My fiancé is in the army and we are getting married in a month. He is stationed in Elpaso Texas until Dec, then comes home to NY, then goes to school in Virginia from Jan to March and then is going to Germany for 2 years. What we want to know, is if I can go with him. Now, I have only been on probation for about 6 months. I understand that I am not allowed even a pass port for 5 years after my probation is completed.

Is it possible for me to go with my husband to Germany?

If I cannot go and he chooses to stay state side, how do I continue my probation and be with him where ever the army sends him?

I have asked my probation officer and she doesn't seem to know and referred me to my lawyer, who since my case was closed, wouldn't talk to me. Now his MCO he talked to explained that him being in the military, they are the government and it surpasses civilian law, so I would be able to go, and I would have to have a court date and there would be a process.

So what is my first step?

Who do I talk to to start the process?

I looked on a web site and got some phone numbers and talked to some one from the State Bar Association of Texas yesterday, he said he's been doing his job for 50 years and never dealt with this. He said I would have to get a judge on board with it, Im just not sure how to go about doing that.

If I can't go to Germany, and he can't have his orders changed to stay state side, can I stay with him after we are married, until he leaves?

Get an appointment with an attorney it will be well worth the consult fee..

... Now his MCO he talked to explained that him being in the military, they are the government and it surpasses civilian law, so I would be able to go, and I would have to have a court date and there would be a process.

So what is my first step?
...

First, your husband's MCO is mistaken. It's not a Federal issue. Your husband is in the military, but you are not. Whether the state (assuming you are on state as opposed to federal probation) allows you to transfer your probation is up to the state. If the state (Again, I am not sure where you were convicted. You talked to someone from the Texas Bar, but also mentioned your husband coming home to New York.) says "no", there is nothing the DOD can do about it.

Next, start by reading this (https://www.askmehelpdesk.com/criminal-law/how-transfer-probation-115783.html) sticky note.

Hello l:

As lawyer said, you have been given the WRONG information. You CAN get a passport NOW. There's no rule about waiting 5 years... You may not be able to USE it, but you can GET it. You CAN get your probation transferred to each state, but NOT over seas.

I don't understand your last question about staying with him until he leaves... Of course, you can...

excon

It often takes some time , up to several months to get probation transferred from one state to another, but it can be done. You will have to get permssion for the transfer every time he is transferred somewhere.

Next you can get a passport, but not a visa to enter many countries and probatoin can not be transferred to Germany, so you will not be going.

You can stay with him as long as he is state side. You need to ask your probation officer to have your probation moved to another state or to be lifted. My wife and I went through the same thing when I transferred duty stations. You may not be able to go with him to all the different states because of his school but if he stays in the states you should be able to go with him to his final post. The reason being you will be there for such a short time that it makes it hard to keep track of you. My wife's probation was not lifted but she has to check in via a letter every month until it is over. I hope this helps.