France > USA - International marriage during COVID

[NineDev 5]

Hey there everyone,

 

I am a French citizen looking to make the move to live with my fiancé in California.

Our initial plan was to fill everything needed for the K-1 visa whenever I'd be over there next, and send it once I was back home, as we'd heard they don't always grant tourist visas to people waiting on a K-1 visa.

However, as you can imagine, the response to COVID has put a major dent in our plans. It's been a year and a half, and I'm still not allowed in the USA, and as such, we've filled most of our forms remotely. But after doing some research and hearing some nightmares stories about the K-1 visa (and some other advice we've found online and on these forums), we thought about instead filling a CR-1 visa. Our new plan was to get married in France, and then apply for a CR-1 visa.

The catch (cause there always seems to be one) is that I've been hearing rumblings about the EU closing their borders indefinitely to US citizens, just like what the US has done to EU citizens. I don't want to jump to conclusions and pull the trigger in a panic, so I thought it best to ask for advice myself here.

 

What would you guys recommend we do? Get married ASAP in France to apply for the CR-1 visa? Or stay the course and send the K-1 visa, and hope for the best? Any advice would be greatly appreciated!

[Crazy Cat 39,208]

CR-1 is superior, imo. 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

Edited August 30, 2021 by Crazy Cat

[NineDev 5]

It definitely sounds like the better choice, I agree. It might be wise to do it ASAP for us before the borders close, thought I'm not sure how feasible that can be.

Thank you for your advice!

[Boiler 43,425]

I thought the EU had blocked travel 

[NineDev 5]

It's hard to find clear cut info on that, unfortunately. Everywhere I look, it seems to indicate something different, hence why I thought about asking here. I'm hoping someone has had recent experiences with EU to USA travel, or the opposite.

[Hanane حنان 18]

Spouse can also apply for a tourist visa while on CR1.

[SusieQQQ 11,584]

Reading the details on the EU “ban”, as long as your spouse  to be is vaccinated he should have pretty much no problem getting to Europe. Even unvaxed could probably still get quite a few places as long as he tests and/or quarantines.  It’s nothing like the ban the US has in place and not mandatory for member states.

14 hours ago, NineDev said:

It's hard to find clear cut info on that, unfortunately. Everywhere I look, it seems to indicate something different, hence why I thought about asking here. I'm hoping someone has had recent experiences with EU to USA travel, or the opposite.

I’m supposed to be going to Europe next week haha if you can wait that long I’ll let you know if I make it!

[NineDev 5]

2 minutes ago, SusieQQQ said:

Reading the details on the EU “ban”, as long as your spouse  to be is vaccinated he should have pretty much no problem getting to Europe. Even unvaxed could probably still get quite a few places as long as he tests and/or quarantines.  It’s nothing like the ban the US has in place and not mandatory for member states.

I’m supposed to be going to Europe next week haha if you can wait that long I’ll let you know if I make it!

I hope you'll make the trip fine!

The ban seems to be a recommendation, but France has been particularly overzealous in its application of things, so I *am* worried that's what they'll decide to do. Hopefully, it all goes well!

11 hours ago, Hanane حنان said:

Spouse can also apply for a tourist visa while on CR1.

French citizen are outright banned from going to the USA (have been since March 2020, and while it was promised to reopen soon, it was instead confirmed it would be indefinite in July).
Unless spouse have a special status that are exempt of this ban (in which case, I'd love to know!), I don't think I can go myself.

[SusieQQQ 11,584]

3 minutes ago, NineDev said:

Unless spouse have a special status that are exempt of this ban (in which case, I'd love to know!), I don't think I can go myself.

Yes, a spouse of a USC is explicitly excluded from the US ban.

 

[Crazy Cat 39,208]

8 minutes ago, NineDev said:

French citizen are outright banned from going to the USA

I don't think so.  There is a requirement to spend 14 days in a non-banned country before entering the US.  But spouses of US citizens are exempt.

Edited August 31, 2021 by Crazy Cat

[NineDev 5]

5 minutes ago, Crazy Cat said:

I don't think so.  There is a requirement to spend 14 days in a non-banned country before entering the US.  

This is definitely a distinct possibility, but it's also pretty expensive. I'm not sure how comfortable I am with it, given the time and risk it can be if they decide not to let me in for any reasons.

I'm seeing people getting married around me, and it's pretty depressing I have to jump through so many hoops just to be able to do something else everyone can do easily.

[SusieQQQ 11,584]

7 minutes ago, Crazy Cat said:

I don't think so. 

Yes, by the way the @NineDev ban is nothing to do with citizenship and only depends on where someone has been physically present in the two weeks before trying to enter the US. But again, a spouse of USC is exempt.

[Crazy Cat 39,208]

1 minute ago, NineDev said:

This is definitely a distinct possibility, but it's also pretty expensive. I'm not sure how comfortable I am with it, given the time and risk it can be if they decide not to let me in for any reasons.

I'm seeing people getting married around me, and it's pretty depressing I have to jump through so many hoops just to be able to do something else everyone can do easily.

You are correct.  It would be expensive......but several fiances have done it (staying in Mexico for 2 weeks).  I remember one person who did have difficulties trying to leave Mexico.....

[SusieQQQ 11,584]

It’s not necessary to spend two weeks in Mexico surely when he can go to Europe? Even if France is going to be “zealous” you can meet plenty other countries in Europe.

6 minutes ago, NineDev said:

and it's pretty depressing I have to jump through so many hoops just to be able to do something else everyone can do easily.

Unfortunately this is what happens when immigration is involved. There are many more hoops if you follow this process….

[Crazy Cat 39,208]

1 minute ago, SusieQQQ said:

It’s not necessary to spend two weeks in Mexico surely when he can go to Europe? Even if France is going to be “zealous” you can meet plenty other countries in Europe.

Unfortunately this is what happens when immigration is involved. There are many more hoops if you follow this process….

That would be my preference, for sure....