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Thread: Rare situation! Need answers!

  1. Fresh Newbie
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    #1

    Help Rare situation! Need answers!

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    I am in a very rare situation and need some help! My husband is active duty army and has been overseas for almost 13 years. This is because I am not eligible to receive a visa to the States period. For the last 12 years that we have been married, we have been in Korea and Germany. He came down on orders to go to VA and cannot get out of the assignment. I am forced to go to my home country of Korea with our two school-age children during his 3-year tour in VA. Since he is not stationed in Korea, will my children and I receive any entitlements or logistical support? Desperately seeking concrete answers! TIA
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    #2
    wanted to bump this for you! I hope you find answers!
  3. AMD
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    #3
    I'm in Korea now, and since he's not here on orders I know you won't be able to get rations or put your children in the on-post school. However, I think you can still use the military hospital. Definitely call Tricare Overseas to get answers on that question. Good luck getting everything sorted out!
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    #4
    AMD, do you know about housing allowance?
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    #5
    If your husband is stationed in the states, I don't think so. I don't know for sure, but I have never heard of a the military paying for the family and service member to live in separate places when service member is stationed in the States. There's really no way you can get a visa? Even though you're married? I'm really sorry you're in this situation
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    #6
    Hmmm....yes, definitely can't get a visa. I got into legal trouble in the US when I was 18 (13 years ago), and cannot not return. There's got to be some sort of exception to policy or option around this.....it'll be a severe financial, emotional, and mental strain (mostly on the children) if we have to run two households in two different continents for three years. This is a tough one.
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    #7
    It seems to me that you would be best off applying for a waiver for the visa:

    What is a waiver?

    The Immigration and Nationality Act (INA) contains provisions that may allow a visa applicant who was denied a visa for a particular ineligibility to apply for a waiver of that ineligibility. The Department of Homeland Security (DHS) adjudicates all waivers of ineligibility. Waivers are discretionary, meaning that there are no guarantees that DHS will approve a waiver for you. If the waiver is approved, you may be issued a visa.

    Can every applicant who is ineligible apply for a waiver?
    No. If you are found ineligible for a visa, the consular officer will inform you if can apply for a waiver of ineligibility. The following factors will determine if you may apply for a waiver:

    Whether a waiver of ineligibility is available for the particular section of law you are ineligible under;
    You must be fully qualified for the visa you applied for, except for that specific ineligibility, in order to be able to apply for the waiver;
    If you are applying for a nonimmigrant visa, generally whether the consular officer who found you ineligible recommends to DHS that you receive a waiver; and
    If you are applying for an immigrant visa, whether a waiver is available for your particular situation. (For example, for certain visa ineligibilities when applying for an immigrant visa, you can only apply for a waiver if you have a U.S. citizen or lawful permanent resident spouse or parent who would endure extreme hardship if you were not able to immigrate.)
    How do I apply for a waiver?

    If you can apply for a waiver, the consular officer at the U.S. embassy or consulate where you applied will inform you how to apply for a waiver.

    Immigrant Visa Applicants - If you can apply for a waiver, you must file Form I-601, Application for Waiver of Grounds of Inadmissibility. The consular officer will forward your Form I-601 to the Department of Homeland Security for a decision on your waiver application.
    Otherwise, I'm going to guess that in the eyes of the military, you are voluntarily separated (as in, not due to the military's rules) and will NOT be entitled to any allowances. I'm guessing you will have PX and commissary privileges; I don't know about medical care.

    I'm sorry - sounds like a frustrating situation. I'd say your best bet is to talk to the US Consul where you are.
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    #8
    Thanks Sunbeam. I already spoke to the Consulate, and I am not eligible to file for a waiver either. There's nothing I can do about my inadmissability. So I need to focus on what types of exception to policy or whatnot I can work through the military channels.
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    #9
    He can always ask his chain of command for exceptions, the worst they can do is say no... unfortunately like Sunbeam said, when separation is "voluntary" (which like she pointed out, most likely is the case here since the military rules/regs are not stopping you from going) the military wont provide funds to support two households. I believe you would still get the same benefits as a non-command sponsored spouse/family, whatever those are.

    I don't know much about it, but has he considered looking into being a geo-bachelor?
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    #10
    there are no excpetions for GEO bachelors- even legal issues are considered "personal reasons".

    for choosing to live apart you will not get OHA for korea nor will you get seperation pay for living apart.

    you will be forced to pay for 2 households - Unless he can live in the barracks - but even then they may charge him 20-30 dollars a day.

    the GEO BACH program was stopped 6=7 years ago and the members and families are on thier own.

    because your overseas you will need to have your DH make some calls to find out what facilities you can actually use and what kind of support you can get- it is very different overseas than in the states.

    we are 2 years into a 4 year GEO tour- I completely understand the expenses!!
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