Posted on Jun 2, 2023
Can I get separation pay if my family had to start the Green Card process and weren't allowed to enter the US until the process is completed?
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Hello, I have a question regarding family separation pay. Our situation is my wife, and step-son are German Nationals. I was living in Germany with my family, and recently went on active duty. I got stationed at Fort Stewart in Georgia. They were not able to travel with me because they weren’t citizens of the US. My question is are we entitled Family Separation pay if my wife and kids had to start the Green Card process, and they were not allowed to enter the US until the process was complete? In this situation we were involuntarily separated..
Thank you in advance, and best regards.
Thank you in advance, and best regards.
Military Pay
Military Family
Family
Posted >1 y ago
Responses: 6
No. The FMR (DoD 7000.14-R*, para 4.1.8) specifically states that no entitlement accrues if the dependent is authorized travel by government expense but is not eligible under immigration laws for entry into the United States.
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* Volume 7A of the DoD's Financial Management Regulation - https://comptroller.defense.gov/Portals/45/documents/fmr/Volume_07a.pdf
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* Volume 7A of the DoD's Financial Management Regulation - https://comptroller.defense.gov/Portals/45/documents/fmr/Volume_07a.pdf
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MAJ Ken Landgren
COL Randall C. It’s obvious that you have researched many facets of the army and the military.
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CPT Lawrence Cable
COL Randall C. - Ah, so it like being in IT. I don't know any more about IT than you, but I know where to google the answer quicker. That makes me the IT specialist.
It's surprises me that I probably answer more question about stuff that came across my desk as S-1. I try to be very careful since it's been more than a couple of decades since I did that job. However, the Army doesn't make radical changes very often.
It's surprises me that I probably answer more question about stuff that came across my desk as S-1. I try to be very careful since it's been more than a couple of decades since I did that job. However, the Army doesn't make radical changes very often.
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COL Randall C.
CPT Lawrence Cable - IT is probably a bad example since I spent ~20 years of my career doing Cyberspace operations along with various degrees and certifications ... but I get your meaning. ☺
Having your black-belt in GoogleFu helps, but mostly it's knowing the overall processes and what information is contained where. For example, with the OP question, I knew that anything and everything that DoD does regarding pay/travel entitlements is usually in the FMR, so I started there.
Having your black-belt in GoogleFu helps, but mostly it's knowing the overall processes and what information is contained where. For example, with the OP question, I knew that anything and everything that DoD does regarding pay/travel entitlements is usually in the FMR, so I started there.
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CPT Lawrence Cable
COL Randall C. - I actually ended up on the AutoCad/Design/Engineering side of the computing world. I'm sure having to deal with configuration and scripting of CAD based estimating systems is punishment for some past sins. However, dealing with CAD gave me more than average experience with IT. If I blew something up, it was almost never solvable by the gate keeper that answered the phone, so developing skills to navigate as quickly as possible around the people reading off the script could be a challenge. Old Engineer Captains aren't exactly known for patience.
Yes, knowing were to start from my S1 days helps a lot and today it's a lot easier to google that instead of reading though the AR or FM to find it.
Yes, knowing were to start from my S1 days helps a lot and today it's a lot easier to google that instead of reading though the AR or FM to find it.
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Separation pay is usually for hardship such as forced deployment like Combat. Your separation is voluntary, whether you see that or not. I don’t understand why you don’t start the Green Card process. It requires medical screening and a trip or two to the Embassy as I recall. None the less, unless your spouse cannot pass screening she is all but automatic for approval. As for your step son it depends on his age and other factors. If he is a juvinial the prospect is the same, all buy automatic. If your spouse has a separation agreement with the child’s father that is the. Another situation all together.
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I don't believe so but you are more than welcome to bring it up your chain. I would recommend doing your research, unless you have an applicable order to policy to reference you might not get much attention. The big question that will be directed towards you will be "What is their green card status or why haven't they started the process?". You can't claim the Army caused unnecessary complications when your paperwork isn't in order. Your separation isn't an Army issue as much as it is an immigration and customs issue.
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