Paskaval

Just a visit, for a few weeks

I have a valid 10 year green card (based on marriage) but my wife and I moved back to France 3 three years ago and never travelled to the US during this time. I never applied for abandoning my status, but due to bad health problems of my wife's mother we decided to visit her this summer. I guess it`s too late to fill the I-407 form from France and then get an ESTA. I read that I can fill the form at a port of entry (but I'll have to pay about 500 USD, unfortunately). So my questions :

- Is there a chance they let me in without any question (it happenned to me some times) ?

- Do they check when my last trip to the US was (how would they react if I lie) ?

- Should I rather ask directly for filling the I-407 form ?

- In the worst case can they refuse to let me in ?

Thanks for advice or sharing similar experience.

Maybe I was not clear.

I HAD to return to France for professional reason and didn't know for how long, maybe for more than one year (because the retirement process can be very complicated and not possible from abroad). So I don't see how I could apply for ROC since I intended to move abroad and no longer having any address in the US (we sold the house), and we even were not sure if we would want to return to the US.

I'm very confused about the right process to be able to return to the US.

Here is the situation :

I married an american citizen in 2018 following the K1 process. I got a conditional green card in March 2019. My wife and I lived in the US for more than 2 years. We had to come back to France last february (before my green card expired in March 2021) in order to work several months to get retired, that was impossible staying in the US. I didn't know exactly how long I had to work. Today all is ok, I am retired and have a pension. We want to go back to live in the US. In theory I'm eligible to get a 10 year green card since we are married, I never overstayed in the US, and we came back to France for good reasons. But I don't find any application matching this case and I couldn't get information very clear from the ambassy.

Anny advice ? Thanks 

Hello,

I'm french and currently have a 2 year conditional green card based on marriage. It will expire on next March 1st. My wife and I are going to leave the USA and move to France in February. Do I have to fill a I-407 form or just let my green card expire without more notification ?

My concern is : will I be able to come back to the US for visiting (less than 90 days) with an ESTA ?

Thanks for advise.

I got married in the US in July 2018, got a conditional green card which expires on 2021January 3rd. My wife and I are planning to move to France in September, for a long time, at least one year, maybe more, maybe forever. That means I leave my US residency, but If we want to come back to the US, not for residency again but for less than 3 months, what do I need ? Is it possible ? a special visa ? Should I wait to get a 10 years green card and apply for a re-entry permit ?

Thanks

Hi,

I came into the US with a K-1 visa in july, I've got married a few days later and applied for AOS immediately. So I'm still waiting for my green card, EAD and travel document. My question : my K-1 visa expires in december, there is very little chance of getting my documents before, so what will my status be then, with no valid visa, no valid document but only my marriage certificate and a proof of my application ? Will I be kind of illegal ?

Thanks

Ok but I must say that I'm french, white... and old. It could be different for other people. 

Yes, my 2 months trip was while waiting for NOA2

Here is my experience : From october 2016 to april 2018 I went 7 times to the US (with ESTA), 4 times since appliance for K1 visa. My longest journey lasted 2 months, and I never had any problem to enter the US, always stayed less than one minute with the CPB officer.

Next trip will be with my K1 visa.

I don't understand why the CR1 route is more convenient for being able to work sooner. I was thinking that once married in the US (with K1 option), I would be allowed to work rather quickly. Waiting for CR1 takes months. Hence my question in my post above.

10 hours ago, bcking said:

Once you are married, every time he comes back to visit he will be under scrutiny. It's very variable though so people have had no trouble, my wife had a lot of trouble

Can you tell more about this trouble, was she refused ?

Ahah ! I was just writing exactly the same post

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

So, K1 process and then getting married in US, or getting married first (In France or in US) and then IR1/CR1 process, is there a best way ?

Considering : 1) the processing times, 2) none of the two options seems better or worse regarding the possible problems for visits (that's my big fear), 3) we cannot get married before at least 5 months from now, I wonder if starting K1 process right now wouldn't be better, because maybe I could become a permanent resident sooner (If needed because if we decide she move here, it's much more simple, but it's another debate). Indeed, CR1 process takes a long time once married, before getting the right to work there legally.

So we are hesitating.

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.

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

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) ?

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