Military gets married to foreigner

[cogaidethuong]

Hi,

I'm an international student that came to the States on the F-1 visa, and still currently on F-1 visa. My boyfriend is Native American, we know each other for almost 3 years, and we're planning to get married soon. He is on active duty military and just got back from the battles. We're ready to get marriage license, marriage certificate, and file I-485 and I-130 forms. So I know the process of getting green card after filling forms and stuff is usually about 6 months or so; however, I was wondering what if my bf is in military, will we get things proceed faster? In other words, will we be prioritized because of his situation and not waiting for months ? He's taking vacation in the States now, but he'll never know when he deploys again until they call. Have anyone here ever experienced in marrying an US soldier and actually know how long it probably would take? Any help is appreciated. Thank you!

 

[XtremeCold]

My friend was married to a US Navy. He was high-ranked and usually on duty in Japan, thus the interview was very tough since they do not live together often. They were separated in the interview and both were threatened by the interviewer (I'm not kidding). They were then called for the 2nd interview the next day for another separated interview. They passed eventually.

Sorry to worry you. Good luck.

 

[Jackolantern]

however, I was wondering what if my bf is in military, will we get things proceed faster? In other words, will we be prioritized because of his situation and not waiting for months ?

No, they won't make it any faster. But they will conduct the interview with you alone if he's deployed abroad or otherwise unable to attend the interview due to his military duties (provided that you give proof of that). If he wasn't in the military they wouldn't make that exception; they'd either reschedule the interview or deny the green card if both spouses aren't present.

 

[cogaidethuong]

My friend was married to a US Navy. He was high-ranked and usually on duty in Japan, thus the interview was very tough since they do not live together often. They were separated in the interview and both were threatened by the interviewer (I'm not kidding). They were then called for the 2nd interview the next day for another separated interview. They passed eventually.

Sorry to worry you. Good luck.

Thank you so much for your response. I'm exactly in the same boat with your friend. We don't even live together since I'm still going to school, and he has to move to another state due to his duty, my bf is not that high-ranked though. But we do see each other in the holidays. Do you happen to know what some questions the interviewer asked? I'm worried now since I need to have the green card before July 2014, and I'm not sure if it's already late to start.

 

[Jackolantern]

I'm worried now since I need to have the green card before July 2014, and I'm not sure if it's already late to start.

You don't really need the green card before July 2014. You just need to establish authorization to stay in the US beyond the validity of your F1 status, and to travel and work if you want to do those things while waiting for the green card.

A properly filed I-485 will give you authorization to remain in the US until your green card case is decided. If you want to travel abroad or work while waiting for green card approval, in addition to the I-485 you should file I-765 (employment authorization) and I-131 (Advance Parole) which take about 2-3 months to be approved.

So with that in mind, it may be to your advantage to delay the green card application for a few months so you can build more evidence of married life and thereby have an easier interview.

However, you may want to get started sooner with the I-693 medical, so you'll have the results in its sealed envelope ready long in advance. You can do the medical as early as 12 months before the I-485.

 

[cogaidethuong]

So with that in mind, it may be to your advantage to delay the green card application for a few months so you can build more evidence of married life and thereby have an easier interview.

Hi Jackolantern, your response is truly helpful. I read all about these procedures but it's still a challenge/confused for me without help or consultation.

It's true that I want to travel back to my country in July, so I need to get stuff done before then. However, as you mentioned, an advance parole would be one option I should think about since it's more advantage for me. When you say to delay green card application, how can I delay it? Should I apply for I-485 and not apply for I-130? or which steps should I take to delay the procedure?

And do I have to take any interview at the US embassy in my country once I have my advance parole approved?

Thank you.

 

[Jackolantern]

Hi Jackolantern, your response is truly helpful. I read all about these procedures but it's still a challenge/confused for me without help or consultation.

Once you've attempted to fill out all the paperwork, visit here and ask questions. And if you're still confused after that, get a one-time consultation with an attorney to review your paperwork, then make corrections and submit it yourself (that's a lot cheaper than having the attorney handle the case end to end). I think the military offers some kind of immigration assistance to noncitizen spouses, so investigate that.

It's true that I want to travel back to my country in July, so I need to get stuff done before then. However, as you mentioned, an advance parole would be one option I should think about since it's more advantage for me. When you say to delay green card application, how can I delay it?

Simply wait a few months before you send in any of the immigration paperwork. You're not required to apply for a green card immediately after getting married. You have student status at least until next July, so you can wait a while. Apply in Feb or March and your Advance Parole or the green card itself will almost certainly be approved by July.

Should I apply for I-485 and not apply for I-130?

No. Either both the I-485 and I-130 must be filed together, or the I-130 must be filed first.

And do I have to take any interview at the US embassy in my country once I have my advance parole approved?

No. The purpose of Advance Parole is to enable you to exit and reenter the US while your I-485 is pending, and the I-485 interview will be in the US. Once you file the I-485, your F-1 visa will become useless for traveling, so you'll need something else to return to the US if you don't have the green card yet. That "something else" would be the Advance Parole.

Note that they would cancel your I-485 for abandonment if you leave the US before your Advance Parole or green card is approved, so although you don't need to physically show the AP when you exit the US, you still need to have AP or the green card approved before you leave.