Advice for multinational situation

[visa stuff 0]

Hi all,

I'm a US citizen engaged to a Japanese citizen, but I'm planning on taking a job soon in France. In order for my fiancee to stay in France with me, she is applying for a working holiday visa; but if she is denied that, then we would need to be married in order for her to get a French visa as my family member. I believe the K-1 process would take too long to be a good option. However, she is going to be coming to the US for a business trip in a few months, and I feel that our best option may be to get married while she is here. I believe this is legal since she would not be intending to stay in the US at this point beyond the length of the business trip, and it would allow her to get the necessary visa to stay in France. However, in the event that she can't get the working holiday visa, she would prefer to get married in France instead using a three month tourist visa. I'm mainly concerned about how these options would affect the future CR-1 visa process.

So my questions are basically the following.

• Is it indeed OK to get married in the US while she is here on a non-K1 visa, if she returns to Japan?
• Would such a marriage require birth certificate or other unusual documentation beyond her passport?
• If we intend to move to the US after France, would she need to first return to Japan in order to process the CR-1 visa? Or would she need to stay in France? Since this visa takes nearly a year, is there any way to start the process while we are living in France?
• Would you anticipate any particular disadvantages or problems involved with getting the CR-1 visa after getting married in France vs. getting married in the US?
• Do you see any optimal path to take to minimize future headaches in this situation?

Thanks in advance.

[NikLR 13,227]

You don't need a K1 visa to get married in the USA if you do not plan to stay in the USA. Anyone can get married in the USA and generally only need their passport to do so.

If she is in France legally she would not have to return to Japan for the CR1, she could do everything in France.

There is no advantage or disadvantage to marrying in France vs the USA. My husband and I were married in BC, Canada. Our entire process was easy and quick. As it is, if you're both in France at the time you start the CR1/IR1 process with the I-130 petition, it is likely that your initial petition will be approved faster than if you were living in the USA.

I suggest at any point, getting married vs a fiancée visa route if you plan to return to the USA to live. If you return to the USA anytime after your 2 year anniversary she would be an IR1 not CR1 and would receive a 10 year green card upon visa approval and subsequent entry to the USA. She would also be able to get citizenship after living in the USA for 3 years as the married spouse of a USC. Hope that helps you!

Edited July 13, 2013 by NikiR

[squirrelisan 23]

Can't speak to how French visa's work at all...but here's my opinion on the US Visas.

• Is it indeed OK to get married in the US while she is here on a non-K1 visa, if she returns to Japan?

Yes no prob. Get married in the US, stay as long as her Visa Waiver doesn't expire (don't ever overstay, very bad). I think it's a good idea to leave the US prior to filing the I-130 petition.

• Would such a marriage require birth certificate or other unusual documentation beyond her passport

I think this depends on the municipality you get married in, for establishing identity and requirements for a marriage license/permit/certificate/etc. I think just a passport works in most places.

• If we intend to move to the US after France, would she need to first return to Japan in order to process the CR-1 visa? Or would she need to stay in France? Since this visa takes nearly a year, is there any way to start the process while we are living in France?

At some point yes, she would have to return to Japan (or the country of her residence) for the Interview portion, and to gather paperwork (family registry, police certificate, etc). She can stay wherever she is allowed to...just can't "stay" in the US while your CR-1 is pending (this is a grey area of sorts...) approved K1 visa holders CAN stay longer than 3 months while CR-1 is processing.

• Would you anticipate any particular disadvantages or problems involved with getting the CR-1 visa after getting married in France vs. getting married in the US?

Just the additional annoyance of translating (and getting a hold of) French marriage type documents. Doesn't matter where you get married really as long as you can get an actual legit documentation from an actual governmental body (and not written on a napkin).

• Do you see any optimal path to take to minimize future headaches in this situation?

Read the forums. LingChe's guide. Most of your future questions have been asked and answered already. Maybe file your CR1 from a country that has DCF option (I don't think France has a DCF tho)...usually quicker than going through USCIS/NVC.

[TBoneTX 45,382]

*** Thread moved from CR-1 Process forum to General Immigration Discussion -- OP hasn't filed yet, is contemplating visa paths, and has broader questions. ***