Best option to get married and keep travelling

[Anna87 0]

Hi,

I am a US citizen living in the US and have recently become engaged to my boyfriend of two years, a French citizen who has been living and working in France for the past year. What we would like to do is get married soon and then have him return to France to continue work while until he receives the green card that will allow him to work in the US and live with me. We’d also want him to be able to visit me in the US while we wait. It seems like we have three options moving forward:

1) We use the K1 visa

2) We get married in the US while he is here on a tourist visa, and we apply for a K3 visa

3) We get married in France, and we apply for a K3 visa

From what we have understood though, the K1 visa seems very limited in terms of travels. He cannot wait for the AP to be approved after marriage as he needs to go back to France for his job.

So if we want to use the K3 visa, it raises 2 questions:

- what are the risks if we get married while he is on a tourist visa? (knowing that he has no intent to stay in the US after we are married and before he gets the green card, but is willing to come visit me in the meantime). Is this likely to make it more difficult for him to get the K3 visa since we did not use the fiance visa?

- would it preferable to get married in France instead? It seems like there is a lot more paperwork to do so. Plus getting married in the US might ease/speed up the process for the green card application?

Does anyone have some advice for what we should do?

Thank you so much in advance!

[canadian_wife 1,831]

http://www.visajourney.com/content/compare

See the link

First things first, drop the K3 from your vocabulary. It's been obsolete for the past 2 years. Although technically on the USCIS books, NVC will close it.

Secondly, for your situation, having him return to France after the marriage, a Cr-1 spousal visa is for you. Perfectly legal to come to the US, marry, then leave

Good luck

[Hypnos 6,579]

K-3 visas are rarely issued now, and are usually administratively closed if you apply for them.

Your options are:

• File for a K-1 visa, have him move to the US once approved, marry and then file for AoS. This is the most expensive option.
• Get married in France (or anywhere else outside the US) and then file for a CR-1 visa. This immigrant visa automatically grants a green card on entry.

Both take roughly the same amount of time to process (~8 to 10 months) so there is not really any material gain choosing one over the other, time-wise.

It really boils down to whether you want to get married in the US or outside the US. During the processing time (of either the K-1 or the CR-1) he can visit you in the US in the normal way, using the Visa Waiver Program that French citizens are able to use.

The "cleanest" option is the CR-1 because of the aforementioned automatic green card, whereas you have to adjust status after entry on a K-1 and that can take up to a year by itself. It's really up to you, though.

Edited September 10, 2012 by Hypnos

[Anna87 0]

Thank you for your helpful answers!

I did not realize that the K3 visa is obsolete. OK, so we either get married in the US (while he is on a tourist visa), or outside the US, and then file for a CR-1.

However

- The comparison page says "The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed."

- Hypnos says "During the processing time (of either the K-1 or the CR-1) he can visit you in the US in the normal way, using the Visa Waiver Program that French citizens are able to use."

What is true? (no offence Hypnos! =) Can he comes visit me during the 8-10 months of the process? When he uses the Visa Waiver Program he is supposed not to have any intention to immigrate in the US, which is not really the case if there is a CR-1 in process, no?

Thanks again

[Hypnos 6,579]

He can visit you in the US, although he may need to show ties to France (lease; mortgage; enrollment in university; employment; etc.) since he will have demonstrated immigrant intent by you filing the petition for him.

You can also have him carry a copy of the NOA (for either the I-129F petition for a K-1, or an I-130 petition for a CR-1) which can often indicate to CPB that you are trying to do the right thing and will not simply remain and adjust status in the US.

Most of the time you will simply be waived through the border with no further explanation needed, however; especially from a Western country such as France.

Edited September 10, 2012 by Hypnos

[Anna87 0]

OK, that sounds like the way to go then! =)

Thank you!

[Gary and Alla 3,696]

Thank you for your helpful answers!

I did not realize that the K3 visa is obsolete. OK, so we either get married in the US (while he is on a tourist visa), or outside the US, and then file for a CR-1.

However

- The comparison page says "The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed."

- Hypnos says "During the processing time (of either the K-1 or the CR-1) he can visit you in the US in the normal way, using the Visa Waiver Program that French citizens are able to use."

What is true? (no offence Hypnos! =) Can he comes visit me during the 8-10 months of the process? When he uses the Visa Waiver Program he is supposed not to have any intention to immigrate in the US, which is not really the case if there is a CR-1 in process, no?

Thanks again

Hypnos is correct BUT he will have to bring evidence he intends to return to France after his visit (proof of employment, round trip ticket, etc)

It means he is not supposed to have an intent to immigrate to the US ON THAT ENTRY, not at "any time in the future"

[Darnell 8,480]

if he is a french citizen, holding a french passport, is very possible to come to usa to get married, on the VISA WAIVER PROGRAM. File an ESTA thingie online, and see what happens. If it's approved (most are) then it's easy for him to come to USA and marry with you.

He must return to France before that 90 day window expires (from the VWP thingie) but

once you guys are married, is great time right after to set up those JOINT thingies referenced in the I-130 instructions, before he returns to France.

After marriage, also, file the I-130... He can still transit back and forth before the interview date..

Good Luck !

ps - if he is simply a 'resident' in France, and holds citizenship from some other country - his PASSPORT Country Rules apply, for getting into the USA..

[Anna87 0]

Thanks for the advice!

Yes he already is in the visa waiver program: he came in the US about 30 times in the past 2 years. Plus he had the F-1 and J-1 visas prior to that.

He will work on getting all the appropriate evidence that he intents to come back to France, and we will prepare all the joint things we need to fill up as well, good idea Darnell

Thank you all guys!

[Ivy. 113]

I guess I just got lucky, because I did not bring any evidence of returning to my home country to POE.

I have been to the US 3 times on three B-2 (tourist) visas prior to getting married. Then I married the USC in my country and flew to the US not even a month after the wedding on my third B-2 visa which is valid for 10 years. We have not started the process for IR1/CR1 yet as it clashes with our current plans. I was frank with the ICE officers at POE and said I was visiting my husband, no, we did not file for my visa because I want to get a master degree in my country (for free), yes, we will do it at some point in the future, yes I will have a nice time, thank you.

With your boyfriend being from France, the whole experience should be easy for you guys. Just make sure both of you understand this process well and use VJ guides and wiki! Good luck!

[bigdog 377]

Congratulations and good luck.

[didopage 337]

As already said, get married (in the US or France preferably), have him return to France and file for a CR-1 spousal visa.

Looks like being able to work in France and then in the US is a strong factor for him. If you choose the K-1 route, your fiance will be at least 2-3 months without being able to work in the US: you will have to get married and then file for a work authorization (EAD), which takes 2-3 months to get approved, and he will be basically "stuck" in the US. He won't be able to leave the US until he has an AP (advance parole = travel authorization) in hand. AP and EAD takes the same time as it is a combo-card. So with the K-1, the fiance(e) (then husband/wife) has a period of inactivity of at least 2 months...

With a spousal visa, he will become a permanent resident as soon as he enters the US, and so, will be able to work. The green card should come automatically a few weeks after his entry.

Just to clarify: the green card won't come in his mailbox in France... It will come in your US mailbox after he enters the US with a spousal visa.

Edited September 11, 2012 by didopage

[Anna87 0]

If you choose the K-1 route, your fiance will be at least 2-3 months without being able to work in the US: you will have to get married and then file for a work authorization (EAD), which takes 2-3 months to get approved, and he will be basically "stuck" in the US. He won't be able to leave the US until he has an AP (advance parole = travel authorization) in hand. AP and EAD takes the same time as it is a combo-card. So with the K-1, the fiance(e) (then husband/wife) has a period of inactivity of at least 2 months...

Yes that is what I read and we want to avoid. With the K-1 he would be stuck in the US for a while after the wedding.

I was just afraid that with the CR-1 he would also be stuck abroad and won't be able to come and visit during the processing time, but it seems like it is not the case after all!

[didopage 337]

I think there are as much "risks" as with taking the K-1 route. Just have him take lots of proofs of his intending return to France (having a job and so a letter from his employer would be great, return ticket, ... among other proofs). Give him also the "notice of action" from the USCIS that you, the US citizen, will receive after you will have sent your I-130 petition package. If he is questioned at the airport about having a wife in the US, he can show proof that you guys are doing things the legal way (meaning filing for a spousal visa, and not intending to immigrate through the VWP).

There's always a risk to be denied by the officer, but telling the truth and having proofs supporting it helps a lot to convince.

[Harpa Timsah 13,263]

Make sure he was not subject to the 2-year HRR on his J-1 visa or if he was, that he has completed his time at home. Good luck! (Another vote for CR-1 and yes he can visit).