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?

SPC Private RallyPoint Member — Fri, 02 Jun 2023 11:23:42 -0400

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.

Response by MAJ Ken Landgren made Jun 2 at 2023 11:57 AM

MAJ Ken Landgren — Fri, 02 Jun 2023 11:57:22 -0400

I may be wrong but my gut feeling is no because the cause for the separation is not the army’s doing.

Response by CSM Darieus ZaGara made Jun 2 at 2023 12:16 PM

CSM Darieus ZaGara — Fri, 02 Jun 2023 12:16:30 -0400

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.

Response by COL Randall C. made Jun 2 at 2023 12:37 PM

COL Randall C. — Fri, 02 Jun 2023 12:37:10 -0400

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

Volume_07a.pdf

Response by SSgt Christophe Murphy made Jun 2 at 2023 1:57 PM

SSgt Christophe Murphy — Fri, 02 Jun 2023 13:57:43 -0400

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.

Response by SGT Ruben Lozada made Jun 6 at 2023 5:57 PM

SGT Ruben Lozada — Tue, 06 Jun 2023 17:57:57 -0400

Good afternoon SPC Private RallyPoint Member. Excellent post. Thanks for sharing this Specialist. Since this is a rare case and no convenience to the Army, the answer would be no. The Army doesn't warrant this as entitled to FSA pay. This is what I found as well: Army service members with dependents who serve an unaccompanied tour of duty or are away from their homeport may be entitled to a Family Separation Allowance (FSA) of up to $250 a month.The allowance is payable to any officer or enlisted member of the Army who meets all the following criteria: (1) is serving on active duty and receiving BAS.1 (2) has a gross household income that would make the member eligible for assistance under the U.S. Military pay will see a 4.6% increase for 2023 compared to 2022 levels, after President Joe Biden signs the new rate into law. Military pay tables apply to active members of the Navy, Marine Corps, Army, Air Force, Coast Guard, and Space Force.

Response by MAJ Byron Oyler made Jun 8 at 2023 11:30 PM

MAJ Byron Oyler — Thu, 08 Jun 2023 23:30:45 -0400

You should not need a green card, it is a visa you are looking for. Those take around six months and the green card process starts later.