Immigration Help for French Fiancée

[ww0904 0]

Hello all, the last 24 hours have really left my head spinning and my blood pressure at an all time high learning all of this information about immigration to the US. I'll try not to drag this post out for too long, and not ramble too much.

 

I myself am a US Citizen (21M) and I'm posting on behalf of my French fiancée (20F) to hopefully find some answers.

 

I have been living in France with her for three months under a Schengen visa, and in two weeks we will both be going to Quebec, Canada for at least 4 months and possibly up to 6, for her final internship to obtain her professional license. After that is currently unknown, and the reason why I am here.

 

I was under the very misinformed impression just getting married would be enough to keep her in the USA, but I've now learned it's nothing close to that and that we have a very complicated and annoying road of paperwork ahead of us.

 

After talking to some people on reddit, three possibilities were proposed to me, and none of them seem great so I'm here to ask for some help.

 

We plan to get legally married the first week of March, then she will leave the country and remain in Canada throughout her internship, and this is when we would like to begin working on the proper visa. After some reading about the CR-1 visa, it seems near impossible due to the financial affidavit. I simply don't make enough money at the moment to meet the 200% annual income over the poverty line. At the time of writing, I don't even have a job in the States, I am actively looking for one near the border. My family's financial situation isn't very good either, and her family wants us to be able to do this without help.

 

Someone mentioned something called the VIE program where she comes in under a J Visa and works for a certain amount of time, anywhere from 6 to 24 months, and we can apply for an AOS during that period, but I'm still very confused on the whole process and how long all of this takes.

 

We would like to avoid being separated at all possible costs, seeing as both of our living situations at the moment greatly depend on each other, mine even more so than hers. We would prefer to live in the US for the next few years, and it doesn't seem that France is any easier for us to get married and immigrate to so I'm not sure if that's an option either.

 

I would appreciate any advice from you all on what we should do.

[Just Paul 4,591]

7 minutes ago, ww0904 said:

After talking to some people on reddit,

Not a very good source for immigration. . . 

 

There will be some time of separation in most immigration stories.

 

You are going to need to get a grasp on your sponsorship.   To file spousal visa requires 125% of the poverty line compared to 100% for a fiance.  Later this month a new scoring system will come into play for a K1.   None of this matter until you get to the NVC or consulate stage.

 

Once a K1 immigrates you, she cannot work or leave the US for 6 to 9 months until getting AP.  A spousal visa has neither of those restrictions.

 

Determine the type of visa that best suits your needs.

[ww0904 0]

1 minute ago, Paul & Mary said:

Not a very good source for immigration. . . 

 

There will be some time of separation in most immigration stories.

 

You are going to need to get a grasp on your sponsorship.   To file spousal visa requires 125% of the poverty line compared to 100% for a fiance.  Later this month a new scoring system will come into play for a K1.   None of this matter until you get to the NVC or consulate stage.

 

Once a K1 immigrates you, she cannot work or leave the US for 6 to 9 months until getting AP.  A spousal visa has neither of those restrictions.

 

Determine the type of visa that best suits your needs.

Yes I know, but I talked to a few people who have been in similar situations and it gave me a bit more realistic expectations for our situation, so it wasn't all bad.

 

I know, we're trying to avoid that at all costs.

 

Someone told me starting 24 February that would become 200%, is that true?

 

CR-1 seems optimal since we will be married legally in a few weeks. We are just trying to look for some type of option that minimizes time separated.

[Crazy Cat 39,266]

Stay away from Reddit.  It is full of misinformation.  The "J Visa" will not work.  A person can not enter the US via a non-immigrant visa with the intent to stay and adjust status. That is classified as visa fraud.  There is no avoiding your financial responsibility as a sponsor.  You are, however, allowed to use a joint sponsor.

 

[Crazy Cat 39,266]

Just now, ww0904 said:

Someone told me starting 24 February that would become 200%, is that true?

 

CR-1 seems optimal since we will be married legally in a few weeks. We are just trying to look for some type of option that minimizes time separated.

No.......the 200% stuff is fake news........

Once you are married, you have only one option.....CR-1 visa......

 

 

[ww0904 0]

Just now, missileman said:

Stay away from Reddit.  It is full of misinformation.  The "J Visa" will not work.  A person can not enter the US via a non-immigrant visa with the intent to stay and adjust status. That is classified as visa fraud.  There is no avoiding your financial responsibility as a sponsor.  You are, however, allowed to use a joint sponsor.

 

Yes I know, I got tons of contradictory info, that's why I'm here now.

 

I spoke with someone who's French husband was here under a J-1 visa working, and they said they had no issue with AOS after getting married. I know it's not an immigration visa, but were they just lucky?

[Crazy Cat 39,266]

Just now, ww0904 said:

Yes I know, I got tons of contradictory info, that's why I'm here now.

 

I spoke with someone who's French husband was here under a J-1 visa working, and they said they had no issue with AOS after getting married. I know it's not an immigration visa, but were they just lucky?

Adjustment of Status applies only to people who are already inside the US.  It does not apply to your fiance.  She can not enter the US via a non-immigrant route with the intent to stay and adjust status.

[Boiler 43,446]

Your best will be to marry and file for a CR1 visa, be prepared to have to move back first to show US domicile. This is a family reunification visa after all.

[ww0904 0]

Just now, Boiler said:

Your best will be to marry and file for a CR1 visa, be prepared to have to move back first to show US domicile. This is a family reunification visa after all.

That's very discouraging news... My family's financial situation is very bad, and very soon I might not even have a "permanent" US address to call home anymore.

 

I feel really lost and broken after learning all this. We've already been apart for over 2 years, and me coming to France for this 3 months was supposed to be the beginning of our lives together. I can't imagine being basically homeless without her for the next 12-16 months while processing the CR-1 visa...

[ww0904 0]

3 minutes ago, missileman said:

Adjustment of Status applies only to people who are already inside the US.  It does not apply to your fiance.  She can not enter the US via a non-immigrant route with the intent to stay and adjust status.

I understand the last part, it's a non-immigrant visa so there is no AOS... but if she is already in the US working, and we are married, she still has to have CR-1 visa for her to immigrate?

[Boiler 43,446]

Just now, ww0904 said:

I understand the last part, it's a non-immigrant visa so there is no AOS... but if she is already in the US working, and we are married, she still has to have CR-1 visa for her to immigrate?

She is not in the US, you are suggesting she lies about her wanting to enter and stay?

[Crazy Cat 39,266]

Just now, ww0904 said:

I understand the last part, it's a non-immigrant visa so there is no AOS... but if she is already in the US working, and we are married, she still has to have CR-1 visa for her to immigrate?

She is not currently in the US.  You have already stated intent......thus entering via a J-1 with the intent to stay and adjust would be fraud.

[ww0904 0]

Just now, Boiler said:

She is not in the US, you are suggesting she lies about her wanting to enter and stay?

No, if she finds a job through the VIE program and is granted a J-1 (I believe) visa to come and work in the United States, then we are living together and apply for AOS. That isn't possible?

1 minute ago, missileman said:

She is not currently in the US.  You have already stated intent......thus entering via a J-1 with the intent to stay and adjust would be fraud.

I see.

[Mike E 11,723]

8 minutes ago, ww0904 said:

No, if she finds a job through the VIE program and is granted a J-1 (I believe) visa to come and work in the United States, then we are living together and apply for AOS. That isn't possible?

It is immigration intent. And it could end badly.  

[ww0904 0]

1 minute ago, Mike E said:

It is immigration intent. And it could end badly.  

I understand. I guess that plan is out then.