Fiance Visa Interview Delayed By Military Service

[A Midsummer's Day 0]

Hello, I have entered into a situation with my Algerian fiancé that I think is likely to present an obstacle in our I-129F case. I was hoping someone here may have experience and insight about what steps to take, if any. My fiance began a year of mandatory military service in January of this year. Our I-129F case was approved on March 20th and the approval notice is valid until 7/19/19. He believes he may be eligible for early release due to a medical condition. However, if he is determined not to be eligible, July will only be 6 months into his service. I was hoping someone may know if there is a way to get an extension, if he can attend the interview while still in service, or will we just have to start a new case if we don't complete an interview by 7/19? Any advice would be appreciated.

[payxibka 10,045]

1 minute ago, A Midsummer's Day said:

Hello, I have entered into a situation with my Algerian fiancé that I think is likely to present an obstacle in our I-129F case. I was hoping someone here may have experience and insight about what steps to take, if any. My fiance began a year of mandatory military service in January of this year. Our I-129F case was approved on March 20th and the approval notice is valid until 7/19/19. He believes he may be eligible for early release due to a medical condition. However, if he is determined not to be eligible, July will only be 6 months into his service. I was hoping someone may know if there is a way to get an extension, if he can attend the interview while still in service, or will we just have to start a new case if we don't complete an interview by 7/19? Any advice would be appreciated.

Extension are routinely available in 4 month tranches up to a total of one year

[Juniper 62]

Just throwing this out there for consideration.  Obviously you are a US Citizen if you filed an I-129F.  So, since he has a year of mandatory military service, you have time to wait out the approximately 14 month filing to interview time duration for a I-130 IR-1 path and at the end of that particular path when he arrives in the USA with an IR-1 immigration visa, he gets his green card upon arrival (which means he can get a job immediately after getting his social security card that comes quite quickly). This path does require you to marry him in order to file the I-130 IR-1 petition.

 

Coming on a K-visa (whenever that might occur), and then getting married before 90 days and then waiting at least another 3 to 4 months to get a work document so he can get a job (he will probably be very unhappy waiting to be able to make money), and then waiting another year (just about nowadays) to get a green card via adjusting status via I-485 (a whopping $1225 fee).

 

Anyway just opening up the possibilities based on his mandatory one year military service.

 

If you do the I-130 IR-1 path, you simply write a letter to USCIS to cancel the ongoing I-129F petition and have that cancelled before filing the I-130.

Edited April 7, 2019 by Juniper

[Juniper 62]

Sorry, when I said IR-1 visa I should have said CR-1 visa where he gets a 2 year conditional green card.

[A Midsummer's Day 0]

Thank you both for the feedback. Juniper, that is certainly something to think about, but he is 3 months in to his service now and it may not seem like much in the grand scheme of things, but actually it is when you live day to day without your loved one. The thought of starting over now isn't at the front of our minds. So we will pursue the K1 path unless it becomes an impossibility, but if we had received your advice at the start, I'm sure it's what we would have done.

 

He has now informed me that he is able to be released for a period of time in order to attend his interview if he provides the right person with paperwork proving he's going to the interview. Which raises another question for us, if anyone may have experience with this or a similar situation. Would it be better for him to schedule and attend an interview for the visa at the consulate before he completes his military service and explain to the CO that he had to enter service after we applied, or for me to ask for an extension before he schedules an interview?

 

[SalishSea 17,928]

Probably not a bad idea to go for the interview ASAP, as being from Algeria and applying for a K-1, it is quite possible there will follow a long period of AP.

[A Midsummer's Day 0]

I was kind of thinking the same thing. We're in a weird situation and I have no idea how it will go. I definitely don't see them granting a visa while he is in the military. I hope they don't outright deny us because of it. I guess we'll see.