french-american family in France wants to move to the USA

[rochel 0]

Hello,

My husband and I have been in a relationship for 4 years. He's an american citizen and I and my daughter are french citizens.

My husband moved to France july 2011 and we got married (under french law) on nov 4th of 2011. He now has his long stay visa for family matters.

For work reasons, we would like to move all the family to the USA. My husband is currently looking for a job back in the USA and I am curious how we should work it out if he has a positive answer and has to go to the USA for work.

My husband was previously married to an illegal alien in America. He applied for her to stay in America with her daughter, she now has her greencard and lives in the USA legally.

My questions would be :

1) Is this going to be a problem for us that he already married an illegal alien before ?

2) If he accepts a job in the USA can we follow him and take care of all the papers there ? (he would first go and find an apartment, save some money for us to arrive while i'm quitting job, packing stuff etc)

thanks in advance

[Ryan H 3,812]

Moved from Bringing Family Members of US Citizens to America to IR-1/CR-1 Process & Procedures.

My questions would be :

1) Is this going to be a problem for us that he already married an illegal alien before ?

2) If he accepts a job in the USA can we follow him and take care of all the papers there ? (he would first go and find an apartment, save some money for us to arrive while i'm quitting job, packing stuff etc)

thanks in advance

Answers:

1. He will have to disclose that he filed for an immigration benefit on behalf of someone else. Your relationship will be evaluated on its own merits.

2. No, you will not be able to follow him until you have been issued a spousal visa.

Additionally, he will have to file two petitions, one for you, one for your daughter.

[Penguin_ie 5,993]

1. It depends how long that first marriage lasted, how quickly he married you after etc.

2. What Ryan said.

[yassir32 0]

he need to show theme 2 last taxes returne and he need moor than 18,500 dolars a years because he will applay fore you and your daughter and if he was maried before that mean nothing

is not problaime if he was maried before all what is important is he need to prove theme he love you fore sure and you love him and you have all prove and show theme all photo and be prepared for interview

they will ask you and they will asking him about the relastionship to they make sure you love each other and he need show theme he payed her tax good and he make good money

and applay for you visa that it and wait your approvale

good luck for you

[rochel 0]

Thank you all for your answers.

Do you know how long it would take from the moment he applies for us and the moment we will be able to join him there? (should we start the process at the American embassy in France even if he has not found a job yet ?or is it better that he takes care of everything from America?).

As proof that this time the marriage is solid, we married both under civil law and religious law also he is living in France under a family visa, we also have proofs of our unmarried relationship (travel flight tickets pictures etc). His previous marriage lasted about a year, we met when he was divorced but there was a lot of problem with the divorce papers they had to fill the papers again etc meaning that we were already in a relationship for about 2 years when his divorce was final for good.

[danzz 11]

You cannot file at the embassy. Filling from abroad is done by sending documents to the chicago lockbox.

It's better to file while he's in Paris, or at least it was until august. There is (was?) a sort of auto-expedited process through USCIS when filing from abroad. Many of us benefited from it and it allows people to go through USCIS in a couple of weeks as opposed to several months. If you're diligent during the rest of the process and well prepared, it can be done in 4 months total.

HOWEVER since august there was a change and petitions to USCIS are now being transferred. We don't really know yet how this will impact approval time, and if the auto-expedited process will still work. If it doesn't work anymore then you're probably looking at about 8-9 months to go through the all process, if you're well prepared.

[rochel 0]

Thank you Danzz, are you too in the process via the American Embassy in Paris? I'm in Lyon, would it mean I can go through it via the Consulate in Lyon or exclusively in Paris ?

[danzz 11]

We're in there as well, almost done. *knocks on wood*

I'm not 100% sure about this but I believe all interviews happen in Paris. That's the only thing that happens at the embassy though, everything else is by mail so you'd only have to take the train up once.

[Ryan H 3,812]

Thank you Danzz, are you too in the process via the American Embassy in Paris? I'm in Lyon, would it mean I can go through it via the Consulate in Lyon or exclusively in Paris ?

We're in there as well, almost done. *knocks on wood*

I'm not 100% sure about this but I believe all interviews happen in Paris. That's the only thing that happens at the embassy though, everything else is by mail so you'd only have to take the train up once.

Immigrant visa interviews for applicants in France only occur at the Embassy in Paris.