Moving to a US military base overseas after marriage - is it OK?

[rok1213 1]

Hi all, if anyone could help from experience or share any advice, it would be greatly appreciated!

Situation:

My fiance is contracted to the military and might take on a position in Japan (US military base). Will this job location mess up our I-129f application? Does anyone know if I will be able to get married in the US (as per the K1 visa) and then leave to go to Japan (US base) after that? Or is it best to withdraw the application for a K1 and apply for a spousal visa?

[Cori and Rob 55]

The problem is going to be after you're approved and you marry. The beneficiary will need to remain in the US until AP or AOS is granted. If you leave the US to go to Japan before AP or AOS is approved, you won't be able to re-enter the US without a spousal visa. Do you know how long your fiance will be in Japan?

[rok1213 1]

The problem is going to be after you're approved and you marry. The beneficiary will need to remain in the US until AP or AOS is granted. If you leave the US to go to Japan before AP or AOS is approved, you won't be able to re-enter the US without a spousal visa. Do you know how long your fiance will be in Japan?

Not sure how long he will be in Japan - just depends on the contract (i'm thinking about a year at this stage).

A friend of mine in the military said that US military bases overseas are still considered the US, and therefore it might not be a problem (getting married in the US and then moving to a US base)...but I just wanted to check if anyone had been through a similar situation..?

[Cori and Rob 55]

That is an excellent point. Admittedly, I'm not that well versed in how the military plays into immigration and US soil vs. foreign soil, but I'm sure someone else here can weigh in.

[rok1213 1]

That is an excellent point. Admittedly, I'm not that well versed in how the military plays into immigration and US soil vs. foreign soil, but I'm sure someone else here can weigh in.

Thanks anyways

[TBoneTX 45,469]

*** Thread moved from K-1 Process forum to the Military Discussion forum, for further insights. ***

(Moderator hat off)

My understanding is that U.S. military bases overseas are considered to be U.S. soil.

[li_09 40]

I'm not too sure on the answer to this but I just wanted to say hey I'm from New Zealand too and married to a military man

My suggestion is that you go ahead with the I-129 because spouse visa takes almost a year. I noticed you said he "might" go to Japan. Once he's sure that he is going you can use his orders to expedite your I-129, get to the U.S get married then expedite your AOS so that you can leave with him to Japan. (Someone correct me if I'm wrong)

[jan22 3,056]

Not quite accurate that military bases are US soil -- but when it involves a military member, the time outside the U.S. on orders does not count against the LPR family member (i.e., you can be outside the US for more than a year without losing your residency). However, you said your fiancé was a military contractor -- I assume this means he is not a member of the uniformed armed forces. If so, that's a different situation -- he likely won't be going on military orders (even if working on the base) -- it's his choice to go, not a military assignment. You will want/need to get a re-entry permit (not just an Advance Parole) if you think you will be outside the US for more than a year -- especially since it will be your first year.

[rok1213 1]

Not quite accurate that military bases are US soil -- but when it involves a military member, the time outside the U.S. on orders does not count against the LPR family member (i.e., you can be outside the US for more than a year without losing your residency). However, you said your fiancé was a military contractor -- I assume this means he is not a member of the uniformed armed forces. If so, that's a different situation -- he likely won't be going on military orders (even if working on the base) -- it's his choice to go, not a military assignment. You will want/need to get a re-entry permit (not just an Advance Parole) if you think you will be outside the US for more than a year -- especially since it will be your first year.

Ok, that makes sense. Thanks! I will look into that further. Is there somewhere where all this info can be found or have you gone through this yourself?

I'm not too sure on the answer to this but I just wanted to say hey I'm from New Zealand too and married to a military man

My suggestion is that you go ahead with the I-129 because spouse visa takes almost a year. I noticed you said he "might" go to Japan. Once he's sure that he is going you can use his orders to expedite your I-129, get to the U.S get married then expedite your AOS so that you can leave with him to Japan. (Someone correct me if I'm wrong)

Hey there!! Looking at your timeline thing..we met in Korea too

But yup, I guess I-129f is the faster option...but yeah, with the work thing..tryna figure out what the options are...since he's not actually military but just a contractor.

Thanks for that though!

[given.perez 0]

I just came from USCIS this morning. For this scenario, they told me that I could apply for AOS and to have it expedited with my orders. If I think it is too hassle and we really have to leave U.S. before waiting for AOS package to come back then I can file I-130 which I am not too familiar with. Can someone explain I-130 and what it really does.

[tool 3]

Does anyone know if USCIS considers APO addresses as "mailable"? They don't do mail forwarding and certainly not to foreign addresses but do they forward to APOs?

given.peres, are you sure you don't mean I-131? that is the advance parole document that will allow your wife to travel abroad while her I-485 petition is pending. We've been trying to get mine expedited due to deployment for a month now and are getting nowhere.

[li_09 40]

Does anyone know if USCIS considers APO addresses as "mailable"? They don't do mail forwarding and certainly not to foreign addresses but do they forward to APOs?

given.peres, are you sure you don't mean I-131? that is the advance parole document that will allow your wife to travel abroad while her I-485 petition is pending. We've been trying to get mine expedited due to deployment for a month now and are getting nowhere.

Maybe you want to start a new thread, you'd get more answers and this has nothing to do with the post.

I don't think they can because my husband (currently deployed) is also using an APO address. He called USCIS to have it updated as they still had our old address. I don't think it worked because they are now using his grandmother's address and she just fowards me all his mail.

What do you mean you're getting nowhere with your request to expedite? Can you elaborate please

[joclep 0]

Hi guys.

I entered US under k1 visa last march 2. My husband and I got married last march 7. We were about to send our adjutment of status next month. There is this one thing that we're looking into. He got his order that he will be stationed at Germany for 4 years. We're about to leave December of this year. Any advices would help regarding adjustment of status and removal if conditions. Thank you.

Is there any expedite procedures for us? Thankd in advance.

[Scott and Mhay 57]

depending how soon he will take his position in japan, it might be better for you to just apply for a visa for japan and get married there, then apply for a spouse visa before going back to the US. If your K1 will get approved before he leaves, then you can come to the US, get married, and then go to Japan with him. In either case you are already out the money for the K1. You might have enough time to apply for AOS and then expedite it due to your fiancé getting stationed in japan.