain. All of a sudden he started getting pulled into his First Sergeant's office every week and getting handed paperwork for all sorts of stupid #######. Everything from failing to place a mop properly to being one minute late to work one time. Finally he had it and went to the JAG. They involved the IG and determined that he was experiencing reprisal for not going through his chain and absolutely obliterated his chain from top to bottom. While that was a good thing, it put a bad taste in his mouth from then on and he separated soon after.

Long story short; don't risk it. You may not have to, but if you care about your job, it takes only one minute to ask if it's cool or not and you're golden.

[Santos19 1]

This is how it is in the Army. AR 380-67, chapter 3, paragraph 30, section i. the DD form that is stated here has not been used since 1995, so you wouldn't have to worry about that. Generally, you will notify your S-2 about the intent to marry and fill out an SF 86-C for yourself and your fiancee', also you need a memorandum for a commander's interview and it will be sent up to check the specifics on your clearance.... that is you have SCI access. However, if you do not have that access, you just need a memorandum stating you understand your job to report anything suspicious and your intent to marry. However, usually if you are not up for your renewal on your clearance, they will not really even care about it as long as the country is not a watched country. Also, this is what i got from my old squad leader who now manages clearances:

"When I did it I just got a memo signed by the SCO. Basically stating that you understand the responsibilities of getting married its potential but unlikely affect on your clearance and that he grants permission to get married. This will show that the army was tracking what was going on. But realistically as a person that manages clearances I'll tell you as long as she's not in or related to a criminal organization or a terrorist it wont have any affect on your clearance. And to be quite Frank unless it's time for your Periodic reveiw it's none of army ccf's buisness and any prior notification is just a courtesy. Though required by regulation they don't. Care and will probably lose the paperwork. Just be thorough on your eqip. Average turn around time on a TS sci is about 3-6 months but can take as long as 8. If you need your clearance and it expires your security manager can grant an interim with accf's permission as long as your paperwork is in. If you only require a secret your security manager can grant it. Officially though there are no rules against marrying a foreign national and having a clearance in fact the only reason they could suspend it due to your marriage is if they had some reason to suspect wrong doing. So get married and deal with the eqip as required."

- So, just make they know about it and you should be in the clear. If they try and make it difficult for you, just use the proper channels to fight it.

[WHL 0]

Just to point out a few things; I am in the Navy, so a couple of those acronyms from Santos19 flew over my head but I think I understand the gist. I also understand the reasoning for updating my SF86. I appreciate the advice Drogo. My contract is up next year and I didn't know if now or after I'm employed again would be the best time to submit the K-1. I honestly hate going through my chain of command for next almost anything because I treasure privacy above most things, and I don't enjoy being asked questions about my personal life from my XO, CO, and senior enlisted.

Unfortunately I am away from parent command (on an IA deployment) and my security manager is located in the U.S. I'm sure there's a security manager here that could handle the issue but I feel more comfortable with the one I've already submitted foreign leave travel through.

Edit:

-Also I only have a Secret clearance, not Top Secret.

-Another issue is I was still married and not legally separated or divorced (due to reasons not in my control) prior to starting a relationship with my fiancé. Would this possibly be an issue to indicate when a relationship or communication began on the SF86?

Edited September 15, 2013 by WHL

[Santos19 1]

It should not be an issue, if I were you, I would start an email correspondence with your security manager. Also, does your clearance expire next year? Will you renew it before you get out? And, do you intend to use it once out of the Navy? If not, then there is not much you have to worry about with starting the process now. If you do intend to use it once you are out, then they may look into the investigation a little more, however, if your other half is not from a country on the watch list for DoD, then you should be good. If they have no reason to suspect wrong doing, then you are good and I don't see there being any with what you have said about the previous marriage as long as you can explain it to them. That is something that should be brought up to your security manager or at your commander interview. I understand the privacy thing as well, especially from XO, CO, and senior enlisted, but I would also do anything to get my other half here and get married. Better to talk to your security manager now so that you do not have to delay the process.

[Khal_Drogo 50]

A Secret clearance will generally be good for ten years, five for TS (I get where you're coming from, I gotta do mine every five and it's annoying as Hell), and it's valid until the ten year mark. Your clearance doesn't goes away when your contract ends, just your need-to-know. You're gonna be able to be more flexible with a Secret clearance, but you still need to make sure your CoC is in the loop. I understand the privacy thing (I'm a libertarian so you don't need to tell me twice lol), but there's certain things you just gotta bite the bullet on in the military, and this is one of them. Now, you don't need to go into as much detail with them as you do with USCIS (you don't need to prove much to them), but you will need to make sure they know who they're dealing with so they can make the proper determination. You have two options, really:

1. Marry a foreign national without any notification and lose your clearance guaranteed.

2. Marry a foreign national, notify your CoC before you do, and have a 99% chance of no problems.

[WHL 0]

I understand and thanks again for the information. I appreciate it greatly.

Edited September 17, 2013 by WHL