Process for (overseas) marriage out of the MSG program?

2020-06-29T13:17:54-04:00

Does anyone have any tips or suggestions for a foreign marriage after PCS from the MSG program?
I know marriage is not an option while on the program but I am currently on my second year and will be getting my orders soon to return to the states as an 0311 next year.
For those who are unaware, marrying a foreign national is a very long and multi-step process. First is the approval from my command to start the process and meeting with a chaplin. Next comes the actual process for applying for a K-1 and K-2 visa to the states, which has its own long process. Once approved, we would have 3 months in the states to marry and apply for permanent residency (I would have to request leave to do this near my home of record). Finally, is the normal process for applying to DEERS and other proceedings following marriage.
My main questions are:
1. Do I need to wait to get my commands permission until I have been assigned and arrived at my new duty station?
2. (This goes along with #1) Do I need to wait until the same time to START the process of applying for the visas as it takes anywhere from 7-10 months on average to fully complete?

Response by LTC Private RallyPoint Member made Jun 29 at 2020 1:26 PM

2020-06-29T13:26:20-04:00

Consult with your local JAG. You should be able to start the process with your current CMD's concurrence prior to the PCS. Glad to see you are prepared for a long process. Good luck.

Response by SSgt Christophe Murphy made Jun 29 at 2020 1:54 PM

2020-06-29T13:54:23-04:00

I was on the program from 2005-2008. During that time there were provisions in place to allow for you to request and be approved to get Married your last month or so on the program. That's been a minute but I would recommend talking to your Det Cmdr and 1st Sgt about it so you can get some guidance from the source. They will be able to get MSG specific information as well as help you with your legal questions.

If time is a factor to get paperwork done I would suggest getting your marriage license knocked out ahead of time before the "Official Wedding". Don't postpone the big wedding because most people that do that never have one but nobody will judge or even have to know if you guys just head to the court house in advance to get your documentation completed and within compliance. Most people in the world don't have to account for legal issues when they get married but marrying in the Military and marrying a foreign national with looming deadlines creates it's own type of play book.

Good Luck

Response by MAJ Byron Oyler made Jun 29 at 2020 8:53 PM

2020-06-29T20:53:51-04:00

I married a foreign national (FN) but she came to the US on a fiancé visa. I went directly to the USCIS pages and reviewed her paperwork before it was sent. USCIS does not require any paperwork from your command to process a fiancé visa. I was in Hawaii at the time so I was never briefed on any rules marring a FN however I do know they exist. Don't do something that will get you in trouble but do explore if your unit requires anything before submitting paperwork to USCIS. I really do not think there is much they can restrict as you are just submitting forms for a fiancé visa. Be careful submitting paperwork before you have a good address for the next six months as you are looking at $600 or more to start the paperwork and I always feared if I could not receive their mail I would lost the $$$.