Moving to US n applying for K-3 ??

[groomit 0]

Hi all,

I'm a french citizen currently living in FRANCE, my wife is US citizen and currently living in US.

We got married in CHICAGO on oct 2005 .

We're going to apply for K-3 spouse visa .

QUESTIONS :

-is it a good idea for me to stay in US, so we could be together and then my wife would apply for K-3 spouse visa ?

-in that case, would i have to come back to FRANCE within the period of 3 months (visa waiver program) or would i get the right to stay in US (K-3 processing)??

-or should i apply for a B-2 tourist visa so i could stay longer ?

I'm still doubtful about how to proceed... ...this is call ...

Any piece of advice will be greatly appreciated and thx a lot for sharing yr experience in this matter.

Groomit

[shayrene 0]

Salut Groomit,

Bienvenue a VJ! I am new in this forum too. My fiance lives in France and we are applying for a K-1 Visa. I am sure how you should proceed, but I am sure that some of the veteran VJers can answer your questions better. I do know that if you do the K-3, you would have to go back to France to get it. We didn't have any luck with the B-2 tourist visa for my fiance. It took him 3 months to just get an interview at the Paris embassy, only to be denied the tourist visa. I would spend 3 months in France and return to the US and go back. Not the ideal.

Anyway, Bon Chance!

[twellspeak 0]

Hi Groomit,

I'm confused.. first you say "I'm a french citizen currently living in FRANCE", then you say "is it a good idea for me to stay in US". Where you physically are now will determine which options are available to you.

Ty

[Mr. Big Dog 10,747]

K3 visa process

You'll have to do it while you're over there. Don't bother filing for a B2. Seeing that you have intent to immigrate to the US, you are not eligible for a B2. Even the VWP may be tricky with a USC spouse.

Good Luck!

[groomit 0]

Hi Groomit,

I'm confused.. first you say "I'm a french citizen currently living in FRANCE", then you say "is it a good idea for me to stay in US". Where you physically are now will determine which options are available to you.

Ty

Well, i'm phycally living live in FRANCE...But i'm planning to move over there (US) and stay with my wife.

Then, she will apply for K-3 spouse visa.

That's the reason why im asking if staying in US would be any help...

But that also means i have to go back to FRANCE within period of 3 months (visa waived) ???

Groomit

[meddykomp 0]

Has your wife petitioned for a CR-1? She needs to do that first. Once you have the NOA1 she can petition for a K-3 for you. Once she has petitioned you can attempt to visit, however there is a chance of being denied entry at the POE at which point you spent quite a bit of money and didnt get to see your wife.

Well, i'm phycally living live in FRANCE...But i'm planning to move over there (US) and stay with my wife.

Then, she will apply for K-3 spouse visa.

That's the reason why im asking if staying in US would be any help...

But that also means i have to go back to FRANCE within period of 3 months (visa waived) ???

Groomit

When you go to enter the US, they will ask you how long you are staying. I do not suggest lying. If you tell them you are moving there and do not have the visas you will get denied entry. You have to get the visa before you move.

[groomit 0]

Ewww...i may make a mistake talking about K-3.

Actually on GUIDES section - Immigration guides for spouse or fiance , a special process is dedicated for people in our case (Guides if you are married, US citizen and spouse live/reside in US).

According to this guide, we have go thru I-130 petition. AM I RIGHT ???

ANYONE THAT HAS KNOWLEDGE IN THIS CASE ???

While I-130 is processing, can i stay in US over 3 months ?

Thx a lot for yr help.

Groomit

[Mr. Big Dog 10,747]

According to this guide, we have go thru I-130 petition. AM I RIGHT ???

ANYONE THAT HAS KNOWLEDGE IN THIS CASE ???

While I-130 is processing, can i stay in US over 3 months ?

Thx a lot for yr help.

Groomit

Yes, the I-130 is what needs to be filed first. The I-130 in and by itself earns you no right to enter and/or stay in the US. Once it is pending, it may actually be impossible for you to enter the US as a non-immigrant (other than a K3) as the I-130 clearly documents your immigrant intent.

[meauxna 15]

Ewww...i may make a mistake talking about K-3.

Actually on GUIDES section - Immigration guides for spouse or fiance , a special process is dedicated for people in our case (Guides if you are married, US citizen and spouse live/reside in US).

According to this guide, we have go thru I-130 petition. AM I RIGHT ???

ANYONE THAT HAS KNOWLEDGE IN THIS CASE ???

While I-130 is processing, can i stay in US over 3 months ?

Thx a lot for yr help.

Groomit

If it were me in the same situation, I would have the USC come to France and file I-130 via DCF and none of this would be an issue.

But that's me.

Groomit, read the DCF Guide as well.

[groomit 0]

Yes, the I-130 is what needs to be filed first. The I-130 in and by itself earns you no right to enter and/or stay in the US. Once it is pending, it may actually be impossible for you to enter the US as a non-immigrant (other than a K3) as the I-130 clearly documents your immigrant intent.

Ewww...do u mean that I should stay in US over these 3 months allowed by visa waiwer programm...even illegally... if we don't want to be apart for years ???

I also read in GUIDES section that EAD could be issued in same day when filling petition at a CIS office. In this VERY optimistic case, does EAD allows me to stay in US ???

I'm sorry...but I have basket of QUESTIONS...

Groomit

[john_and_marlene 162]

Yes, the I-130 is what needs to be filed first. The I-130 in and by itself earns you no right to enter and/or stay in the US. Once it is pending, it may actually be impossible for you to enter the US as a non-immigrant (other than a K3) as the I-130 clearly documents your immigrant intent.

Ewww...do u mean that I should stay in US over these 3 months allowed by visa waiwer programm...even illegally... if we don't want to be apart for years ???

I also read in GUIDES section that EAD could be issued in same day when filling petition at a CIS office. In this VERY optimistic case, does EAD allows me to stay in US ???

I'm sorry...but I have basket of QUESTIONS...

Groomit

Entering the U.S. on the VWP or with any non-immigrant visa except the K1 with the intent to marry and stay is illegal. You would be misusing the VWP or non-immigrant visa for intentions of immigrating. This type of adjustment is only legal if you were already here, having entered without immigrant intent. Since you are not currently in the U.S., you don't qualify. You must now seek either the K1 visa or one of the other marriage-based immigration visas.

Edited February 28, 2006 by john_and_marlene

[meddykomp 0]

I don't think that anyone recommended that you do something illegally. There are a lot of us here who do not live with our spouses. We would not do that if it were not part of the process. If your wife can move to France, she can apply there. It does appear based on the embassy website that she needs to move there in order to file DCF.

http://www.amb-usa.fr/consul/iv/categories/default.htm

The other option is for her to petition on your behalf at the service center that processes I-130 applications for her state.

[john_and_marlene 162]

Now that you have decided to marry and immigrate to the U.S.:

What you CAN do:

1. You can come here on the VWP and get married, but you'll have to leave before your I-94 expires and then your spouse can file for K-3/CR1.

2. Your spouse can file for K1 and you can wait to come here and get marred (you may or not be admitted for visits on the VWP during this time)

3. You can marry outside the U.S. and then your spouse can file for K3/CR1 and wait for that processing (you may or not be admitted for visits on the VWP during this time)

4. You can marry outside the U.S. and possibly do the Direct Consular Filing.

What you CANNOT do:

Enter on the VWP, marry, and adjust status without leaving

[Mr. Big Dog 10,747]

Yes, the I-130 is what needs to be filed first. The I-130 in and by itself earns you no right to enter and/or stay in the US. Once it is pending, it may actually be impossible for you to enter the US as a non-immigrant (other than a K3) as the I-130 clearly documents your immigrant intent.

Ewww...do u mean that I should stay in US over these 3 months allowed by visa waiwer programm...even illegally... if we don't want to be apart for years ???

I also read in GUIDES section that EAD could be issued in same day when filling petition at a CIS office. In this VERY optimistic case, does EAD allows me to stay in US ???

I'm sorry...but I have basket of QUESTIONS...

Groomit

Where have I said that? As the foreign spouse of a USC currently residing overseas, you may not have the option to enter the US at all until you obtained a proper visa. That proper visa would either be a K3 or a CR1/IR1. Both take time to process. Chances are that you will be spending that time over there in France as you are likely to be refused a B2 and potentially refused entry under the VWP seeing that you clearly are an intending immigrant.

Edited February 28, 2006 by ET-US2004

[groomit 0]

Now that you have decided to marry and immigrate to the U.S.:

What you CAN do:

1. You can come here on the VWP and get married, but you'll have to leave before your I-94 expires and then your spouse can file for K-3/CR1.

2. Your spouse can file for K1 and you can wait to come here and get marred (you may or not be admitted for visits on the VWP during this time)

3. You can marry outside the U.S. and then your spouse can file for K3/CR1 and wait for that processing (you may or not be admitted for visits on the VWP during this time)

4. You can marry outside the U.S. and possibly do the Direct Consular Filing.

What you CANNOT do:

Enter on the VWP, marry, and adjust status without leaving

We alredy got married on october 2005 in CHICAGI, IL...

Groomit