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groomit

Moving to US n applying for K-3 ??

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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 (L) .

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... :wacko: ...this is :help: call ...

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

Groomit

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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!


K-1 Journey

3/09/06 K-1 petition sent to Vermont

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4/17/06 NOA2 Approved!!!!!!!!!!!!!!!!!!!!!!!

4/21/06 NVC received/ Sent to Paris

5/06 returned to NVC, je ne sais pas pour quoi

7/6/06 IMBRA RFE

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8/18/06 NOA 2 Reapproved!!!!!!

9/12/06 Packet 3 arrived

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AOS/EAD Journey

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7/2/2007 Green Card Received!!!!!!!!!!!!

8/14/07 Baby Arrives 7:44pm

11/03/07 "It's a Family Affair" wedding

I-751

4/28/09 mailed to Vermont

5/11/09 receipt letter, I-751 received by VSC

6/12/09 biometrics Baltimore

8/4/09 approval letter

8/11/09 email, card will be sent within 30 days

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Filed: AOS (pnd) Country: Thailand
Timeline

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

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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

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

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Filed: K-3 Visa Country: Sweden
Timeline

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.

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

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.


I-130

2005-09-23 Sent I-130.

2005-10-05 I-130 NOA1

2006-02-19 *touched*

2006-02-21 RFE

2006-03-09 RFE received by CSC

2006-03-29 I-130 NOA2

2006-03-31 *touched*

2006-04-01 *touched*

2006-04-12 NVC assigned case number

I-129F

2005-11-18 I-129F Sent

2005-11-29 I-129F NOA1

2005-12-27 I-129F RFE :(

2006-01-13 I-129F RFE Reply sent.

2006-01-25 *touched*

2006-01-26 I-129F RFE received

2006-04-04 *touched*

2006-04-04 NOA2 **approved!!!**

2006-04-20 NVC assigned case number

2006-04-21 case forwarded to embassy

2006-04-26 packet 3 received

2006-05-02 packet 3 sent

2006-05-04 packet 4 received

2006-05-15 Interview in Stockholm **APPROVED**

2006-05-23 My sweetie is coming home!!

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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

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Filed: Timeline
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.

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Filed: Country: United Kingdom
Timeline
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

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.


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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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.

Ewww...do u mean that I should stay in US over these 3 months allowed by visa waiwer programm...even illegally... :blink: 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

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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.

Ewww...do u mean that I should stay in US over these 3 months allowed by visa waiwer programm...even illegally... :blink: 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

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.

Edited by john_and_marlene

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: K-3 Visa Country: Sweden
Timeline

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.


I-130

2005-09-23 Sent I-130.

2005-10-05 I-130 NOA1

2006-02-19 *touched*

2006-02-21 RFE

2006-03-09 RFE received by CSC

2006-03-29 I-130 NOA2

2006-03-31 *touched*

2006-04-01 *touched*

2006-04-12 NVC assigned case number

I-129F

2005-11-18 I-129F Sent

2005-11-29 I-129F NOA1

2005-12-27 I-129F RFE :(

2006-01-13 I-129F RFE Reply sent.

2006-01-25 *touched*

2006-01-26 I-129F RFE received

2006-04-04 *touched*

2006-04-04 NOA2 **approved!!!**

2006-04-20 NVC assigned case number

2006-04-21 case forwarded to embassy

2006-04-26 packet 3 received

2006-05-02 packet 3 sent

2006-05-04 packet 4 received

2006-05-15 Interview in Stockholm **APPROVED**

2006-05-23 My sweetie is coming home!!

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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


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: Timeline

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.

Ewww...do u mean that I should stay in US over these 3 months allowed by visa waiwer programm...even illegally... :blink: 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

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.

Edited by ET-US2004

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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

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

Groomit

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