Returning to US with a foreign dependent requires planning

By Omer Duru (JMTC Office of the Staff Judge Advocate)July 6, 2010

While serving abroad, it is not uncommon for U.S. service members to find themselves falling in love, marrying a local, and having children. After years of living with their new families and serving their country, service members preparing to PCS or ETS may be confronted with unforeseen legal issues when planning a return to the U.S. with a non-U.S. citizen spouse or stepchild.

Despite years of being command sponsored, happily married and caring for children, the U.S. Citizenship and Immigration Services (USCIS) requires U.S. citizens or lawful permanent residents to submit an I-130 Alien Relative petition (I-130) on behalf of their foreign dependents. This process may take six to nine months to complete. Failing to do so may force the Soldier to depart, leaving his family behind to deal with USCIS paperwork.

Make no mistake, travel orders alone will not cure or expedite the immigration process. If the foreign dependents are German, this could result merely in family separation, but if the foreign dependant is from another country, for example Mexico or the Philippines, failure to complete the USCIS requirements in time could force the service member to send loved ones back to their home country before traveling to the United States. When going through the process of filing for an immigrant visa, petitioners must be sure to gather the following information in order to successfully complete their petition:

____ USCIS must approve a Form I-130, Petition for Alien Relative, submitted by mail or in person. File with USCIS in Frankfurt only if the petitioner is currently residing in Germany. If petitioner is not in Germany, the petition should be submitted to the local USCIS or U.S. Consular office. Petitioners should complete the following steps:

____ Fully complete Form I-130.

____ When filing on behalf of a spouse, both the petitioner and beneficiary must complete separate copies of Form G-325A, Biographic forms.

____ A petition filed on behalf of a spouse must include passport-size photos of the petitioner and spouse.

____ Include a filing fee of $355 for each petition. If mailing a petition, the fee must be paid in the form of a U.S. cashier's check, U.S. dollar money order, international bank draft made payable to the U.S. Citizenship & Immigration Services, or by either Visa or MasterCard. If filing in person, cash may be used.

A,A!A,A!____ Petitioners must submit documentation to establish the family relationship between the petitioner and beneficiary. Either a marriage license or birth certificate should suffice. If the petitioner or beneficiary had been previously married, copies of divorce decrees and death certificates will also be required. Certified English translations should accompany all German documents.

____ State Department must issue an immigrant visa number and stamp the dependent's passport. The following steps must be completed for State Department approval:

____ After establishing an eligible family relationship between petitioner and dependent, the Form I-130 can be approved by USCIS in Frankfurt.

____ Following USCIS approval, the I-130 will be sent to the State Department immigrant visa section, which will contact the petitioner directly.

____ If approved by state, the dependent's passport will be stamped to reflect this and your family is ready to head home to the U.S.

Upon arrival in the U.S., beneficiaries' status will be converted to lawful permanent resident or conditional resident, depending on the length of familial relationship between petitioner and beneficiary.

Your first stop when getting ready to return to the U.S. with a non-U.S. citizen spouse or step-child should be your local passport office. Remember, this has to be done at least six to nine months prior to the PCS or ETS to the United States. In Grafenwoehr, Soldiers should contact Dianna Edison at DSN 475-8699/8754, or dianna.edison@eur.army.mil.

Once the USCIS paperwork is submitted, the point of contact for petitioners in Germany is the US Consulate in Frankfurt, (+49) 69 7535-2233, Fax (+49) 69 7410971, or USCIS.frankfurt@dhs.gov.

Your local legal assistance office can also assist with questions about how to fill out an I-130 Alien Relative petition and notarizing required documents. You may reach 7A JMTC's legal assistance offices at the following numbers: Ansbach-Katterbach, 467-2103, CIV (09802) 83 2103; Ansbach-Illesheim, 467-4576, CIV (09841) 83 4576; Bamberg, 469-7609, CIV (09513) 00 7609; Garmisch, 466-2401, CIV (09472) 83 2401; Grafenwoehr, 475-7114, CIV (09641) 838 7114; Hohenfels, 466-2401, CIV (09472) 83 2401; Schweinfurt, 353-8511, CIV (0972) 196 8511; and Vilseck, 476-2290, CIV (09662) 83 2290.

Editor's Note: Omer Duru is a legal intern at JMTC's Office of the Staff Judge Advocate.