fraud suspicion ?

[Paskaval 2]

Hi,

I'm French, living in France, my girlfriend is American, living in US. We have decided to live together and probably get married soon.

For practical reasons I will move to US first. I have an ESTA (vwp). My questions :

Does it make sense to get married in US while being there with ESTA (without overstaying), and then start a CR1/IR1 process, considering I will have to return to France (and I WILL DO), not staying there in a first time ?

Apparently I will be allowed to visit my wife during the CR1 process, but, but, but.....my big fear is : being married under ESTA (avoiding K1 process) could be considered as a fraud and they could refuse I enter again with ESTA to visit her, that would be a disaster due to the long long waiting time expected.

Any opinion about this risk ?

The other option is to get married in France, and follow the same way (CR1/IR1).

Thanks

[A'n'L 735]

You can't MOVE to the US using ESTA, only visit for as long as CBP will allow you (maximum 90 days at the time).

 

Getting married as a tourist in the US is perfectly fine, as long as you return to your home country once your stay is up.

[Dashinka 23,199]

I agree with A'n'L, it is not fraud to get married on an ESTA if you are returning to your home country and file for the appropriate visa.  Whether you will be able to visit during the CR1 process after marriage is really up to the CBP officers upon your arrival.  Each time you visit, you will need to have solid proof you do not plan on staying until you actually have the CR1 visa.

 

Good Luck!

[A'n'L 735]

I can add that visiting your spouse in the US repeatedly will be easier if you make a habit of visiting for shorter periods, and a rule of thumb is that you stay outside the US twice as long as you stayed in the US. It's not a science, but CBP will be looking at both your visiting history and your reasons to return when determining if you are a probable candidate for overstay.

[JFH 12,189]

Nothing wrong with your plan to marry using the VWP and then return to France to complete the CR-1 process. Many of us here (myself included) did the same. Nobody except USCs is ever guaranteed admission into the USA. It is always at the discretion of the CBP officer on the day. It is possible to visit during the process - I did twice. Until your case reaches the NVC the CBP officers have no knowledge of your plans to apply for an immigrant visa. No need to even mention it unless specifically asked. 

[Paskaval 2]

Thank you so much for these replies.

Sorry, "move" was not the right word, I rather meant "long visit" (but of course less than 90 days).

One more question :

I do know I must show solid proof I will return to France each time I visit my wife. I guess CPB officers are not supposed to be able to read French, so is it wise to have certified translations, specifically about my job (public servant) ?

 

[JFH 12,189]

25 minutes ago, Paskaval said:

Thank you so much for these replies.

Sorry, "move" was not the right word, I rather meant "long visit" (but of course less than 90 days).

One more question :

I do know I must show solid proof I will return to France each time I visit my wife. I guess CPB officers are not supposed to be able to read French, so is it wise to have certified translations, specifically about my job (public servant) ?

 

Can your boss write English? If so, just have your boss writer a letter on official company logo paper that confirms you are a permanent employee, you have leave from x date to y date and that you are required to be back at your desk on z date. 

Edited May 16, 2017 by JFH

[IcezMan_IcezLady 582]

And your past travel record can be secondary evident to support whatever you have. 

[Michael and Ganna 103]

One thing interesting I read on this thread is that the government doesn't know you filed for a visa until it gets to the NVC stage....I have first hand information on this. We traveled back and forth while in CR-1 process....At POE we were asked if we filed for a spousal visa and If they could scan our NOA1.....we had no problems and had brought all of our paperwork just incase 

[ILikeBread 43]

I'm French and I married a US girl, depending on what your fiancée does in the US maybe she can move to France to be with you.

 

My wife's French spouse visa was issued in about 2 weeks. Although we got married in France so the paperwork and processing times must be different for a US marriage. 

 

Just an idea, it may not be the best solution, life in France has its challenges for Americans too. 

[Paskaval 2]

You're right, of course we are also considering to get married in France is an interesting option (moreover, she speaks french). The advantage is that she can get a visa  and stay for a long time here very very easily. Marriage is not more complicated, CR1/IR1 process will be exactly the same.

The far future is open, but for instant it's very easy for me to take time off as long as I decide and find again my job when I come back. She doesn't have this opportunity and has good reasons to keep her job.

I'm just affraid they refuse my entry because successive trips and staying there a long time.

 

I would be interested to know your opinions about asking a K1 visa right now. No more no less  risk to be stuck when I visit her and maybe I could save time to obtain the right to work there legally.

 

Useless to say that we didn't expect this wonderful meeting : ) ...and not very prepared to face such complications

[Paskaval 2]

I forgot to mention that I can ask a tourist visa, 6 months available (extendable to 12), but a lawyer warned me it's risky because they could refuse it considering the situation, and in this case I lose my ESTA, then no more chance to visit my fiancée before a long time. It's why using esta is more secure, but maybe I'm wrong.

[A'n'L 735]

9 minutes ago, Paskaval said:

I forgot to mention that I can ask a tourist visa, 6 months available (extendable to 12), but a lawyer warned me it's risky because they could refuse it considering the situation, and in this case I lose my ESTA, then no more chance to visit my fiancée before a long time. It's why using esta is more secure, but maybe I'm wrong.

This is correct. I can be hard for ESTA eligible VWP citizens to obtain a visitors visa, because it shows intent to stay in the US for a long time.