Immigration/Travel questions

[kain243 0]

Hi, I have found the whole process of trying to get answers to questions about visas quite complicated and difficult and I was hoping some of you could help me find answers.

My situation - I am a US citizen living in France. I got married to a french woman here. We have been living together in France for 1.5 years. She wanted to get a student visa to come do an exchange program but wasn't allowed to since you have to prove that you don't have intent to immigrate. We are considering travel to the US in the short term and in the long term we would like to have the freedom to move there quickly if we decide to go live there.

These are my questions:

1) Can my wife come with me to the united states to travel for two weeks or will they stop her at the border since she's married to me?

2) Can we apply for an immigrant visa now and enter the states but then leave for an extended period of time? We don't have an immediate intention to live there permanently but I want it to be a possibility in the next few years and if decide to move home I want her to be able to follow me quickly. Is this possible?

3) I know you can leave and re-enter with a K-3 without special permission but what about once you're a conditional LPR or a permanent LPR? If you have one of these statuses can you come and go from the US as you like or do you need to be a citizen to be able to do that?

4) I have been outside the US for 1.5 years now and I have an older passport that's still good for another 9 or 10 years. Should I expect problems when returning to the states for travel or if I go back to live there?

Thank you very much for any information you can give me!

[scy 0]

Hi, I have found the whole process of trying to get answers to questions about visas quite complicated and difficult and I was hoping some of you could help me find answers.

My situation - I am a US citizen living in France. I got married to a french woman here. We have been living together in France for 1.5 years. She wanted to get a student visa to come do an exchange program but wasn't allowed to since you have to prove that you don't have intent to immigrate. We are considering travel to the US in the short term and in the long term we would like to have the freedom to move there quickly if we decide to go live there.

These are my questions:

1) Can my wife come with me to the united states to travel for two weeks or will they stop her at the border since she's married to me?

2) Can we apply for an immigrant visa now and enter the states but then leave for an extended period of time? We don't have an immediate intention to live there permanently but I want it to be a possibility in the next few years and if decide to move home I want her to be able to follow me quickly. Is this possible?

3) I know you can leave and re-enter with a K-3 without special permission but what about once you're a conditional LPR or a permanent LPR? If you have one of these statuses can you come and go from the US as you like or do you need to be a citizen to be able to do that?

4) I have been outside the US for 1.5 years now and I have an older passport that's still good for another 9 or 10 years. Should I expect problems when returning to the states for travel or if I go back to live there?

Thank you very much for any information you can give me!

1. She can try to come on the Visa Waiver Program. No guarantee that they will let her in. And if asked, she must tell them that she is married to you.

2. You should not do this. An immigrant visa is intended for an immigrant to move and settle permanently in the US. If your intent is not to do so, applying for an immigrant visa would be considered fraud. You should only apply for an immigrant visa when you're ready to settle in the US.

3. Once you are a LPR, conditional or otherwise, you can leave and return without abandoning your LPR status. There are rules like you must maintain domicile and generally you shouldn't stay out of the country for more than 1 year.

4. Passports are good until they expire or revoked by the State Department.

[meauxna 15]

She can visit the US---proof of *your* ties outside of the US will help overcome the immigrant intent issue.

When you are getting ready to want to move to the US, you can apply quite quickly through the Consulate in Paris. Read the DCF Guide and Forum for more information.

Plan a couple of months for this process; you won't be able to move on a dime, but it's not a long, long wait.

Your current, valid US passport is fine. Make sure you're filing your tax returns and look at voting, banking and other things that help you maintain ties to the US (domicile).

[kain243 0]

Thank you for the advice!! I still had the impression that it would take a long time.. Doesn't it take like 6 months at least for anyone to get a K-3? About how long before we plan on moving (together) should we initiate the process?

On the visit, its coming up soon, so thats what I'm most worried about for now. As long as we have return tickets should we be ok? I don't want to risk going and then having to turn around because they won't let her in :-/. I considered calling the embassy and asking them but it costs 15 euros per call...

What evidence should I give her for when she goes through to show that we're coming back? Maybe a copy of my student ID card in France?

About filing for the visa, i saw that you have to file in one of the 4 USCIS (sp?) offices. Do you have to do that in person or can you mail it? I'm currently living in france so it would be hard to do.

Thanks again very much.

[aussiewench 9]

Here is a link to a thread on travelling to the US. It contains some very good info including posts by Imiak (a former CBP Officer)

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

[dmd01708 3]

I visited my husband in the US last summer with my son, just make sure you take loads of stuff saying that you have ties back home eg letter from employer saying you have to be back at work on ?? date, rental or mortgage agreement etc.

Be honest with them if they ask you what you are doing there I told them I was visiting my husband and they let me in.

But all POE are different and some people here have been denied entry.

Good luck

[kain243 0]

It would be nice if we had employer letters but we are students. Thanks for showing me that thread. Its kinda scary :-/. I hope we won't have problems. Her maiden name is still on her passport. We haven't changed it since we got married. Thats no problem is it?

We're just going to visit my parents. She should tell them up front that she's traveling with me and we're married and show a student ID card or something?

Thanks again .

[meauxna 15]

It would be nice if we had employer letters but we are students. Thanks for showing me that thread. Its kinda scary :-/. I hope we won't have problems. Her maiden name is still on her passport. We haven't changed it since we got married. Thats no problem is it?

We're just going to visit my parents. She should tell them up front that she's traveling with me and we're married and show a student ID card or something?

Thanks again .

Under no circumstances should you try to lie, by omission or directly, to an officer at the border. I use my maiden name, but I do not try to hide the fact that I am married to a foreigner.

You seem to have missed the point in my earlier post. YOU live in France. YOU do not live in the US and you are not moving to the US on this VISIT.

You are also looking at the long way 'round by focusing on the K-3 visa. I suggest you visit the US Consulate in Paris' website for infomation on how to apply for an IMMIGRANT VISA and where the US citizen should file a petition when they live in France. That process is called DCF on this message board and there is a section devoted to explaining it.