I'm a US Citizen who Married a French Man in France....

[cameronbryce 0]

I'm a Male US Citizen who moved to France with my partner (french male citizen) last September of 2013, and we married there in the following November of 2013. I had all my papers notified from the US Consulate, and was told that we would be automatically be married in America as well if the state recognized it, which before we lived in Los Angeles, CA. As of March this year we both have moved back to Los Angeles, and currently are renting an apartment. He works for an International Medical Company which every other month he fly back in from Los Angeles to Paris to Chad, Africa for his work. And same travel in backwards order after each month of work.

Can I apply for a Spouse Visa for him? His first month in US was March, then Africa - April, May - US, and now currently Africa for the month of June. He is not on any visa, just the tourist.

What is the best option for us and Will he have trouble returning at the end of June?

All recommendations would be very much appreciated.

[Not a Tailor 1,370]

Under current US immigration law, same sex spouses are counted as married in the US for immigration purposes regardless of whether the state they intend to reside in allows same sex marriage. My wife's state does not allow it at present, but we got married in Massachussetts, which does have same sex marriage. My wife and I just petitioned using the I-130 form.

This is really the only option, and your marriage certificate must say 'marriage' and not 'civil union' or 'domestic partnership' to be valid. Otherwise, you'll have to marry in an area where you can get a marriage certificate and apply after that.

After successfully petitioning via the I-130 (petition for alien spouse), we'll be eligible to apply for the CR-1 visa (conditional two year green card).

He will have to show significant ties to a country which is not the US to be readmitted to the US with a pending immigrant visa petition/application. That being said, if his pattern has been to move back and forth between three countries for awhile, he may very well be okay.

Also, to maintain green card status, I believe he needs to reside in the US for a minimum of 180 days per year, though someone with more knowledge may tell me I'm wrong.

Edited May 29, 2014 by Not a Tailor

[cameronbryce 0]

Under current US immigration law, same sex spouses are counted as married in the US for immigration purposes regardless of whether the state they intend to reside in allows same sex marriage. My wife's state does not allow it at present, but we got married in Massachussetts, which does have same sex marriage. My wife and I just petitioned using the I-130 form.

This is really the only option, and your marriage certificate must say 'marriage' and not 'civil union' or 'domestic partnership' to be valid. Otherwise, you'll have to marry in an area where you can get a marriage certificate and apply after that.

After successfully petitioning via the I-130 (petition for alien spouse), we'll be eligible to apply for the CR-1 visa (conditional two year green card).

He will have to show significant ties to a country which is not the US to be readmitted to the US with a pending immigrant visa petition/application. That being said, if his pattern has been to move back and forth between three countries for awhile, he may very well be okay.

Also, to maintain green card status, I believe he needs to reside in the US for a minimum of 180 days per year, though someone with more knowledge may tell me I'm wrong.

I appreciate you rapid response, and your advice educated me more into this process. My certificate is a real marriage document, and for him readmitting into the US each time shouldn't be problem, as long as I can get the petition form I-130 sent off I think we will be okay. By next March this Mission will be down and he can move on to the next or take a break.

[Not a Tailor 1,370]

Good luck! Remember, processing times are unpredictable, so getting the package in earlier rather than later is best. If you're on a smartphone, get thee to a computer. On the computer (non-mobile) version of this site, there's a spot at the top that says 'guides' and it walks you through the process. You're looking for the CR-1/IR-1 process, with form I-130. Unless you have had any previous immigration issues, the foreign spouse has a criminal record of some other impediment, the process is very simple and there is no need to pay an attorney.

But don't mistake simple for short! It's a long haul. The process takes typically between 12 and 15 months.

[cameronbryce 0]

Oh wow! 12-15 months, that is a long haul! I know it's worth it. Were your wife and you able to be together in America? After the petition is filed? If it takes 12-15 months for that then you can be approved for a CR-1/IR-1? During the timeframe before can you stay in America? I'm scared when his next flight to America at the end of June that they will decline his entry into the country.

No past immigration issues for him, or a criminal record.

[Not a Tailor 1,370]

So it goes petition, which is about 5-8 months, through USCIS (though occasionally they're slower). Then comes NVC, National Visa Center. At this point, you're applying for the visa. You fill out forms, they do their mojo (you have some control over speed here, if you do all the NVC stuff quickly) and it takes another few weeks or a couple months to get through NVC. Then NVC forwards the package to the Embassy or Consulate in your partner's country, where an interview is scheduled. After interview, provided everything goes smoothly, you wait about 7-10 business days to receive passport with visa in it (you leave your passport at the embassy or consulate) and then you're golden. You fly to the US, get your passport stamped (this stamp works as a temp green card) and then wait on your green card to arrive.

There are fees at every stage, so keep an eye out for them and plan for them.

[cameronbryce 0]

Ok Thank you so much for all your information.. I helped me out alot. During this whole process though, I'm unsure of which one of you are an US Citizen, but it was ok for you to stay together during this whole procedure in America? I will checkout the guide as well.

[Not a Tailor 1,370]

No, we're apart. You can't stay together during the process. I'm the beneficiary and I'm in my country. She's in Texas. We're hoping to be together by my birthday in February, but we know it's unlikely. I can visit her, though. I'm visiting her next month, in fact.