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When you marry or adopt overseas

Life in the armed forces can be very different from everyday civilian life. Beyond the obvious difference in daily routine and job duties, one finds that their life may go in a slightly different direction than their friends and family back home. You may meet your future spouse while stationed in Germany, or decide to adopt a child while stationed in Japan. Both of these major life decisions are difficult to make under ordinary circumstances, but the added complication of being a member of the armed forces may further frustrate your efforts toward building a family. Here is a simple overview of some issues that may arise if you are considering marriage or adoption. I welcome your questions about specific or complex immigration issues.

Military marriages to foreign nationals

If you are thinking about getting married to a foreign national, you may need to plan ahead. Under some military regulations, a member of the armed forces planning to marry a foreign national while stationed oversees may need to submit an application requesting permission to marry. This application process includes a background investigation of your anticipated spouse and medical screening.

The foreign national spouse may be best served by attaining Lawful Permanent Resident status. LPR grants your spouse certain rights, such as the rights to live and work in the United States. After a certain number of years, your spouse may apply for citizenship. Due to the new quota system, reaching LPR status may be the most difficult hurdle your spouse will face. The United States Citizenship and Immigration Services (USCIS) will carefully scrutinize both parties and the marriage itself to ensure legitimacy. You may be asked a range of questions starting with how you met each other, how long you have known each other, whether the marriage was consummated and whether you reside together.

For members of the armed forces who are stationed within the U.S., you can file a Petition for Alien Fiancé(e), Form I-129. This allows your fiancé(e) to enter the U.S. provided you meet the following conditions: You must have met in person within two years of filing the petition, and you must be married within 90 days of the fiancé(e)’s entrance to the U.S. There are two exceptions to the “meeting in person” rule: if it would violate custom of a culture or it would result in extreme hardship. Following the marriage, your alien spouse has 90 days to file an application for permanent residence, which provides them with conditional LPR status. After two years of marriage, you can apply to have this condition removed. It is important that you file for the change in status and appear for the USCIS hearing. If you do not, the USCIS may terminate the LPR status.

Supporting your alien spouse

When your spouse begins the process of attaining LPR status, they will require sponsorship by you or another family member. As a sponsoring U.S. citizen, you will need to file an I-864 Affidavit of Support. This form legally obligates the sponsoring U.S. citizen to support the alien until they are either naturalized or have worked 40 qualifying quarters (as stated in the Social Security Act). It is important to note that divorce or separation will not terminate this obligation.

Death of active-duty spouse

It should be noted that when an American citizen dies on active duty, their surviving spouse and child are eligible for naturalization. They will not be required to show residency or physical presence in the United States. They may file an N-400.

Children and adopted children

If you are an American citizen and considering adoption abroad, you may confer LPR status upon adopted children. Filing an I-130 form will allow you to sponsor a foreign-born adopted child under the immediate relative provision. The child will automatically become a citizen under the following circumstances:

• If an adoptive parent is naturalized (if not already a citizen) while the child is under 18 and residing in the United States;

• If the child is in the custody of the adoptive parent; and

• If the child has entered the country as an LPR. Adoptive parents should also file an I-600 as backup.

All of this information can be quite overwhelming. Luckily, the USCIS has created a toll-free Military Help Line, (877) CIS-4MIL. This line is available Monday through Friday from 8 a.m. to 4:30 p.m. (CST).