Better to go for DCF (in Paris), K-1, or ?

[c.ortiz 0]

Hi there - great to find this website, and it's been really useful so far. Thought I'd ask some specific questions, though, which I haven't really seen addressed, and just try to get some opinions. Here goes.

I'm a dual US/UK citizen, and my fiancee' is French. I just returned to the US after nearly 15 years in the UK (and 1 1/2 years in Ireland). At the moment I'm in the US and she's in France. We met while working in Ireland, 1 year and 9 months ago. We were planning on applying for a K-1 visa for her to join me here, but I just discovered the DCF option and am thinking it might offer more flexibility, as well as being a lot more straightforward and cheaper.

I'm a currently unemployed teacher, and she's working part-time while studying for a second teaching qualification. We're both applying for jobs in the US, Europe, and elsewhere, so we really don't know where we're going to end up. The US is a good possibility because I have family here, but not a definite. We initially thought we'd go for the fiancee' visa, and if a job came up elsewhere while we're waiting we'd consider our options if/when the time came.

I'm now thinking that we can get married when she visits here for Christmas, then as a EU citizen I can join her in France, learn French (!), maybe do some teaching, and after living there for 6 months go for the DCF. That way, when we get it we'll be ready to come back to the US and won't have to be apart all that time, and she'll have her green card right away. Or, if we end up going somewhere else for a job, her visa & green card will be valid longer in case we want to come back to the US after an academic year, for example. This also avoids the whole change of status and advance parole complications and expenses of the K-1. I don't really have any immediate job prospects here, except ones which would start next academic term (a year from now), so not being here isn't really going to be a problem. So, my questions:

1. Does anyone have any thoughts on this, or see any potential pitfalls? Will the Paris embassy not like the scenario for some reason? I.e., being only recently married, applying right after the 6 month limit, me being potentially unemployed in Paris, being in France on a UK passport but applying for a visa with a US one...?

2. I saw a lot about the Paris embassy on the various threads, but nothing about how long a DCF application in Paris would take. Any experience?

3. I've also seen the discussions about using assets for the I-864 if you're unemployed, and how it has to be a percentage above the poverty line. But for how many years? In other words, what's the total amount of assets I need to show if I'm unemployed?

4. Can she marry on a visa-waiver tourist entry, as long as she returns to France within its validity? Will this raise eyebrows at the embassy?

Thanks for any and all input/advice!

[Penguin_ie 5,996]

1. You should be fine; we've had many people on here who move abroad specifically to marry, wait 6 months and then apply.

3. You need 3 times the 125% of the poverty level, so currently 3 x 18'321 if it's just you and your wife; if you use a co-sponsor, it's 5 times. These assets must be able to be liquidated without undue hardship within one year. As a side note, even if you find a job in France you'll likely need to use assets, as foreign income does not count for vsponsoring a visa, unless it will continue when you move to the USA.

4. Yes she can, but she may not want to mention it when she enters the US unless directly asked (never lie to a CO or border officer!), because they could suspect she wants to stay and deny her entry. There won't be any problems with this scenario for the visa.

[c.ortiz 0]

That's great, thanks.

This is a longshot, but does anyone with experience of DCF in France know if the embassy will *only* accept a titre de sejour as proof of residence? Since I have a UK passport I don't actually need one to live and work in France, and I'd rather avoid French bureaucracy as much as possible!

Also, my fiancee' says she just read that France does not accept the legality of any marriage that takes place outside France, unless you file with the French embassy in the country where you're getting married, then follow it up in France afterwards. Anyone have knowledge about this?

All the best.

1. You should be fine; we've had many people on here who move abroad specifically to marry, wait 6 months and then apply.

3. You need 3 times the 125% of the poverty level, so currently 3 x 18'321 if it's just you and your wife; if you use a co-sponsor, it's 5 times. These assets must be able to be liquidated without undue hardship within one year. As a side note, even if you find a job in France you'll likely need to use assets, as foreign income does not count for vsponsoring a visa, unless it will continue when you move to the USA.

4. Yes she can, but she may not want to mention it when she enters the US unless directly asked (never lie to a CO or border officer!), because they could suspect she wants to stay and deny her entry. There won't be any problems with this scenario for the visa.

[Chamonix-Dallas 0]

Hi,

You're right, french bureaucracy is a nightmare ! Uselly, when they ask for a proof of residence, they want an electricity or phone bill, that's the best way to prove you were living here .... I guess it's the same with the embassy.

If you get married in the US, you'll need to go to the french consulate with your marriage certificate and birth certificates, to have it recorded on the "french books". Then they'll give you a "livret de famille", that's the document you'll need to deal with the french bureaucracy to prove you are married ! Don't worry, getting married in the US and then move to France is an easy process.

[c.ortiz 0]

Thanks for the reply - in case anyone in the future needs the info, I wrote to the embassy in Paris and they said that if I'm not employed there they'll accept a lease contract for an apartment in France as proof of residency (but that its still up to them to determine if I'm a resident!).

A couple more questions, if anyone can answer:

1. I've read conflicting things about this: Can my French fiancee' definitely enter the US to get married, then return to France before the visa is expired? Will this raise eyebrows when we go for the DCF?

2. If I'm in France for the 6 months required for DCF, can we go the US to marry, then return to France and file right away? Or am I not allowed ot leave the country, and my six months will have to start all over again?

[Penguin_ie 5,996]

1. Technically yes, she can enter the USA to get married as long as she does not overstay the VWP/ visa. However, border agents have been known to refuse entry to people who state they are there to get married, because of the threat of illegal overstay (they can refuse entry on pretty much any grounds). Best not to volunteer the fact that you are planning to get married unless directly asked.

2. Yes you can, as long as you have the marriage certificate. You are allowed to leave the country for a holiday, as long as you maintain residency (lease on house remains, bills paid etc), though if you go to the USA for a long time (say, 2 out of the 6 months of residency), then that may raise some eyebrows, depending on the consulate.

[francophone 0]

So how about this scenario. We have been married for a year and a half and I live currently live in France. I've been here for 8 months, 4 of which have been under the Titre de Sejour. I want to file under the DCF for my husband to join me in the US but I need to return to the US immediatly to look for work. Is it possible to apply through Paris w/o the full 6 "official" months in residence? Would it be possible for me to fly back in two month and apply for my husband then return to the US.

I know this isn't strictly correct procedure but does anyone have any thoughts on if this might work or not? We spent almost a year apart getting my French documents in order but neither of us have been able to find decent paying work here in France. We both feel that moving to the US would give us both more opportunities but, I can't stand the thought of spending another year apart. Please, any suggestions would be great.