K1 or ?

[Rachel and Ryan 3]

Ok, let's say we send the K1 to the USCIS.

Will they let me enter in november if I stay I just want to be with my fiancé for 3 months and then go back ? the immigration officer is going to see that I'm filling for a K1 in his file I guess ?

It does not show on the screens at border control that you are filing for the K1 having said that its best to be honest. I visited my fiance in the US four times whilst we were waiting for the K1 so it can be done. France is not a high fraud country so you should be fine to visit.

[Rachel and Ryan 3]

Well I can show ties to France, I lived there quite a few years.

I just hope they'll let me stay 3-4 months and when the interview is ready at the consulate of Montreal i'll fly back.

The possibility you are talking about looks interesting, we'll have to apply for a CR1 then ? But my fiancé hasnt lived in the US, ever, so she won't be able to show those tax reports you need for the CR1 ?

Unless the process has sped up remarkably since last year, it it highly unlikely you will be ready to go to the consulate after 4 months. Mine took between 7 and 8 months. Also 4 months is longer than you will be allowed to stay in the US on the visa waiver. Good luck with whatever you decide to do!

[121 0]

The US citizen petitioner always does an affidavit of support regardless of income. If the petitioner does not meet the income requirements a joint sponsor is typically accepted.

She will also have to show US domicile, or intention to establish US domicile. You can find some info here to help you both understand the types of steps needed >> http://travel.state.gov/visa/immigrants/info/info_3183.html

If she has never earned enough to meet the filing requirement for taxes that is addressed by following the guidelines found on page 8 of the form I-864 instructions (even if you are not using this affidavit of support form which is true in the K1 petition). If she has earned enough to require filing, then she needs to address that. The US taxes on worldwide income. There are provisions to prevent double taxation.

Thanks for the link.

She never earned enough for taxation, she was a student untill last year.

Unless the process has sped up remarkably since last year, it it highly unlikely you will be ready to go to the consulate after 4 months. Mine took between 7 and 8 months. Also 4 months is longer than you will be allowed to stay in the US on the visa waiver. Good luck with whatever you decide to do!

I still don't know, even with all the information. I just don't wanna be far from her for 7 months.

I'm also considering the option to get married in France then file for DCF in Paris, I suspect this might be quicker ?

[Que Saudade 284]

Thanks for the link.

She never earned enough for taxation, she was a student untill last year.

I still don't know, even with all the information. I just don't wanna be far from her for 7 months.

I'm also considering the option to get married in France then file for DCF in Paris, I suspect this might be quicker ?

France does not have DCF. You would send your petition into the Chicago lockbox from your French address. Since France does not have DCF, there is the much discussed auto-expedite queue at USCIS that is obviously fairly quick. You would have to look into that. Maybe someone can provide a link.

Edited September 2, 2012 by Que Saudade

[121 0]

France does not have DCF. You would send your petition into the Chicago lockbox from your French address. Since France does not have DCF, there is the much discussed auto-expedite queue at USCIS that is obviously fairly quick. You would have to look into that. Maybe someone can provide a link.

http://www.visajourney.com/forums/topic/301025-dcf-paris/

[Que Saudade 284]

http://www.visajourn...1025-dcf-paris/

http://france.usembassy.gov/immigrant_visas.html

Read when they stopped doing this. 6th bullet point down.

Double check behind me...

[121 0]

http://france.usembassy.gov/immigrant_visas.html

Read when they stopped doing this. 6th bullet point down.

Double check behind me...

Oh good one, but what if you reside in France ? It says no for overseas

[Que Saudade 284]

Oh good one, but what if you reside in France ? It says no for overseas

I don't understand. What do you mean by it says no for overseas?

[hkl 9]

Hi,

My fiancé was born in the US and she is US citizen.

We have been leaving for the past 2 years in Canada and we have filled in for a K-1, it's ready to send, though we wonder if it's the right visa we should ask for.

We are also both french and going back to France in 3 days for 2 months. We filled all our documents with our canadians address that won't be ours shortly because we are heading back to France.

I don't mind coming back to Canada to get the paperwork and go to the consulate, I prefer doing so as I suspect French burocracy will slow down everything.

We plan to send the K1 before leaving canada, on tuesday, but plan to come back to Canada in the beginning of november to get our car and drive to California.

If they let me enter at the border, I plan to stay in California with my fiancé waiting for the K1, could be 3-4 months I guess.

Is this a good idea ?

Shall we not send the K1, I enter the US as a tourist in november with my fiancé and we get married there directly ? Shall we get married in France and fill for the respective visa ?

Thank you for your help

If you ask me the case is very clear. Since you both are French you should consider yourself lucky and marry in France and do direct consular filling. With a bit of luck you might be ready with the process in November and enter US as permanent resident. I did it years ago in Paris. At the time only the beneficiary had to be resident in France (EU passport + french address was sufficient, not even Carte de sejour). But nowadays the petitioner has to be resident in the country where the consulate is located. I bet if you show them your French passport they will accept your petition. You will still have somehow to prove that your domicile is US in order to be able to provide the Affidavit of Support. But that problem you will have no matter what type of visa you apply for.

[Que Saudade 284]

If you ask me the case is very clear. Since you both are French you should consider yourself lucky and marry in France and do direct consular filling.

Unfortunately, as I previously pointed out, France no longer has Direct Consular Filing.

See my post #21 that has the link that describes this.

I guess they cut DCF out of certain countries to save money. France being one of them.

But, there still is a way to accomplish this as I described in Post #11.

This all depends on how the OP and fiance want to proceed.

[121 0]

http://france.usembassy.gov/immigrant_visas.html

Read when they stopped doing this. 6th bullet point down.

Double check behind me...

It says that "petitioners residing overseas will no longer be able to routinely file Forms I-130". We can say that we reside in french and not overseas at the moment of DCF filing ? This way it should be OK ?

If you ask me the case is very clear. Since you both are French you should consider yourself lucky and marry in France and do direct consular filling. With a bit of luck you might be ready with the process in November and enter US as permanent resident. I did it years ago in Paris. At the time only the beneficiary had to be resident in France (EU passport + french address was sufficient, not even Carte de sejour). But nowadays the petitioner has to be resident in the country where the consulate is located. I bet if you show them your French passport they will accept your petition. You will still have somehow to prove that your domicile is US in order to be able to provide the Affidavit of Support. But that problem you will have no matter what type of visa you apply for.

Thanks for the tip, that's what I'd like to do.

[121 0]

Unfortunately, as I previously pointed out, France no longer has Direct Consular Filing.

See my post #21 that has the link that describes this.

I guess they cut DCF out of certain countries to save money. France being one of them.

But, there still is a way to accomplish this as I described in Post #11.

This all depends on how the OP and fiance want to proceed.

Okay, you're right, sorry!

http://www.visajourney.com/forums/topic/377660-questions-about-filling-out-i-130-and-i-864/

YOu cannot file DCF in Paris as you said, you have to ship the petition to the Chicago lockbox.

But, what kind of visa will we be asking for ? I mean, what do we have to send to the USCIS ? A CR1 petition ?

[Bochi 0]

your french passport give you rights to stay for 90 days in the us as a tourist, if the us immigration received your K1, you gonna have to stay until a fiance visas is available for you, and with a fiance visas you have 90 days to get marry in the us to stay as a legal us resident. my advise for you is, if you decide to live in the us, better get married before you come to the us, and you'll be a us citizen husband, and with your 90 days visas tourist your french passport give you, you can before 90 days filling I-130 (Petition for Alien Relative) if you approved, you'll be a legal resident in the us.

[bigdog 376]

Good Luck.

[Que Saudade 284]

Okay, you're right, sorry!

http://www.visajourn...-130-and-i-864/

YOu cannot file DCF in Paris as you said, you have to ship the petition to the Chicago lockbox.

But, what kind of visa will we be asking for ? I mean, what do we have to send to the USCIS ? A CR1 petition ?

Yes a CR1... Then, because France does not have an USCIS presence, your petition reportedly goes into a queue that is called auto-expedite. Read this thread.. Good info

Edited September 3, 2012 by Que Saudade