Unique situation, Looking for some answers..

[Mija]

My Fiancee and I are to be married soon. I want to get all this paper work squared away so we know exactly what is going to be coming at us.

I am an Australian in The United States on a J1 Visa, I am currently and Au Pair. I have been in the country since Feb 21st 2005, and my visa has been extended until the 21st of November 2006. I thought I should add that I am not subject to the two year rule.

My Fiancee and I met online in 2003, and were friends until April 2005 when we met and realised we share alot more. Long story short we've been long distance dating coming up to a year now, and have recently decided to get married. Being apart is not an option I'm willing to choose. I have been collecting everything over the past year (and even evidence of knowing eachother since 2003) to prove that we have infact shared a meaningful relationship.

I'm sorry if this is really disjointed, I'm doing my best to explain my situation. I will ask my questions as I tell my story I suppose
This is where the complications (that I see) set in. I live in Colorado, and my Fiancee is in Washington State. He is a US Citizen serving in the Navy, and we plan on being married before he is deployed for Afghanistan in mid July. I am contracted as an Au Pair in Colorado until November 22nd this year (I can break my contract to be with him before he leaves if it will help us alot, or will forfilling my original purpose for being in the United States help in the end?). Otherwise when my 'spouse' is deployed I will still have 3 months left in Colorado. Now we talked about me when going to Washington State and moving into his house for the remainder of his deployment (he will be back in January), We have already worked out that I will be added to his lease, car ownership, joint bank accounts, life, health and car insurance, utilities etc.
Do you think that we will face significant problems due to my fiancee's deployment and me remaining in Colorado for a portion of his absence? I've had paperwork and interviews and such to handle due to marrying a male in the military, can those documentations help when it comes to the interview process, showing that we infact are serious? When should we file our paperwork after we are married? should we wait till the latest most possible moment, I would freak out if for some reason things went quickly and he was deployed for our interview! Also, do I need to find another type of non-immigrant visa until my AOS is approved at the interview or is that what the Petition for Alien Relative is for? Am I right by saying that when that is filed I am able to reside in the country until my AOS interview and decision? In that case should I file all the forms for us in my fiance's absence shortly after he is deployed, to give me the benifit of the doubt that he will be home before the interview is made?

I hope that all made sense, and any light on my situation would be greatly appreciated, actually I'm just thankful if you read my post this far. I want to make sure we do everything by the book for our future, he's not something I'm willing to lose!

Mija

 

[brunette1130]

Make sure that you are not subect to 2 year rule being on a J1. If you are not subject to it then, after your future husband files I-130 for you then you can simply file I485 to adjust your status.
If you are subject to 2 year rule then consalt this with your attorney to find out if it is removable.

 

[a_usc]

Wow, your story (of how you both met), sounds so similar to mine . My husband and I too met online and were just friends (uhmm or may be we felt a little more but none of us said nothing ) for three years. When we met for the first time in person, he was in VA and I was in CA, and that one meeting helped us made the BIG decision - the RIGHT one lol. We continued this long distance relationship for about a year during which he visted me ev 45-60 days and finally we got married last year in Jun. None of this is an answer to your questions... but felt glad to know that there was someone else too like us. And that we were not wierdos (or at least not the only ones ) who continued to be just online friends for three years and then meet one day and decided to get married... lol. Nice to share.

Okay, now, on a serious note, I can answer one of your questions, I think. The answer is - after you file I-485 (AOS), you don't have to get any non-immigrant visa. In fact, if you want to work while your AOS petition is pending approval, you should apply for EAD (Employment Approval Document; I-765) and AP (Advance Parole; I-131) along with your I-485. These usually get approved within 2-3 months and their approval will allow you to work and move out and back into the country, respectively. The big question is - how will you file the I-485 even if you go about it as Brunette suggested? Yes, your husband can file I-130 for you right after you guys get married and he leaves for Afghanistan. Later you can file I-485, but that requires Affidavit of Support (I-864) from your husband, which will be difficult to provide if he is in Afghanistan. May be he can fill out the Affidavit of Support too before leaving for Afghanistan :-/

Good Luck.
USC

 

[cherr1980]

You can make all the paperwork before he gets deployed. The only issue is that probably your interview date will come while he is deployed and you will have to re-schedule it.
There is no special issues with military spouses but of course there are some officials who does not want to mess with it. In general eveybody goes to the same line.
About the issue that you both met online, well the first time I knew my husband was like that, of course we met each other later in person and that continued in that way. Now I am not sure if I understood your post, you at least has been met your fiance in person right?
As a spouse of a USC since is an immediate relative you can file concurrently the I-130 Petition for Alien Relative along with your packet of AOS or Adjustment of Status I-485 and the other forms. Once you filed for AOS that is the application that give you the status as an adjustee and you are able to stay within the country until there is a result on your case.

Anyway, your spouse and you can go to the JAG office since he is in active duty and they know all the immigration process and can guide you. My experience with the Army is that they can tell you that you will be deployed for 6 months but not necessarily you will be back in 6 months.

Good luck,