Repercussions of obtaining fiancé visa & then leaving the US

[ajune 0]

Hello there!

Sorry for the lengthy story, but I can't find the answer to my particular conundrum...

When my fiancé and I first started talking about the getting the fiancé visa, our plan was to live in the United States. I am graduating this coming spring and have held part-time jobs (as a research assistant, French tutor, non-profit organization administrator) over the past few years, and my fiancé (a French citizen) has a PhD in Linguistics and significant teaching/publication experience in France (university level)--so we figured we'd be able to get jobs here in the US.

However, judging by the experience of most of my friends (who have the same work experience, credentials, etc., that I do), no one is getting a job in the fields in which I am qualified to work. In addition, my fiancé has spoken to the American campuses of universities he's taught for in France, and they have not made any solid offers to transfer him here. They all wring their hands and tell him that they have fired a significant portion of their associate and adjunct profs, and that they would LOVE to hire him but they just "aren't sure yet." All that to say...

We are seriously considering moving back to France in the fall of 2010 after we (*fingers crossed*) get the fiancé visa (which should be close to February). My fiancé has a good, well-paying job that he loves in France, and I was thinking about enrolling in a masters program or teaching English. I know that in order for him to obtain a green card later on, we'd need to re-file for the spousal visa. That's not what I'm concerned about. My questions are the following:

1. Can my fiancé come back to the US to visit (using a visa waiver, for instance) after leaving in the fall? (I know he can file the one-time Form I-131 Application for Travel Document, but I'm wondering about later on--like Xmas visits and such.)

2. Does anyone know if I need to apply for a student visa in France (if I pursue a masters degree) or if I may stay in France legally as his wife (i.e. will the French honor an American marriage?--or do we have to get legally married in France for me to stay there as his wife?)

3. On the I-129F form, where it asks about the circumstances under which we met, I also included a spiel about "our plans for the future," which was suggested by this book. For the moment, I've just included our "US plans," and have excluded the bit about the POSSIBILITY that we might go back to France if we don't find jobs here. Should I put the possibility-of-returning-to-France part in, or will they think that is weird? (Because it is just a possibility at this stage.)

4. Lastly, if I want to have the option of going to French university to get a masters, I must fill out the paperwork pretty soon (even if we don't choose to return to France, it would be nice to have the option of going back to study). Will the fiancé visa folks find about it and think it is weird? Or is it valid (because it is true!!) that the US is in dire straits right now and France is looking better every day, and that a young couple who wants to have a smooth beginning to their marriage might want to go somewhere where their employment is guaranteed??

"So why don't you just move to France next year and not go through the pain of applying for the fiancé visa?" you ask... Well, #1 because it would be really wonderful to find a way to live and work here, and #2 because in that case we'd have to be, for all intents and purposes, separated until next fall!! And I'm sure you all know that that is not OK!

Thank you soooooo much for reading!!!

ajune

[Gary and Alla 3,694]

Hello there!

Sorry for the lengthy story, but I can't find the answer to my particular conundrum...

When my fiancé and I first started talking about the getting the fiancé visa, our plan was to live in the United States. I am graduating this coming spring and have held part-time jobs (as a research assistant, French tutor, non-profit organization administrator) over the past few years, and my fiancé (a French citizen) has a PhD in Linguistics and significant teaching/publication experience in France (university level)--so we figured we'd be able to get jobs here in the US.

However, judging by the experience of most of my friends (who have the same work experience, credentials, etc., that I do), no one is getting a job in the fields in which I am qualified to work. In addition, my fiancé has spoken to the American campuses of universities he's taught for in France, and they have not made any solid offers to transfer him here. They all wring their hands and tell him that they have fired a significant portion of their associate and adjunct profs, and that they would LOVE to hire him but they just "aren't sure yet." All that to say...

We are seriously considering moving back to France in the fall of 2010 after we (*fingers crossed*) get the fiancé visa (which should be close to February). My fiancé has a good, well-paying job that he loves in France, and I was thinking about enrolling in a masters program or teaching English. I know that in order for him to obtain a green card later on, we'd need to re-file for the spousal visa. That's not what I'm concerned about. My questions are the following:

1. Can my fiancé come back to the US to visit (using a visa waiver, for instance) after leaving in the fall? (I know he can file the one-time Form I-131 Application for Travel Document, but I'm wondering about later on--like Xmas visits and such.)

2. Does anyone know if I need to apply for a student visa in France (if I pursue a masters degree) or if I may stay in France legally as his wife (i.e. will the French honor an American marriage?--or do we have to get legally married in France for me to stay there as his wife?)

3. On the I-129F form, where it asks about the circumstances under which we met, I also included a spiel about "our plans for the future," which was suggested by this book. For the moment, I've just included our "US plans," and have excluded the bit about the POSSIBILITY that we might go back to France if we don't find jobs here. Should I put the possibility-of-returning-to-France part in, or will they think that is weird? (Because it is just a possibility at this stage.)

4. Lastly, if I want to have the option of going to French university to get a masters, I must fill out the paperwork pretty soon (even if we don't choose to return to France, it would be nice to have the option of going back to study). Will the fiancé visa folks find about it and think it is weird? Or is it valid (because it is true!!) that the US is in dire straits right now and France is looking better every day, and that a young couple who wants to have a smooth beginning to their marriage might want to go somewhere where their employment is guaranteed??

"So why don't you just move to France next year and not go through the pain of applying for the fiancé visa?" you ask... Well, #1 because it would be really wonderful to find a way to live and work here, and #2 because in that case we'd have to be, for all intents and purposes, separated until next fall!! And I'm sure you all know that that is not OK!

Thank you soooooo much for reading!!!

ajune

1. The I-131 AP is not a "one time" thing. It is for multiple entires until it expires (one year), so yes, with an AP he can visit all he wants.

2. Question for the French government.

3. Limit it to how you met. My description was two sentences.

4. The US does not care if you move back to France at a later date. If he is out of the US more than 6 months (or 12 months with an AP) he will lose his permanent residency. You will still be amrried and could apply for a DCF if you decide to return to the US at a future date. Once he is legally married to a US citizen he will always have the option of obtaining residency as long as he does nothing to disqualify himself

[ajune 0]

Amazing! Thank you! I didn't realize that you could enter and exit multiple times with the I-131. Thanks again!!

Hello there!

Sorry for the lengthy story, but I can't find the answer to my particular conundrum...

When my fiancé and I first started talking about the getting the fiancé visa, our plan was to live in the United States. I am graduating this coming spring and have held part-time jobs (as a research assistant, French tutor, non-profit organization administrator) over the past few years, and my fiancé (a French citizen) has a PhD in Linguistics and significant teaching/publication experience in France (university level)--so we figured we'd be able to get jobs here in the US.

However, judging by the experience of most of my friends (who have the same work experience, credentials, etc., that I do), no one is getting a job in the fields in which I am qualified to work. In addition, my fiancé has spoken to the American campuses of universities he's taught for in France, and they have not made any solid offers to transfer him here. They all wring their hands and tell him that they have fired a significant portion of their associate and adjunct profs, and that they would LOVE to hire him but they just "aren't sure yet." All that to say...

We are seriously considering moving back to France in the fall of 2010 after we (*fingers crossed*) get the fiancé visa (which should be close to February). My fiancé has a good, well-paying job that he loves in France, and I was thinking about enrolling in a masters program or teaching English. I know that in order for him to obtain a green card later on, we'd need to re-file for the spousal visa. That's not what I'm concerned about. My questions are the following:

1. Can my fiancé come back to the US to visit (using a visa waiver, for instance) after leaving in the fall? (I know he can file the one-time Form I-131 Application for Travel Document, but I'm wondering about later on--like Xmas visits and such.)

2. Does anyone know if I need to apply for a student visa in France (if I pursue a masters degree) or if I may stay in France legally as his wife (i.e. will the French honor an American marriage?--or do we have to get legally married in France for me to stay there as his wife?)

3. On the I-129F form, where it asks about the circumstances under which we met, I also included a spiel about "our plans for the future," which was suggested by this book. For the moment, I've just included our "US plans," and have excluded the bit about the POSSIBILITY that we might go back to France if we don't find jobs here. Should I put the possibility-of-returning-to-France part in, or will they think that is weird? (Because it is just a possibility at this stage.)

4. Lastly, if I want to have the option of going to French university to get a masters, I must fill out the paperwork pretty soon (even if we don't choose to return to France, it would be nice to have the option of going back to study). Will the fiancé visa folks find about it and think it is weird? Or is it valid (because it is true!!) that the US is in dire straits right now and France is looking better every day, and that a young couple who wants to have a smooth beginning to their marriage might want to go somewhere where their employment is guaranteed??

"So why don't you just move to France next year and not go through the pain of applying for the fiancé visa?" you ask... Well, #1 because it would be really wonderful to find a way to live and work here, and #2 because in that case we'd have to be, for all intents and purposes, separated until next fall!! And I'm sure you all know that that is not OK!

Thank you soooooo much for reading!!!

ajune

1. The I-131 AP is not a "one time" thing. It is for multiple entires until it expires (one year), so yes, with an AP he can visit all he wants.

2. Question for the French government.

3. Limit it to how you met. My description was two sentences.

4. The US does not care if you move back to France at a later date. If he is out of the US more than 6 months (or 12 months with an AP) he will lose his permanent residency. You will still be amrried and could apply for a DCF if you decide to return to the US at a future date. Once he is legally married to a US citizen he will always have the option of obtaining residency as long as he does nothing to disqualify himself

[EasternDE 35]

I'm not sure I understand the second question very well.

You're worried that if you got married in the US that will impact your visa here in France because you actually didn't get married in France?

You know, you could just get married in the USA, without K1, and that would entitle you to a residency card in France. Then later you could fill a DCF if you wish to go back to live in the US.

So if I understand it all, you're filling for a K1 to be together like 6 months next year and then go to live in France? I don't know but this looks like a waste of energy and money to me.

This is no judgement from me, but I'm not sure you're taking the easiest way there.

It'll take at least 3 months before your fiancé will be able to work, then he'll have to find a job for 3 months then go back to France...?

He could also just apply for a 6 months visitor visa, you're getting married in the US, you move together to France later, and the day you want to go to live in France you just apply for a DCF. Way cheaper and way easier.

Maybe I misunderstood something.

[ajune 0]

Hi! Thanks for your response.

Trying to clarify my 2nd question...

I was a student in France (when I met my fiancé), and I remember it was required for me to go through the whole student visa thing upon getting accepted to university. I'm just wondering... If I get accepted to a masters program, would I have to go through the whole student visa process, or could I just say, "Hey I'm married to a French guy, so I don't need the student visa." Something you said I didn't quite get though... If we got married in the US without the K1, wouldn't that be "abusing" the tourist visa? From what lawyers have told us, when you are a tourist you are supposed to be NOTHING BUT a tourist, and getting married on a tourist visa is a big no-no.

As to the expense thing: yes, you are right. It would be kind of silly to pay for (1) fiancé visa (2) Form I-131 (3) spousal visa... But I guess we figured that if we split the cost of everything, it would be worth it in order to be together sooner. And him not being able to work here isn't so much of a problem because he has savings and I have a good scholarship at school, etc.

Finally, I've never heard of the 6-month visa. It's the B-2 tourist visa, correct? Does anyone know what the process is to get that?

Thanks again for your help!!

I'm not sure I understand the second question very well.

You're worried that if you got married in the US that will impact your visa here in France because you actually didn't get married in France?

You know, you could just get married in the USA, without K1, and that would entitle you to a residency card in France. Then later you could fill a DCF if you wish to go back to live in the US.

So if I understand it all, you're filling for a K1 to be together like 6 months next year and then go to live in France? I don't know but this looks like a waste of energy and money to me.

This is no judgement from me, but I'm not sure you're taking the easiest way there.

It'll take at least 3 months before your fiancé will be able to work, then he'll have to find a job for 3 months then go back to France...?

He could also just apply for a 6 months visitor visa, you're getting married in the US, you move together to France later, and the day you want to go to live in France you just apply for a DCF. Way cheaper and way easier.

Maybe I misunderstood something.

[SCFsnoopy 0]

Hi! Thanks for your response.

Trying to clarify my 2nd question...

I was a student in France (when I met my fiancé), and I remember it was required for me to go through the whole student visa thing upon getting accepted to university. I'm just wondering... If I get accepted to a masters program, would I have to go through the whole student visa process, or could I just say, "Hey I'm married to a French guy, so I don't need the student visa." Something you said I didn't quite get though... If we got married in the US without the K1, wouldn't that be "abusing" the tourist visa? From what lawyers have told us, when you are a tourist you are supposed to be NOTHING BUT a tourist, and getting married on a tourist visa is a big no-no.

Not quite... you can marry on a tourist visa or VWP, the big no-no is that you must not marry and adjust status. Plenty of people marry in the US on a tourist visa - think destination weddings to Hawaii, Vegas, Florida... - but the idea is that if you do that, you're still supposed to leave (and if necessary, go through the proper immigration routes to move to and gain status in the US).

I'm not sure what your visa / residency options in France would be, and unless a French member has some specific advice, you probably won't find that answer on this site as VJ's members tend only have good knowledge on immigration routes to the US.

Have you thought about taking jobs outside of your fields? I know that seems like a waste of education, but plenty of people are having career changes until the economy gets back on its feet a little.

[EasternDE 35]

No, you absolutly can get married in the USA on a VWP visa. The only thing is he'll have to return once his visa is over, this is it.

That's what I'd do if I was you. And just juggle with tourist Visa until you move to France.

I really see no point on going thru the K1 visa and AOS process just to live in the US for 6 months...

You know K1 is just the first part, AOS (with Work Permit and Advance Parole) fee is 1.010$, right?

Once you're married you go visit the french Ambassy and ask for a residency visa for you.

You need to go with the residency visa in France, because a student visa won't entitle you to go thru a DCF process later.

Anyway I'm pretty sure it would be less hassle than getting a student visa.

Once you have the "Carte de Séjour", you can apply to the University you want et voilà !

Edited September 21, 2009 by EasternDE