Applying for a Green Card, I need your help :)

[Allwyna 1]

Hello,

I am new to this site and I am very happy that a friend of mine told me about it, it seems you are very helpful . It's a bit of a hell to figure everything out. I read a lot of posts but each situation is different....

I am originally French, but I got the Canadian citizenship after living there a few years, so I travel back and forth (when the B-2 expires) with my Canadian passport (never used the French one or got a visa).

I am getting married to an American in a week (legalized by the French consulate), then I will apply for a Green Card -or he will- as a spouse.

Our concern is we have to go to France and we already have plans to go in April because I need a surgery and I am not covered here. We will be there for about 6 months, so my question (the first at least is: should I apply here before leaving if it takes more than 6 months to get it, or should I apply from the consulate in Paris... if I can get it within let say 4 or max 5 months? We know the papers we have to fill in (I-130) but after that it's a big fog. Do I need a SSN to get the application approved?

I would be very grateful if you could give me some advice. I don't want to do anything wrong. Thank you very much.

Allwyna

[aaron2020 11,651]

Hello,

I am new to this site and I am very happy that a friend of mine told me about it, it seems you are very helpful . It's a bit of a hell to figure everything out. I read a lot of posts but each situation is different....

I am originally French, but I got the Canadian citizenship after living there a few years, so I travel back and forth (when the B-2 expires) with my Canadian passport (never used the French one or got a visa).

I am getting married to an American in a week (legalized by the French consulate), then I will apply for a Green Card -or he will- as a spouse.

Our concern is we have to go to France and we already have plans to go in April because I need a surgery and I am not covered here. We will be there for about 6 months, so my question (the first at least is: should I apply here before leaving if it takes more than 6 months to get it, or should I apply from the consulate in Paris... if I can get it within let say 4 or max 5 months? We know the papers we have to fill in (I-130) but after that it's a big fog. Do I need a SSN to get the application approved?

I would be very grateful if you could give me some advice. I don't want to do anything wrong. Thank you very much.

Allwyna

You need to rethink your plan because there is nothing that will take "4 or 5 months max" to get him back to the US. The current wait is 12-18 months for a spousal visa.

With April around the corner, it's unlikely you can get AP for him to travel outside the US for 6 months.

He does not need an SSN for you to apply.

[canadian_wife 1,823]

Agreed.

Since you are a Canadian citizen, I suggest you file now, list the Montreal Consulate on your paperwork. If you are still in France when the petition is approved, you can file a change of consulate to Paris. Otherwise, you can return and have the interview in Montreal

4 to 5 months max? No, that won't happen. Plan on 8-12 months

good luck

[aaron2020 11,651]

Agreed.

Since you are a Canadian citizen, I suggest you file now, list the Montreal Consulate on your paperwork. If you are still in France when the petition is approved, you can file a change of consulate to Paris. Otherwise, you can return and have the interview in Montreal

4 to 5 months max? No, that won't happen. Plan on 8-12 months

good luck

It's no longer 8-12 months. Recent posts indicates it's more likely 12-18 months.

[Allwyna 1]

Hi,

Thank you for your replies. But I DON'T live in Montreal, nor anywhere else in Canada. I live in Florida, I don't know if that can make a difference but I own 2 properties here. I also have an apartment in Paris, so I have an official address there. My American soon-to-be husband lives in Florida (actually we live together). We can't rethink our plans since I urgently need a surgery (and we have the tickets) but we can plan for a longer waiting time. I can travel with my Canadian passport. Would it help if I hire an attorney?

Can you tell me how to file the Montreal consulate in my paperwork and why Montreal? Actually I lived 8 years in Toronto but don't have anymore an address there.

Thanks again for any help you can give me.

[canadian_wife 1,823]

Sorry, how do you live in the US? Or are you actually there on a tourist status?

good luck

[Allwyna 1]

oh... sorry my mistake . I "consider" that I am living in the US because I have been here for so long and bought 2 properties, but you are right, I am here on a tourist status with my Canadian passport (B-2), 6 months here then I leave then I come back etc....

[Allwyna 1]

Hello Serena,

1- everything is ready with the US license and the French consulate for our marriage on the 28 (9 days!!!). We will get the formalities done in Miami, the only diplomatic french place in Florida.

2- well...

3- it is my intention to come back (actually on a cruise) with my Canadian passport and of course I won't say a word, we will fill in 2 immigration forms as usual

4- I am not sure what an adjustment status is, all that seems so comlicated

5- I just opened a link from visajourney where they say it can be much shorter to apply abroad

[aaron2020 11,651]

Here are your choices. (Hiring a lawyer will not help.)

1. Leave for France, get a spousal visa, and come back in 12-18 months with an immigration visa.

2. Stay and adjust, get AP, and then leave for your surgery. However, it's extremely unlikely you will get AP by April so you will need to reschedule your surgery.

Given your limited time before the surgery in France, you will need to decide which is more important - the surgery and 12-18 months outside the US or wait for AP an reschedule your surgery.

Unfortunately, you cannot have both the surgery as planned and a quick path to the US. Your choice at this point.

[aaron2020 11,651]

Hello Serena,

1- everything is ready with the US license and the French consulate for our marriage on the 28 (9 days!!!). We will get the formalities done in Miami, the only diplomatic french place in Florida.

2- well...

3- it is my intention to come back (actually on a cruise) with my Canadian passport and of course I won't say a word, we will fill in 2 immigration forms as usual

4- I am not sure what an adjustment status is, all that seems so comlicated

5- I just opened a link from visajourney where they say it can be much shorter to apply abroad

On point 5.

Your wife cannot file in France via DCF. She has to have at least 6 months of legal residency there before she can even file DCF.

There is no way to shortcut the process. It's 12-18 months.

If there was a shortcut, everyone would be using it and someone would have posted it already.

Edited February 20, 2014 by aaron2020

[Ontarkie 14,280]

~~One post removed for advising fraud, and one for quoting. Returned to view the part without the fraud advice~~

That is not good advice. It is never a good idea to be less than truthful when dealing with immigration.

[Allwyna 1]

I really really appreciate your help, but it would be more helpful if you don't use initails . I tried to Google DCF and AP and couldn't get a meaning for them. I am new (and I am the wife), on this board and in the immigration hell.

Thanks

[aaron2020 11,651]

I really really appreciate your help, but it would be more helpful if you don't use initails . I tried to Google DCF and AP and couldn't get a meaning for them. I am new (and I am the wife), on this board and in the immigration hell.

Thanks

DCF = Direct Consular Filing

AP = Advance Parole

[Boiler 45,673]

Florida is sort of part of the US.

If you live there, how, on what basis.

[Allwyna 1]

Thanks for the info, Aaron.

you are too funny, Mucho Elder . And I feel relieved, I had understood that Florida was kind of part of the US , although most people speack only Spanish. I have been living here for 4 years, with regular returns to France at the end of my valid periods (always traveling with my Canadian passport). I met my American husband here and we live together (since he has been diagnosed with lung cancer, supposedly cured, followed by 2 chemo sessions and recently a hip replacement). So now, it's my turn for surgery (which is not aesthetic then can't wait 12 or 18 months). Then we will come back.... until my B2 expires again if I am unlucky and can't get my Green Card.

Thanks