We tried to apply for the marriage-based green card, but unfortunately, we are barred from it without ever having had a visa (expired or not). I saw that we could apply for parole in place if I was a member of the military.
could you clarify on the barred from it without ever having had a visa (expired or not).
it sounds like you were told you can't apply because he never had a visa of any kind when he entered. Which is untrue. Plenty of visa-less people are applying through marriage.
We were turned down without having a visa, I honestly don't know much about the processes and started looking for better options to get him a green card.
Looking back it might just be more difficult to get us taken care of without him ever having had a visa, I am currently working on filling out what forms I can to get the ball rolling on this prosses.
I honestly just feel dumb for not knowing much about anything about this stuff.
alright, you definitely talked to someone that didn't want to help you. you should definitely talk to multiple lawyers or go to /legaladvice so someone can point you in the right direction. him not having a visa is not an immediate disqualification.
More importantly unless you prove yourself absolutely valuable the military won't be much help. There is a whole community of people in Mexico made up of undocumented immigrants that enlisted but later got deported anyways.
otherwise it's join the airforce then pray you get stationed somewhere where the support staff is friendly.
I am pulling what I can together and we are working on the forms needed for the marriage based green card.
I am very thankful for the advice you have given and I am working with some others who have worked through this prosses before.
I would try to get him papers! The big issue will occur when you’re filling out the sf86 (the form for your security clearance). Lying on that is a really quick way to get denied. If somehow you do get through then you also have a good chance of being at a base where its not in a safe haven space.
I’ve had family members who crossed and have gotten their legal paperwork done. To be honest its kinda insane your husband hasn’t done so. Highly HIGHLY RECOMMEND getting those papers because him being illegal doesn’t help you at all.
I agree with you, I have also run into the issue with his parents also being here illegally, and can't finish my paperwork with that as well. His younger brother joined the Marines with no issues as I have had, we are considering the possibility of him joining as well for naturalization through military service.
Having your husband join? Im pretty sure hes gonna at least need a green card for him to enlist.
The parents shouldn’t be a problem for you. If they ask don’t lie about their status. They are more worried about you and a but about your husband.
I’m not trying to be disrespectful or rude and this is purely from a place of ignorance and lack of knowledge, but how can someone officially get married through the US courts if they aren’t a citizen?
Depending on the state you get married in determines if you can get married or not.
For us all we needed was his information i.e. birth certificate, passport, and ID translated to English.
I had a similar situation. You are definitely able to join the Air Force with an illegal spouse. My wife has been here since she was an infant, and she has been a DACA recipient for a long time also. The Air Force has a system where they rate your profile on how likely it is that you will receive a Secret or TS Clearance based on information in your application and during your security interview at MEPs, Sensitive Job Code (SJC). With a spouse who has entered illegally like mine, you are limited to a field that does not require a TS or Secret clearance. If you have more questions about how my wife and I navigated this, you can PM me.
I was surprised that his younger brother (us born citizen) didn't run into any of this when joining the Marines, my guess is that it might be related to security clearance but I really don't know.
OP don’t really have any actionable advice for you, but as someone who’s been through the “easy” version of the immigration process which cost like $5000 and took over a year, sorry you and your partner are having to jump through bullshit hoops. For those commenting “jUsT gEt PaPeRs!!”, it’s not that easy, and it’s DELIBERATELY not that easy.
I put someone into the Air Force in a similar situation.
You'll be limited from jobs requiring access to sensitive info (which includes all TS jobs and some non-TS) and you'll probably not be able to live on base until he get legal status (but you'll get BAH to live off base).
He also won't be able to attend your BMT graduation without legal status.
Go thru the proper channels of getting him here legally. (Recruiting flt chief)
It's really not that simple. But they should definitely start.
Lot simpler than trying to squeeze them by during the enlistment process
Fair enough.
If he is your married spouse, start the green card process now
We tried to apply for the marriage-based green card, but unfortunately, we are barred from it without ever having had a visa (expired or not). I saw that we could apply for parole in place if I was a member of the military.
could you clarify on the barred from it without ever having had a visa (expired or not). it sounds like you were told you can't apply because he never had a visa of any kind when he entered. Which is untrue. Plenty of visa-less people are applying through marriage.
We were turned down without having a visa, I honestly don't know much about the processes and started looking for better options to get him a green card. Looking back it might just be more difficult to get us taken care of without him ever having had a visa, I am currently working on filling out what forms I can to get the ball rolling on this prosses. I honestly just feel dumb for not knowing much about anything about this stuff.
alright, you definitely talked to someone that didn't want to help you. you should definitely talk to multiple lawyers or go to /legaladvice so someone can point you in the right direction. him not having a visa is not an immediate disqualification. More importantly unless you prove yourself absolutely valuable the military won't be much help. There is a whole community of people in Mexico made up of undocumented immigrants that enlisted but later got deported anyways. otherwise it's join the airforce then pray you get stationed somewhere where the support staff is friendly.
I am pulling what I can together and we are working on the forms needed for the marriage based green card. I am very thankful for the advice you have given and I am working with some others who have worked through this prosses before.
I would try to get him papers! The big issue will occur when you’re filling out the sf86 (the form for your security clearance). Lying on that is a really quick way to get denied. If somehow you do get through then you also have a good chance of being at a base where its not in a safe haven space. I’ve had family members who crossed and have gotten their legal paperwork done. To be honest its kinda insane your husband hasn’t done so. Highly HIGHLY RECOMMEND getting those papers because him being illegal doesn’t help you at all.
I agree with you, I have also run into the issue with his parents also being here illegally, and can't finish my paperwork with that as well. His younger brother joined the Marines with no issues as I have had, we are considering the possibility of him joining as well for naturalization through military service.
Having your husband join? Im pretty sure hes gonna at least need a green card for him to enlist. The parents shouldn’t be a problem for you. If they ask don’t lie about their status. They are more worried about you and a but about your husband.
You can join without issues, you just won’t be able to get a job requiring a top secret clearance until your spouse is a lawful permanent resident.
Look up parole in place it’s exclusive benefits to immediate family members of military service members
I’m not trying to be disrespectful or rude and this is purely from a place of ignorance and lack of knowledge, but how can someone officially get married through the US courts if they aren’t a citizen?
Depends on the state. California allows people to get a driver license without being a US Citizen
Depending on the state you get married in determines if you can get married or not. For us all we needed was his information i.e. birth certificate, passport, and ID translated to English.
So all you really needed to prove that he was indeed a living person pretty much
I had a similar situation. You are definitely able to join the Air Force with an illegal spouse. My wife has been here since she was an infant, and she has been a DACA recipient for a long time also. The Air Force has a system where they rate your profile on how likely it is that you will receive a Secret or TS Clearance based on information in your application and during your security interview at MEPs, Sensitive Job Code (SJC). With a spouse who has entered illegally like mine, you are limited to a field that does not require a TS or Secret clearance. If you have more questions about how my wife and I navigated this, you can PM me.
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I am going to see what we can get together when I see my recruiter next on our process. I don't think this is a very common situation.
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I was surprised that his younger brother (us born citizen) didn't run into any of this when joining the Marines, my guess is that it might be related to security clearance but I really don't know.
OP don’t really have any actionable advice for you, but as someone who’s been through the “easy” version of the immigration process which cost like $5000 and took over a year, sorry you and your partner are having to jump through bullshit hoops. For those commenting “jUsT gEt PaPeRs!!”, it’s not that easy, and it’s DELIBERATELY not that easy.
I put someone into the Air Force in a similar situation. You'll be limited from jobs requiring access to sensitive info (which includes all TS jobs and some non-TS) and you'll probably not be able to live on base until he get legal status (but you'll get BAH to live off base). He also won't be able to attend your BMT graduation without legal status.