I'm posting this after my recent experience with the Paris embassy regarding my student carte de séjour, just in case others in the same situation will find it helpful.
I'm a USC married to a Frenchman and residing in France for a year now on a titre de séjour temporaire mention étudiant. Even though the embassy's website specified that students could not file at the embassy, since I had been in France for over six months (their required residency period for doing DCF) I figured that I still had a chance.
After faxing and telephoning, I finally found my answer: the temporary student status, even if the individual has resided in France for years, is the disqualifier. They have since updated their website to precise this.
Full Version: DCF in Paris -- Answers about Student Status
VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > Direct Consular Filing (DCF) General Discussion
Ok, wow. I am definitely not beginning this immigration process on a good start. After I got the news that I stated above, I searched for how to change my carte de séjour ("temporary green card") to a spousal ("famille et vie privée") rather than a student one (which, as I said, they won't accept).
Here at our Préfecture, I just need to go with my spouse and a few essential documents and I will be granted on the spot a carte de séjour as a spouse of a French citizen rather than a foreign student. According to our Embassy's website, this should not present a problem. Said carte will also have the date of my entry into france (15-6-06) to verify that I have been residing here at least six months, as per their requirements.
My husband just got off the phone with them, making sure this new carte would do the trick, when they told him that we still cannot do DCF because I came to France originally as a student and that they do not permit students to file DCF. I feel as if this is highly unfair and has nothing to do with the law, and that if I would've avoided telling the embassy that I was here on a carte de séjour étudiant that they would permit our case without a second thought, since it satifies all other criteria on their website.
I would just like advice what to do next, because I truly feel that we have the right to file DCF in Paris (with my new spousal card). Any advice or Paris-based attorney recommendations will be greatly appreciated!
Here at our Préfecture, I just need to go with my spouse and a few essential documents and I will be granted on the spot a carte de séjour as a spouse of a French citizen rather than a foreign student. According to our Embassy's website, this should not present a problem. Said carte will also have the date of my entry into france (15-6-06) to verify that I have been residing here at least six months, as per their requirements.
My husband just got off the phone with them, making sure this new carte would do the trick, when they told him that we still cannot do DCF because I came to France originally as a student and that they do not permit students to file DCF. I feel as if this is highly unfair and has nothing to do with the law, and that if I would've avoided telling the embassy that I was here on a carte de séjour étudiant that they would permit our case without a second thought, since it satifies all other criteria on their website.
I would just like advice what to do next, because I truly feel that we have the right to file DCF in Paris (with my new spousal card). Any advice or Paris-based attorney recommendations will be greatly appreciated!
QUOTE(mariaboismain @ May 4 2007, 09:19 AM) 
I feel as if this is highly unfair and has nothing to do with the law, and that if I would've avoided telling the embassy that I was here on a carte de séjour étudiant that they would permit our case without a second thought, since it satifies all other criteria on their website.
Well, there is no 'right' to DCF. At all. Wish you luck though.
definately stinks...
i take it you got married while you were in France in the last year?
Have you checked the USCIS office in the states where you would have to file and how fast or slow they process?
Are you wanting to leave for the US ASAP?
If you have the money, you can risk applying in Paris and maybe be rejected, which shouldn't have any effect on applying in the US again thereafter. I doubt the embassy could establish that you came as a student if you don't tell them, especially if you were married before you came. If you were married in the last year. of course the question would arise why you came in the first place and what visa you were on.
If you have enough time to wait for the processing in the US, I would definately check that out. By now I wish we had filed in the US.
i take it you got married while you were in France in the last year?
Have you checked the USCIS office in the states where you would have to file and how fast or slow they process?
Are you wanting to leave for the US ASAP?
If you have the money, you can risk applying in Paris and maybe be rejected, which shouldn't have any effect on applying in the US again thereafter. I doubt the embassy could establish that you came as a student if you don't tell them, especially if you were married before you came. If you were married in the last year. of course the question would arise why you came in the first place and what visa you were on.
If you have enough time to wait for the processing in the US, I would definately check that out. By now I wish we had filed in the US.
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