Hi all,

I'm a french citizen currently living in FRANCE, my wife is US citizen and currently living in US.
We got married in CHICAGO on oct 2005 .

We're going to apply for K-3 spouse visa .

QUESTIONS :
-is it a good idea for me to stay in US, so we could be together and then my wife would apply for K-3 spouse visa ?

-in that case, would i have to come back to FRANCE within the period of 3 months (visa waiver program) or would i get the right to stay in US (K-3 processing)??

-or should i apply for a B-2 tourist visa so i could stay longer ?

I'm still doubtful about how to proceed... ...this is call ...

Any piece of advice will be greatly appreciated and thx a lot for sharing yr experience in this matter.

Groomit

Salut Groomit,
Bienvenue a VJ! I am new in this forum too. My fiance lives in France and we are applying for a K-1 Visa. I am sure how you should proceed, but I am sure that some of the veteran VJers can answer your questions better. I do know that if you do the K-3, you would have to go back to France to get it. We didn't have any luck with the B-2 tourist visa for my fiance. It took him 3 months to just get an interview at the Paris embassy, only to be denied the tourist visa. I would spend 3 months in France and return to the US and go back. Not the ideal.

Anyway, Bon Chance!

Hi Groomit,

I'm confused.. first you say "I'm a french citizen currently living in FRANCE", then you say "is it a good idea for me to stay in US". Where you physically are now will determine which options are available to you.

Ty

K3 visa process

You'll have to do it while you're over there. Don't bother filing for a B2. Seeing that you have intent to immigrate to the US, you are not eligible for a B2. Even the VWP may be tricky with a USC spouse.

Good Luck!

Well, i'm phycally living live in FRANCE...But i'm planning to move over there (US) and stay with my wife.
Then, she will apply for K-3 spouse visa.
That's the reason why im asking if staying in US would be any help...

But that also means i have to go back to FRANCE within period of 3 months (visa waived) ???


Groomit

Has your wife petitioned for a CR-1? She needs to do that first. Once you have the NOA1 she can petition for a K-3 for you. Once she has petitioned you can attempt to visit, however there is a chance of being denied entry at the POE at which point you spent quite a bit of money and didnt get to see your wife.




When you go to enter the US, they will ask you how long you are staying. I do not suggest lying. If you tell them you are moving there and do not have the visas you will get denied entry. You have to get the visa before you move.

Ewww...i may make a mistake talking about K-3.

Actually on GUIDES section - Immigration guides for spouse or fiance , a special process is dedicated for people in our case (Guides if you are married, US citizen and spouse live/reside in US).

According to this guide, we have go thru I-130 petition. AM I RIGHT ???

ANYONE THAT HAS KNOWLEDGE IN THIS CASE ???

While I-130 is processing, can i stay in US over 3 months ?


Thx a lot for yr help.


Groomit

Yes, the I-130 is what needs to be filed first. The I-130 in and by itself earns you no right to enter and/or stay in the US. Once it is pending, it may actually be impossible for you to enter the US as a non-immigrant (other than a K3) as the I-130 clearly documents your immigrant intent.

If it were me in the same situation, I would have the USC come to France and file I-130 via DCF and none of this would be an issue.
But that's me.

Groomit, read the DCF Guide as well.

[/quote]
Yes, the I-130 is what needs to be filed first. The I-130 in and by itself earns you no right to enter and/or stay in the US. Once it is pending, it may actually be impossible for you to enter the US as a non-immigrant (other than a K3) as the I-130 clearly documents your immigrant intent.
[/quote]

Ewww...do u mean that I should stay in US over these 3 months allowed by visa waiwer programm...even illegally... if we don't want to be apart for years ???

I also read in GUIDES section that EAD could be issued in same day when filling petition at a CIS office. In this VERY optimistic case, does EAD allows me to stay in US ???

I'm sorry...but I have basket of QUESTIONS...


Groomit

[quote name='groomit' date='Feb 28 2006, 12:25 PM' post='51177']
[/quote]
Yes, the I-130 is what needs to be filed first. The I-130 in and by itself earns you no right to enter and/or stay in the US. Once it is pending, it may actually be impossible for you to enter the US as a non-immigrant (other than a K3) as the I-130 clearly documents your immigrant intent.
[/quote]

Ewww...do u mean that I should stay in US over these 3 months allowed by visa waiwer programm...even illegally... if we don't want to be apart for years ???

I also read in GUIDES section that EAD could be issued in same day when filling petition at a CIS office. In this VERY optimistic case, does EAD allows me to stay in US ???

I'm sorry...but I have basket of QUESTIONS...


Groomit
[/quote]


Entering the U.S. on the VWP or with any non-immigrant visa except the K1 with the intent to marry and stay is illegal. You would be misusing the VWP or non-immigrant visa for intentions of immigrating. This type of adjustment is only legal if you were already here, having entered without immigrant intent. Since you are not currently in the U.S., you don't qualify. You must now seek either the K1 visa or one of the other marriage-based immigration visas.

I don't think that anyone recommended that you do something illegally. There are a lot of us here who do not live with our spouses. We would not do that if it were not part of the process. If your wife can move to France, she can apply there. It does appear based on the embassy website that she needs to move there in order to file DCF.

http://www.amb-usa.fr/consul/iv/categories/default.htm

The other option is for her to petition on your behalf at the service center that processes I-130 applications for her state.

Now that you have decided to marry and immigrate to the U.S.:

What you CAN do:


1. You can come here on the VWP and get married, but you'll have to leave before your I-94 expires and then your spouse can file for K-3/CR1.
2. Your spouse can file for K1 and you can wait to come here and get marred (you may or not be admitted for visits on the VWP during this time)
3. You can marry outside the U.S. and then your spouse can file for K3/CR1 and wait for that processing (you may or not be admitted for visits on the VWP during this time)
4. You can marry outside the U.S. and possibly do the Direct Consular Filing.

What you CANNOT do:

Enter on the VWP, marry, and adjust status without leaving

Where have I said that? As the foreign spouse of a USC currently residing overseas, you may not have the option to enter the US at all until you obtained a proper visa. That proper visa would either be a K3 or a CR1/IR1. Both take time to process. Chances are that you will be spending that time over there in France as you are likely to be refused a B2 and potentially refused entry under the VWP seeing that you clearly are an intending immigrant.

We alredy got married on october 2005 in CHICAGI, IL...

Groomit

Can yo just clarify whether you are in the US at this point? If you are, did you return to France after marrying in IL this past October and then come back here on the VWP as a USC spouse? You're all over the map with your posts...

[/quote]
Can yo just clarify whether you are in the US at this point? If you are, did you return to France after marrying in IL this past October and then come back here on the VWP as a USC spouse? You're all over the map with your posts...
[/quote]

Humm...sorry to make all people get confused about my case .

Here's our situation :

Me : french citizen, still residing in PARIS, France.
My wife : US citizen, still residing in CHICAGO, IL US.

During my second stay in US, we got married in CHICAGO, IL on october 2005.
Came back to FRANCE after marriage.

At this moment, i'm still living in FRANCE.

Next trip to US schedulled on april, 2006.

Just for info : received 2 days ago the trancription of marriage certificate made by France consultate in Chicago.


Hope this clarify a little bit about my situation .

Groomit

Your choices are narrowed a bit then.

What you CAN do:


1. Your spouse can file for K3/CR1 and wait for that processing (you may or not be admitted for visits on the VWP or a tourist visa during this time)
-- If you are admitted for a visit, you will have have to leave at then end of you authorized stay.
-- You will have to be in France for the consulate interview.
2. You may be able to have your spouse join you in France and do the Direct Consular Filing.

What you CANNOT do:

You can't enter the U.S. on the VWP or any visitor visa and adjust status without leaving.

As the alien spouse of a US citizen with intent to reside in the US, you cannot legally enter the US on the VWP. The CBP officer at the Port of Entry may refuse to admit you to the US. In fact, they are likely to do so unless you can convince them with solid evidence that you WILL NOT remain here and try and ajust your status. You gotta be prepared that there's a good chance that you will be detained and sent back if you try and come on the VWP. Personally, I wouldn't do it.

Contact the US Consulate in Paris and find out whether they'd entertain an I-130 if your wife was to file it with them. If they give their okay, that would be your fastest route to America. Your wife would have to travel to France to file for you in that case. Otherwise, have your wife file the I-130 asap with the USCIS and file an I-129F with the USCIS National Benefits Center once she has a receipt notice for the I-130. That'll get you on the road to obtaining a K3 visa. If done correctely, it shouldn't take but 6 months from start to finish.

Good Luck!

Thx All for sharing yr valuable experiences...

Well I understood that DCF seems to be the most appropriate and fastest route to US, at least concerning our situation.

1 - Did anybody use DCF processing at US Embassy in Paris FRANCE ?
According to this link, DCF is not officially processed (http://www.usaimmigrationattorney.com/DCFandnoDCFcountries.html)...

Anyway, i just mailed US Emabssy and asked about this question (thx a lot MEAUXNA for yr DCF guide !!)

2 - Do Embassy/consulate really care about sponsor income ?
Actually my wife has recently set up a retail business (flowers shop) and business is quite slow up to now.
That's the reason why i'm a little bit anxious about filling I-864.
Any feed back about I-864 welcome !!!

Just for info :
next trip on april 2006 (under VWP) is mainly to visit my wife. Back to FRANCE 2 weeks later.
We'll probably take advantage of this 3rd stay to meet USCIS office in CHICAGO, so it may be possible to clarify some questions (adjusting status?I-130? DCF?)


Groomit

Have a back up plan in case they deny you entry!!

That's not strictly true. You can't enter on the VWP with intent to adjust status during that visit. You can, however, VISIT your spouse.


That is true though, Groomit, and in fact fairly likely.

If you are admitted on the VWP, I would not recommend overstaying. Your best routes are either the CR-1 or the K3, and since I did neither of those I will leave it to those with experience to fill you in more.

Good luck with whatever you decide to do.

Visiting is not intending to reside. All I said is that entering the US under the VWP with the intent to reside here is not legally possible. Not sure why that would not be strictly true.

"With intent to reside" is a little vague in this case. Obviously Groomit has intent to reside in the US. The question is whether he intends to enter this time and adjust status, or whether he intends to visit, get a K3 or CR1 and THEN reside. "With intent to remain" might have been better wording.

See what I mean? I understand what you mean, but others might not.

Because we haven't started any immigration paperwork...I do hope that I haven't been yet recorded in any immigration system !!!
So I really hope there is none reason to deny me. ...but WHO KNOWS ????

Groomit

Entering on the VWP is NEVER a Guarenteed(sp?) entry But if asked questions always be honest......have a great trip!!

You may not be entered into any immigration computer, but you are married to an USA citizen residing in the USA,and the POE officer may find that enough to deny you, as he may think you are coming to stay!! Answer the questions honestly,but try not to add to much info if you know what I mean. I visited my wife monthly in DC, never had a problem. They would ask business or pleasure, I would say pleasure and was returning on so a so date, and that was usually the extent of it. But being Canadian may have made things easier. That was my experiences, take them for what their worth--not much, lol best of luck

Yes, answer only what they ask you.

For example, the correct answer to "Do you know the time?" is "Yes" or "No".

I'm glad the Guide was helpful to you; I do not think that Gary Bala's site is correct, but you've made the right step by contacting Paris directly.

The I-864 is going to be required no matter which method you choose for moving to the US. If your wife has a new small business that is not generating much income, she should begin now to find a Joint Sponsor to assist with your immigration.

I do not recommend that you go to the USCIS office in Chicago for advice about any of the topics you mention. They often do not know the information you're asking about and they are not responsible if they give you wrong information. If you have these kinds of questions that your own research can not answer, I suggest that you pay to meet with an immigration attorney.

Good luck!

Prior to us starting the immigration paperwork and prior to info pass, my wife went and visted the local immigration office in DC. It was first come first served. She arrived early in the morning, and waited till near closing, actually one of the last few they let in. When she finally got to speak to an immigration rep, they told her it would take years and years for me to get in. In short, pretty much everything they told her was incorrect!! Long day for nothing!!

Humm...I see : entry under VWP is like a lottery...we never know when/why we could be denied...

Just in case, which kind of proofs/evidences of real intention to go back home country POE officers usually trust/take account ?

Groomit

Read this thread... it'll give you an idea of what goes on...

http://www.visajourney.com/forums2/index.php?showtopic=58200

Hey is this the thread that should be pinned??^^^from the old forum??

Perhaps...

I am currently working on putting together a pinned message that can be reviewed before it is pinned... However, I do not necessarily wish for this specific thread to be pinned. I bring it out when I believe it may be of use.

What I understood of some Guides and posts, all searching to live with hubby, (with my english is not obvious), is basically that k visas do not allow to stay with hubby, (but have to wait outside) the possibility would be applying for AOS (Adjustement of status) once in the US and already married that allows to live with him/her there and while the process is pending. So, the AOS forum might also of some useful infos...Stop me if i'm wrong, but at least this is what i understood from the Guides....

know,
K visas let the immigrant come to the US for a *specific period of time*. Before that time ends, the immigrant has to do something to make that permission permanent.

Permission to stay permanently (Legal Permanent Residence) can happen a couple of ways; either by AOS/Adjustment of Status or with an Immigrant Visa.

If someone is outside the US, they can not AOS.
If someone is inside the US, they MAY be able to AOS.
If someone gets an Immigrant Visa, they don't need to AOS.

This may be a silly idea/question....and it must have been already posted in this forum !

-my wife is USC ...living in US

-me french citizen...still in FRANCE

Assuming that DCF in France is not available (wife not resident), K-3 visa taking FOREVER...etc...and we haven't started any petition :

CAN I GET A B2 VISA FOR A STAY OVER 3 MONTHS THEN APPLY FOR AOS IN US ???
WHAT DO THEY USUALLY REQUIRE FOR A B2 VISA???

ANY COMMENTS ??


GROOMIT

No.

I've answered you at the other board as well. Your WIFE needs to contact Paris to ask them if she can file with them. There are 2 contradictory statements on Paris' website and you have not said what webpages they emailed you---the one that says 'yes you can' or the one that says 'no you can't'.

All the yelling and protesting is not going to make the answer more clear: your wife must find out from the Consulate about the DCF.

It is illegal for you to come to the US on a VWP or B2 visa with the plan to immigrate.

[/quote]
There are 2 contradictory statements on Paris' website and you have not said what webpages they emailed you---the one that says 'yes you can' or the one that says 'no you can't'.
[/quote]

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Sorry for pasting full mail coz it takes much space with 3-4 usefull lines ([b]BOLD) !!!

They mentionned only K-3/K-4 visa but nothing about I-130 (DCF).

Every link on their reply goes to http://travel.state.gov/ and NOT to US Embassy in Paris-FRANCE.
I have been to US Embassy Paris web site though : NONE information about I-130 (DCF) and some links are not working.


Groomit

Hummmm..... ...i've FINALY found the right page on US Embassy Paris that talks about immigrant visa.

Here is the link :
http://www.amb-usa.fr/consul/iv/filingparis.htm


Filing in Paris

The U.S. Embassy in Paris can accept immigrant petitions from U.S. citizens in France who wish to petition any Immediate Relative (IR) or Family Based ( F) qualifying relative.

U.S. citizens not resident in France, filing for beneficiaries who are French citizens or French legal permanent resident, may either file their petition at their nearest USCIS office in the U.S., or file, in person, at the U.S. Embassy in Paris. Both the petitioner and the beneficiary must be present at the filing of the petition.

The Consular Section of the American Embassy in Paris accepts immigrant visa petitions on Fridays only starting at 9 a.m. Petitioners and beneficiaries must arrive at the Consular Section (2, rue Saint-Florentin; metro: Concorde) well before 9 a.m. in order to ensure entry (admissions begin at 7:30 a.m.). There will be no admissions after 9 a.m. Appointments are not granted and petitioners will be seen on a first-come, first-serve basis.

Sorry for running around and make people get confused about this topic

Just to double check with US Embassy in Paris, i will ask my wife to call them...Anyway we're preparing all paperworks for that issue (I-130).

Groomit

Firstly, groomit, I just want to make sure that you wouldn't read the above and think you should try to marry AGAIN in the US. DO NOT do it! I have heard that a 2nd marriage to the same person casts doubt on the legality of the first marriage. Anyway, I'm sure you understand this, but would hate for there to be any confusion regarding that advice.

The I-130 application is what you need to file first. From there, you can begin the K3 process, which should allow you to be reunited with your wife while the I-130 is pending approval. Unfortunately, as many of us have learned, you just cannot escape being separated during this period...it's a sad truth of the way the visa application process works. Just start as soon as possible and get it over with, is my only advice! Best of luck.

Didn't read his last post, did you? He and his spouse have the option of filing for his immigrant visa (petition and all) directly with the US Consulate in Paris. Much faster and better route than the K3. Unfortunately, it is available to spouses of non-foreign resident US citizens in a few select places only.

Good man, that's the one

Now, what gave me pause and why I said "contradictory statements" is this:
http://www.amb-usa.fr/consul/NIV.HTM
"Direct Visa Processing is no longer available."

While most of the info on that page is about non-immigrant visas, that phrase looks like a suspicious butchering of "Direct Consular Filing" which is not an official term. They may have picked it up from what petitioners and beneficiares were saying to them when they would call in---I'm just guessing.
But, I know that the visa unit in Paris is having some trouble right now, and they may have temporarily stopped accepting I-130s from USC who do NOT live in France. This is why it is very important for your wife to contact them before you make any plans.

Good luck and I hope you get the result that you want!

[/quote]
But, I know that the visa unit in Paris is having some trouble right now, and they may have temporarily stopped accepting I-130s from USC who do NOT live in France. This is why it is very important for your wife to contact them before you make any plans.
[/quote]

Meauxna, why do you make me HALF happy or HALF sad ??? JK...

It would be TOO much great that everything 's all right


groomit

Can't fight nature. Be very glad you're not married to me.

that gave me a chuckle

Poor yr husband. ..LOL...Actually I think he's very lucky and happy to be married with a very wise wife .

Latest news about our case :
- My wife called US Embassy Paris today,
- the agent that answered confirmed that I-130 is allowed at Embassy in Paris, but cannot answered
about if joint sponsor has to be present for 1st interview

I assume that Embassy only requires initial sponsor (wife) to be present n all joint sponsor's forms filled n complete with I-130.
CAN ANYBODY CORRECT ME ABOUT THIS QUESTION ?

We're now checking if we can make I-130 complete for end of March.


groomit

I did AOS through an I-130 petition stateside and I did not have to have the joint sponsor present, just my primary sponsor (my hubby). It may be different overseas, but I would think that it's just you and your spouse.

Good luck!

ewww...me AGAIN

In section "GUIDES", common visa interviews questions are posted...but nothing about I-130/DCF questions.

I guess that no matters which kind of interview, some questions remain similar...but if anyone had answered questions not already listed, plz feel free to post

Groomit

There's two parts to any immigrant visa process. The petition and the visa application.

The difference between filing the I-130 with USCIS here or at the US Consulate overseas makes the former process different. The visa application (and interview) itself is essentially the same whether you do a DCF or conventional I-130 filing.

Cheers!