Army is sending us to Italy... Advice please!!

[aussie81]

Hi everyone,

I am married to a USC and was about to mail my I-130/I-485 last week when my husband found out that the army will be sending us to Italy in July 06 for 3 years. Now I'm not sure what I should do with regards to my application.
Does USICIS allow spouses of active milltary members to leave the country due to a change of station while their application is being processed or do I have to go through a different process. I know that military posts overseas are still considered American soil but I'm not sure if that will have any affect as I will be landing on foreign soil.
I know people who have married overseas and started their application in the foreign country. I guess I could do that but I have overstayed already and am a little concerned about leaving it another 2 months to start the process for immigration or AOS.
Any advice would be greatly appreciated. I'm not sure if I've explained myself very well so if you'd like me to clarify or add anything please ask.
Thanks in advance for your help!

 

[cherr1980]

If your husband is in active duty (which I think he is since he has been place in orders), you and your husband should go to JAG and do it now. They can guide you and what you should do in your specific case, in any case I know you should follow the immigration laws but there are certain process for the military for certain ocassions.

Good luck,
Army spouse-

 

[aussie81]

Thanks Cherr1980, I'm going to go to JAG next week. I'm hoping they'll know what to do, last time we went they didn't really have much of a clue but maybe it was just the guy we spoke to . He seemed to think that because I had overstayed that USCIS could try to deport me if I went to the DO , but now I know that's not true because overstay is forgiven of spouses. Anyway I'm hoping they'll be able to sort it all out with minimal drama.

 

[cherr1980]

Yes it is forgiven, but you have not apply to adjust your status yet...probably that why he meant. Anyway, be sure that is the officer not the assistant because sometimes they are just helping around and not really the one who are authorize to do something about it or know about it has to be done. It is suppose that some of them will know what to follow for immigration pourposes.

In my case, fortunately, my husband did not get deployed during my whole process, well just for a few months but we already submitted the forms. But he went to JAG even before we got married to check things out even he was not in active duty. The CPT who is in charge in that office told him that he just can gave him some guidelines but not really going through our case because he was not on active duty. Be sure to ask EVERYTHING that you can, and your husband must push everything, the Army can be a huge elephant.

What I would do is to make (kind of difficult sometimes... ) my husband asks his JAG office about what happen in your case...probably they will gave us just general info...but let's see. Keep you posted.

 

[cherr1980]

Okay I got the answer right away....amazing huh?
Well, I just spoke over the phone with my hubby and he told me that he knew that info when he went to the JAG office the first time.
He said that JAG told him that in those cases the Army can expedite the process, so the spouse can leave the US already as a PR. That sometimes the spouse must wait in the US a little while (but not many months) and then reunite later on. Now I am sure the entire process in the way it is, depend in a larger spectrum of factors...so remember, not necessary that will be the way your JAG officer will tell you.

Hope that helps a little bit. If you have more questions, you can send me a private message, remember never disclose name/location/rank of your spouse.

Good luck

 

[aussie81]

Thankyou so much for your help, you've been so great! I'm going to the Jag office next week with my hubby so I'll let you know what they said. I've learnt that you have to be a little pushy to get things done in Government/Amy office, takes a bit of getting used to because that's not really my nature. Thanks again!