Starting the process pre vs post deployment

[karice 29]

Hi,

My fiance and I want to start our K-1 process soon, but we just got word that he would be going on a 7 month deployment next spring. This makes things complicated, as I wouldnt be able to work until I get my greencard, and I would need to save a ridiculous amount to support myself while he is gone. Because of this, obviously, our plans have changed.

Does anyone have experience with a similar situation? We were hoping to either start the process, and get an extension on the visa validity (providing deployment orders of course), or to start the process right as he leaves, and I would be able to make it there as he gets back.

Any advice?

[baron555 934]

Hi,

My fiance and I want to start our K-1 process soon, but we just got word that he would be going on a 7 month deployment next spring. This makes things complicated, as I wouldnt be able to work until I get my greencard, and I would need to save a ridiculous amount to support myself while he is gone. Because of this, obviously, our plans have changed.

Does anyone have experience with a similar situation? We were hoping to either start the process, and get an extension on the visa validity (providing deployment orders of course), or to start the process right as he leaves, and I would be able to make it there as he gets back.

Any advice?

Military that has iminant deployment orders is eligible for an expedite.

[karice 29]

I read that it was only available to active duty members. He is reserves but still going on a deployment.

[Lee&Ana 88]

How about a spouse visa? By the time they approve your case, your fiancé's deployment would be done and you would save $1,070 usd in the process.

And you would have the ability to work right away.

[karice 29]

How about a spouse visa? By the time they approve your case, your fiancé's deployment would be done and you would save $1,070 usd in the process.

And you would have the ability to work right away.

Would he have to be stateside for the whole process? I just don't want to get stuck because he's gone.

Edited February 16, 2016 by karice

[Dohan 133]

Are you now in the US? You have to be in your home country while the K1 is approved. If you are already in the US, get married and do an I-130 along with I-485 (AOS).

[karice 29]

Just to clarify, I am in Canada, while he's in the US.

[Dohan 133]

If you file your paperwork now, you are likely to be here in the US by next spring, maybe a bit sooner. Same if you got married, and filed I-130 now.

Save enough money to support yourself for 3 months and after 3 months you would be able to work because your EAD would come in.

And I am sure your newly minted husband won't leave you to fend for yourself while he is away for 7 months!

[karice 29]

Do you know if the EAD is another set of forms? Sorry, we are both pretty new to the process.

[Dohan 133]

so if you do the K1 visa, once you get approved and you come in the US, you go get married ASAP (or within 90 days, you have to be married within 90 days) and you file your I485 packet which includes I-765 (EAD) and I-131 (Advanced Parole) just in case you might need to go to Canada before you get your greencard. Send it all in together at the same time, that way you don't pay more fees.

[karice 29]

Really? That's so helpful!