Release Codes and US Visa Application

[IceQ]

Would anyone have some knowledge or experience regarding much weight is given to release codes when applying for a US Visa ie: "Fiancee" K-1, "Spouse (Non-immigrant K-3) ? Clearly questions are going to be raised if the interviewer sees 1 a-d, or 2(a) due to criminal/charge convictions. Medical might be an issue for Item 3's depending on the medical situation. No issues are expected with and Item 4's or 5's a-c. The grey areas are 2(b), 5 d, e and f releases. How much of a challenge would it be for a US visa applicant have to be approved for a US Visa with any of the last 'grey area' release designations? Thank you for any input.

 

[MJP]

I have no idea on the weight given to the various release items but in terms of grey area, all release items 5 are honourable releases so there is no real grey area.

Release Items
(4) When an officer or non-commissioned member is released, the notation on his record of service shall be as follows:

(a) if released under Item 1(a) of the table to this article, the notation “Dismissed with Disgrace for Misconduct” or “Dismissed for Misconduct”, as applicable;

(b) if released under Item 1 of the table to this article for any reason other than Item 1(a), the notation “Released for Misconduct”;

(c) if released under Item 2 of the table to this article, the notation “Service Terminated”; or

(d) if released under Item 3, 4 or 5 of the table to this article, the notation “Honourably Released”.

 

[IceQ]

Correct, and thank you MJP. I'm intending the wording "grey area" to relate to the perspective of the Visa Interviewer/approval procedure and how some of the release categories might be viewed (by them as they are not military employees). Will the interviewer take the definitions above straight up? Would it be beneficial to take a copy of the QR&O to the interview for reference? Could the Visa Interviewer possibly regard those categories as an obstacle to approving a US Visa. I've seen four other people on other discussion platforms expressing deep concern that their 5d, 5f's or 2b would be something that would cause thier US Visa to be declined. Myself I'm considering the possibility that I would like to marry an American, and have a 5d (stemming from a combination of severe domestic problems and grave family illness that heavily impacted my capabilities).

 

[KevinB]

Can you give a little more background.

Honorable Releases are just that, INS doesn’t care beyond that.

1) If you are a Canadian citizen, you can stay in the USA for 180 consecutive days without a visa.

2) If you are married to an American citizen, and you have been in the USA for over 90 days you can apply for change of status to Permanent Resident, and get a green card based on that.


From experience, my recommendation would be to get married in the USA, then apply for change of status* that is assuming the person you are engaged to is an American citizen.



When my wife and I got married, we did our honeymoon in Aruba, and when we returned I got my passport stamped with a restriction making me need to leave within 90 days as they didn’t want me gaming the system with a change of status like the above.

Which is problematic as if your applying from Canada as a spouse they aren’t going to let you come into the USA with the standard Canadian non visa exemption.

I ended up coming down here on a NAFTA Employment Visa, and did my change of status after I’d been down for 120 days or so.