marry in US then apply later for IR1/CR1?

[kenneme 2]

Greetings friends!

I am new to this site but excited already by all of the information and support in this diverse community! Thanks in advance for your help.

I am US citizen (by birth) my fiancé (we just got engaged in March 2008) is Algerian. We live together in France. I am finishing a Master's degree this December and then will be looking for work either in the US or in France, where I find a job will largely determine where we will be living for the next couple of years. My fiancé has a work permit / residency permit in France that has to be renewed every year and doesn't want to loose that. He has to be present and working in France so as not to give up his status here. He has visited the US once before on a tourist visa.

Here's my question: We would like to get married in the US in August 2009, but not yet move to the US - meaning he would just come for the wedding and then come back to France. Is it possible? Can we then apply for the DCF or spouse visa, say, a year or two later when we decide to move to the US? How can he enter the US for just the wedding? If he enters the country on a fiancé K1 visa, get's married but then does not apply for residency at that time, and leaves before his 90 days are up, would it limit his chances to apply for residency later on?

Any help is most appreciated!! Thank you so much / Saheid!

[Army_Wife 2]

Please contact Paris Heart on here as she is also married to an Algerian who is in France.

She may know what the implications of visiting the US for your Husband are.

In the meantime, whatever you do, if you can apply DCF, do it .... waiting for USCIS is probably one of the worst experiences in the world.

Sorry I've not been of specific help, but hopefully Paris will be able to shed some light on your situation.

Sarah x

Edited May 20, 2008 by KipandSarahJayne

[Delicia 1]

I don't see anything wrong with your plan other than it may be difficult for your fiance to get a visa to enter the U.S. temporarily.

[pushbrk 12,157]

I don't see anything wrong with your plan other than it may be difficult for your fiance to get a visa to enter the U.S. temporarily.

That's how I see it. DCF is the way to go when you're ready to reside in the USA but whether the Algerian fiance(e) would get a tourist visa is questionable.

[kenneme 2]

Thanks so much! That's helpful. I was mainly just worried that it would be viewed as 'dishonest' to enter with the intent to marry on a tourist visa - but if he doesn't have the intent to immigrate, it sounds like he would still be considered a non-immigrant and the tourist visa would be ok in that case.

Thank you all for your input!

Ok - good to know! Thank you. He got a tourist visa to come visit in March and that was no problem, so hopefully he could get one again next year without too much hastle!

[pushbrk 12,157]

Thanks so much! That's helpful. I was mainly just worried that it would be viewed as 'dishonest' to enter with the intent to marry on a tourist visa - but if he doesn't have the intent to immigrate, it sounds like he would still be considered a non-immigrant and the tourist visa would be ok in that case.

Thank you all for your input!

Ok - good to know! Thank you. He got a tourist visa to come visit in March and that was no problem, so hopefully he could get one again next year without too much hastle!

Yes, I would expect that if he's already come and gone, he'll be allowed to come again but I wouldn't mention anything about a wedding in the visa application. A more generic answer like visiting family and friends or simply "pleasure" would be truthful without being specific.