Moving to US n applying for K-3 ??

[groomit 0]

You may not be entered into any immigration computer, but you are married to an USA citizen residing in the USA,and the POE officer may find that enough to deny you, as he may think you are coming to stay!!

Humm...I see : entry under VWP is like a lottery...we never know when/why we could be denied...

Just in case, which kind of proofs/evidences of real intention to go back home country POE officers usually trust/take account ?

Groomit

[zyggy 9]

Read this thread... it'll give you an idea of what goes on...

http://www.visajourney.com/forums2/index.php?showtopic=58200

[Euro 3]

Read this thread... it'll give you an idea of what goes on...

http://www.visajourney.com/forums2/index.php?showtopic=58200

Hey is this the thread that should be pinned??^^^from the old forum??

[zyggy 9]

Read this thread... it'll give you an idea of what goes on...

http://www.visajourney.com/forums2/index.php?showtopic=58200

Hey is this the thread that should be pinned??^^^from the old forum??

Perhaps...

I am currently working on putting together a pinned message that can be reviewed before it is pinned... However, I do not necessarily wish for this specific thread to be pinned. I bring it out when I believe it may be of use.

[know 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

What I understood of some Guides and posts, all searching to live with hubby, (with my english is not obvious), is basically that k visas do not allow to stay with hubby, (but have to wait outside) the possibility would be applying for AOS (Adjustement of status) once in the US and already married that allows to live with him/her there and while the process is pending. So, the AOS forum might also of some useful infos...Stop me if i'm wrong, but at least this is what i understood from the Guides....

[meauxna 15]

What I understood of some Guides and posts, all searching to live with hubby, (with my english is not obvious), is basically that k visas do not allow to stay with hubby, (but have to wait outside) the possibility would be applying for AOS (Adjustement of status) once in the US and already married that allows to live with him/her there and while the process is pending. So, the AOS forum might also of some useful infos...Stop me if i'm wrong, but at least this is what i understood from the Guides....

know,

K visas let the immigrant come to the US for a *specific period of time*. Before that time ends, the immigrant has to do something to make that permission permanent.

Permission to stay permanently (Legal Permanent Residence) can happen a couple of ways; either by AOS/Adjustment of Status or with an Immigrant Visa.

If someone is outside the US, they can not AOS.

If someone is inside the US, they MAY be able to AOS.

If someone gets an Immigrant Visa, they don't need to AOS.

[groomit 0]

This may be a silly idea/question....and it must have been already posted in this forum !

-my wife is USC ...living in US

-me french citizen...still in FRANCE

Assuming that DCF in France is not available (wife not resident), K-3 visa taking FOREVER...etc...and we haven't started any petition :

CAN I GET A B2 VISA FOR A STAY OVER 3 MONTHS THEN APPLY FOR AOS IN US ???

WHAT DO THEY USUALLY REQUIRE FOR A B2 VISA???

ANY COMMENTS ??

GROOMIT

[meauxna 15]

CAN I GET A B2 VISA FOR A STAY OVER 3 MONTHS THEN APPLY FOR AOS IN US ???

No.

I've answered you at the other board as well. Your WIFE needs to contact Paris to ask them if she can file with them. There are 2 contradictory statements on Paris' website and you have not said what webpages they emailed you---the one that says 'yes you can' or the one that says 'no you can't'.

All the yelling and protesting is not going to make the answer more clear: your wife must find out from the Consulate about the DCF.

It is illegal for you to come to the US on a VWP or B2 visa with the plan to immigrate.

[groomit 0]

There are 2 contradictory statements on Paris' website and you have not said what webpages they emailed you---the one that says 'yes you can' or the one that says 'no you can't'.

Here after is auto reply received :

The State Department Visa Office has received your e-mail inquiry. We regret that we are unable to send a personal reply due to the huge number of inquiries we receive daily.

We have found that 95% of the inquiries we receive are readily answered by information available on our website. This response is designed to help you better access that information. This is the only response you will receive from the State Department Visa Office.

Unfortunately, we are unable to provide any kind of status update on current pending visa applications via this or any other email address. Please call (202) 663-1225 or fax your request to (202) 663-3899, if you would like the status of your pending visa application.

Please refer to the categories below, select the one that most closely matches your inquiry, and then click on the link provided. This will take you directly to the information about your visa inquiry on our website. If your question does not fit any of the categories given below, or you want to see the latest news about visas, please click on http://travel.state.gov/ for general access to our website.

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Sorry for pasting full mail coz it takes much space with 3-4 usefull lines (BOLD) !!!

They mentionned only K-3/K-4 visa but nothing about I-130 (DCF).

Every link on their reply goes to http://travel.state.gov/ and NOT to US Embassy in Paris-FRANCE.

I have been to US Embassy Paris web site though : NONE information about I-130 (DCF) and some links are not working.

Groomit

[groomit 0]

Hummmm..... ...i've FINALY found the right page on US Embassy Paris that talks about immigrant visa.

Here is the link :

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

Filing in Paris

The U.S. Embassy in Paris can accept immigrant petitions from U.S. citizens in France who wish to petition any Immediate Relative (IR) or Family Based ( F) qualifying relative.

U.S. citizens not resident in France, filing for beneficiaries who are French citizens or French legal permanent resident, may either file their petition at their nearest USCIS office in the U.S., or file, in person, at the U.S. Embassy in Paris. Both the petitioner and the beneficiary must be present at the filing of the petition.

The Consular Section of the American Embassy in Paris accepts immigrant visa petitions on Fridays only starting at 9 a.m. Petitioners and beneficiaries must arrive at the Consular Section (2, rue Saint-Florentin; metro: Concorde) well before 9 a.m. in order to ensure entry (admissions begin at 7:30 a.m.). There will be no admissions after 9 a.m. Appointments are not granted and petitioners will be seen on a first-come, first-serve basis.

Sorry for running around and make people get confused about this topic

Just to double check with US Embassy in Paris, i will ask my wife to call them...Anyway we're preparing all paperworks for that issue (I-130).

Groomit

[metinspain 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

Firstly, groomit, I just want to make sure that you wouldn't read the above and think you should try to marry AGAIN in the US. DO NOT do it! I have heard that a 2nd marriage to the same person casts doubt on the legality of the first marriage. Anyway, I'm sure you understand this, but would hate for there to be any confusion regarding that advice.

The I-130 application is what you need to file first. From there, you can begin the K3 process, which should allow you to be reunited with your wife while the I-130 is pending approval. Unfortunately, as many of us have learned, you just cannot escape being separated during this period...it's a sad truth of the way the visa application process works. Just start as soon as possible and get it over with, is my only advice! Best of luck.

[Mr. Big Dog 10,747]

The I-130 application is what you need to file first. From there, you can begin the K3 process, which should allow you to be reunited with your wife while the I-130 is pending approval.

Didn't read his last post, did you? He and his spouse have the option of filing for his immigrant visa (petition and all) directly with the US Consulate in Paris. Much faster and better route than the K3. Unfortunately, it is available to spouses of non-foreign resident US citizens in a few select places only.

[meauxna 15]

Hummmm..... ...i've FINALY found the right page on US Embassy Paris that talks about immigrant visa.

Here is the link :

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

Filing in Paris

Good man, that's the one

Now, what gave me pause and why I said "contradictory statements" is this:

http://www.amb-usa.fr/consul/NIV.HTM

"Direct Visa Processing is no longer available."

While most of the info on that page is about non-immigrant visas, that phrase looks like a suspicious butchering of "Direct Consular Filing" which is not an official term. They may have picked it up from what petitioners and beneficiares were saying to them when they would call in---I'm just guessing.

But, I know that the visa unit in Paris is having some trouble right now, and they may have temporarily stopped accepting I-130s from USC who do NOT live in France. This is why it is very important for your wife to contact them before you make any plans.

Good luck and I hope you get the result that you want!

[groomit 0]

But, I know that the visa unit in Paris is having some trouble right now, and they may have temporarily stopped accepting I-130s from USC who do NOT live in France. This is why it is very important for your wife to contact them before you make any plans.

Meauxna, why do you make me HALF happy or HALF sad ??? JK...

It would be TOO much great that everything 's all right

groomit

[meauxna 15]

Meauxna, why do you make me HALF happy or HALF sad ??? JK...

Can't fight nature. Be very glad you're not married to me.