Moving to US n applying for K-3 ??

[Mr. Big Dog 10,747]

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

Groomit

Can yo just clarify whether you are in the US at this point? If you are, did you return to France after marrying in IL this past October and then come back here on the VWP as a USC spouse? You're all over the map with your posts...

Edited March 2, 2006 by ET-US2004

[groomit 0]

Can yo just clarify whether you are in the US at this point? If you are, did you return to France after marrying in IL this past October and then come back here on the VWP as a USC spouse? You're all over the map with your posts...

Humm...sorry to make all people get confused about my case .

Here's our situation :

Me : french citizen, still residing in PARIS, France.

My wife : US citizen, still residing in CHICAGO, IL US.

During my second stay in US, we got married in CHICAGO, IL on october 2005.

Came back to FRANCE after marriage.

At this moment, i'm still living in FRANCE.

Next trip to US schedulled on april, 2006.

Just for info : received 2 days ago the trancription of marriage certificate made by France consultate in Chicago.

Hope this clarify a little bit about my situation .

Groomit

[john_and_marlene 162]

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

Your choices are narrowed a bit then.

What you CAN do:

1. Your spouse can file for K3/CR1 and wait for that processing (you may or not be admitted for visits on the VWP or a tourist visa during this time)

-- If you are admitted for a visit, you will have have to leave at then end of you authorized stay.

-- You will have to be in France for the consulate interview.

2. You may be able to have your spouse join you in France and do the Direct Consular Filing.

What you CANNOT do:

You can't enter the U.S. on the VWP or any visitor visa and adjust status without leaving.

Edited March 2, 2006 by john_and_marlene

[Mr. Big Dog 10,747]

Humm...sorry to make all people get confused about my case .

Here's our situation :

Me : french citizen, still residing in PARIS, France.

My wife : US citizen, still residing in CHICAGO, IL US.

During my second stay in US, we got married in CHICAGO, IL on october 2005.

Came back to FRANCE after marriage.

At this moment, i'm still living in FRANCE.

Next trip to US schedulled on april, 2006.

Just for info : received 2 days ago the trancription of marriage certificate made by France consultate in Chicago.

Hope this clarify a little bit about my situation .

Groomit

As the alien spouse of a US citizen with intent to reside in the US, you cannot legally enter the US on the VWP. The CBP officer at the Port of Entry may refuse to admit you to the US. In fact, they are likely to do so unless you can convince them with solid evidence that you WILL NOT remain here and try and ajust your status. You gotta be prepared that there's a good chance that you will be detained and sent back if you try and come on the VWP. Personally, I wouldn't do it.

Contact the US Consulate in Paris and find out whether they'd entertain an I-130 if your wife was to file it with them. If they give their okay, that would be your fastest route to America. Your wife would have to travel to France to file for you in that case. Otherwise, have your wife file the I-130 asap with the USCIS and file an I-129F with the USCIS National Benefits Center once she has a receipt notice for the I-130. That'll get you on the road to obtaining a K3 visa. If done correctely, it shouldn't take but 6 months from start to finish.

Good Luck!

Edited March 2, 2006 by ET-US2004

[groomit 0]

Thx All for sharing yr valuable experiences...

Well I understood that DCF seems to be the most appropriate and fastest route to US, at least concerning our situation.

1 - Did anybody use DCF processing at US Embassy in Paris FRANCE ?

According to this link, DCF is not officially processed (http://www.usaimmigrationattorney.com/DCFandnoDCFcountries.html)...

Anyway, i just mailed US Emabssy and asked about this question (thx a lot MEAUXNA for yr DCF guide !!)

2 - Do Embassy/consulate really care about sponsor income ?

Actually my wife has recently set up a retail business (flowers shop) and business is quite slow up to now.

That's the reason why i'm a little bit anxious about filling I-864.

Any feed back about I-864 welcome !!!

Just for info :

next trip on april 2006 (under VWP) is mainly to visit my wife. Back to FRANCE 2 weeks later.

We'll probably take advantage of this 3rd stay to meet USCIS office in CHICAGO, so it may be possible to clarify some questions (adjusting status?I-130? DCF?)

Groomit

[Flames9_RN 358]

Have a back up plan in case they deny you entry!!

[ChristinaM 0]

As the alien spouse of a US citizen with intent to reside in the US, you cannot legally enter the US on the VWP.

That's not strictly true. You can't enter on the VWP with intent to adjust status during that visit. You can, however, VISIT your spouse.

The CBP officer at the Port of Entry may refuse to admit you to the US.

That is true though, Groomit, and in fact fairly likely.

If you are admitted on the VWP, I would not recommend overstaying. Your best routes are either the CR-1 or the K3, and since I did neither of those I will leave it to those with experience to fill you in more.

Good luck with whatever you decide to do.

[Mr. Big Dog 10,747]

As the alien spouse of a US citizen with intent to reside in the US, you cannot legally enter the US on the VWP.

That's not strictly true. You can't enter on the VWP with intent to adjust status during that visit. You can, however, VISIT your spouse.

Visiting is not intending to reside. All I said is that entering the US under the VWP with the intent to reside here is not legally possible. Not sure why that would not be strictly true.

[ChristinaM 0]

"With intent to reside" is a little vague in this case. Obviously Groomit has intent to reside in the US. The question is whether he intends to enter this time and adjust status, or whether he intends to visit, get a K3 or CR1 and THEN reside. "With intent to remain" might have been better wording.

See what I mean? I understand what you mean, but others might not.

Edited March 2, 2006 by clmarsh

[groomit 0]

Have a back up plan in case they deny you entry!!

Because we haven't started any immigration paperwork...I do hope that I haven't been yet recorded in any immigration system !!!

So I really hope there is none reason to deny me. ...but WHO KNOWS ????

Groomit

[Euro 3]

Have a back up plan in case they deny you entry!!

Because we haven't started any immigration paperwork...I do hope that I haven't been yet recorded in any immigration system !!!

So I really hope there is none reason to deny me. ...but WHO KNOWS ????

Groomit

Entering on the VWP is NEVER a Guarenteed(sp?) entry But if asked questions always be honest......have a great trip!!

[Flames9_RN 358]

You may not be entered into any immigration computer, but you are married to an USA citizen residing in the USA,and the POE officer may find that enough to deny you, as he may think you are coming to stay!! Answer the questions honestly,but try not to add to much info if you know what I mean. I visited my wife monthly in DC, never had a problem. They would ask business or pleasure, I would say pleasure and was returning on so a so date, and that was usually the extent of it. But being Canadian may have made things easier. That was my experiences, take them for what their worth--not much, lol best of luck

[ChristinaM 0]

Yes, answer only what they ask you.

For example, the correct answer to "Do you know the time?" is "Yes" or "No".

[meauxna 15]

Thx All for sharing yr valuable experiences...

Well I understood that DCF seems to be the most appropriate and fastest route to US, at least concerning our situation.

1 - Did anybody use DCF processing at US Embassy in Paris FRANCE ?

According to this link, DCF is not officially processed (http://www.usaimmigrationattorney.com/DCFandnoDCFcountries.html)...

Anyway, i just mailed US Emabssy and asked about this question (thx a lot MEAUXNA for yr DCF guide !!)

2 - Do Embassy/consulate really care about sponsor income ?

Actually my wife has recently set up a retail business (flowers shop) and business is quite slow up to now.

That's the reason why i'm a little bit anxious about filling I-864.

Any feed back about I-864 welcome !!!

Just for info :

next trip on april 2006 (under VWP) is mainly to visit my wife. Back to FRANCE 2 weeks later.

We'll probably take advantage of this 3rd stay to meet USCIS office in CHICAGO, so it may be possible to clarify some questions (adjusting status?I-130? DCF?)

Groomit

I'm glad the Guide was helpful to you; I do not think that Gary Bala's site is correct, but you've made the right step by contacting Paris directly.

The I-864 is going to be required no matter which method you choose for moving to the US. If your wife has a new small business that is not generating much income, she should begin now to find a Joint Sponsor to assist with your immigration.

I do not recommend that you go to the USCIS office in Chicago for advice about any of the topics you mention. They often do not know the information you're asking about and they are not responsible if they give you wrong information. If you have these kinds of questions that your own research can not answer, I suggest that you pay to meet with an immigration attorney.

Good luck!

[Flames9_RN 358]

Prior to us starting the immigration paperwork and prior to info pass, my wife went and visted the local immigration office in DC. It was first come first served. She arrived early in the morning, and waited till near closing, actually one of the last few they let in. When she finally got to speak to an immigration rep, they told her it would take years and years for me to get in. In short, pretty much everything they told her was incorrect!! Long day for nothing!!