How does it work going back into the active Army with an undocumented spouse?

2018-08-05T21:25:39-04:00

I am prior service and working on going back active army. My husband is undocumented. I know I can still join, but I’m not sure of anything else as far as him having a dependent ID or his base access or if I get stationed in Germany. Any insight is appreciated.

Response by SPC James Neidig made Aug 5 at 2018 9:39 PM

2018-08-05T21:39:05-04:00

If you take him on post to get his ID the MPs may snatch him up and turn him over to ICE it has already happened not long ago to another soldier

Response by SGT Christopher Hayden made Aug 5 at 2018 10:53 PM

2018-08-05T22:53:00-04:00

Seems like a good way to get him sent back to the country he's supposed to be in.

Response by SrA Paul Brown made Aug 6 at 2018 12:19 AM

2018-08-06T00:19:46-04:00

Why not make him legal? Doesn’t marriage qualify him? I know there’s still a process but having been through it twice for international adoptions, I found it to be as reasonable as can be expected for the federal government. Sure it takes time, money and patience, but that’s just the deal with bureaucrats.

Not being ugly but it seems like getting legal would bring peace of mind as the simple truth is that he’s not undocumented, he’s here illegally and could possibly be handled as such at any time.

I really do wish you the best and hope I haven’t offended.

Response by SGM Bill Frazer made Aug 6 at 2018 9:19 AM

2018-08-06T09:19:55-04:00

That will be a big can of worms. It probably can be done, but it will take extra time probably.

Response by SFC Private RallyPoint Member made Aug 6 at 2018 1:20 PM

2018-08-06T13:20:04-04:00

Citizenship for Family Members

Members and veterans of the U.S. armed forces and their dependents may be eligible for citizenship under special provisions of the INA. For more information, see the Citizenship for Family Members page.
https://www.uscis.gov/military/citizenship-family-members

Start there.

Citizenship for Military Personnel and Family Members

Read about special provisions for members of the U.S. armed forces and their dependent spouses and children.

Response by LT Brad McInnis made Aug 6 at 2018 1:29 PM

2018-08-06T13:29:01-04:00

Had a sailor's wife who was illegal. He told me right away, and we went through the process to get her legalized. There were extenuating circumstances at the time, that she was allowed to stay in the US while the process worked its way out. She did not come on base until we got papers for her. My 2 cents, talk to a JAG on base, they have the most up to date info.

Response by CSM Richard StCyr made Aug 6 at 2018 2:59 PM

2018-08-06T14:59:59-04:00

The undocumented issue poses several challenges for you.
- Access to Post will be difficult with the new ID requirements and your spouse could be detained. I had a worker for a sub-contractor detained at the gate a couple years ago because of an expired work visa. ( Documented but out of date )
- Dependents need passports to go to Germany, Japan, Korea or any other foreign area that allows dependents and have to be on your orders for the government to pay for travel. Being undocumented I could see this as a problem.
Those are just a couple Issues/ Challenges, I'm sure there would be a score more.

Response by SGT Tony Clifford made Aug 6 at 2018 3:45 PM

2018-08-06T15:45:33-04:00

I would start by having him go to an immigration attorney and look into filing paperwork to get a marriage Visa. The process can be laborious and intrusive. My older sister needed to go through this process with her ex-husband. They will essentially look to ensure that your marriage isn't a scam to get him a visa. It would be best if he hasn't entered the country illegally. If you return to service before his visa is processed, I believe that there will be an expedited immigration process. Additionally, you being on active duty can also speed up his naturalization, if he would like to obtain citizenship. Again, I'm not an expert nor are most of the people on Rally Point, so seek input from an attorney immediately.

Response by Maj John Bell made Feb 18 at 2019 7:19 PM

2019-02-18T19:19:42-05:00

I suggest that you and your husband contact an attorney who specilizes in immigration law, then get back on the right side of the law. The longer the two of you wait, the longer you spend worrying about what may happen, and the more disruptive it will be, if and when the government catches up.