French man married with French-American Woman who both live in France => Which VISA?

[jeremy_fritzen 1]

Hi everybody,

 

First of all, I would like to say I am really happy to have found this Forum

I would like to have your advice about the best way to go to the USA to live in there.

 

I am French and I live with a French-American Woman in Paris, France. We both work in Paris and plan to go and live in the United States, Florida to be more precise.

We are not married for the moment but we will be in 3 months (November 2018).

 

More information about our situation:

- My wife-to-be doesn't have a residence, as she lives in Paris, France

- My wife lived in the USA from 1 year old to approx. 10 years old but never worked there

- Even if she never worked there and never had to pay taxes, she submitted her tax returns

- My wife's current employer is an American company. She will have a position in the US before leaving France

- She has family in the US:

         - American cousins who live and work in the US

         - her brother, who he's American and French and has been working in Florida since 1 year

         - her mother, who he's French & married to an American since +10 years and has a Green Card. She has incomes (buying & reselling real estate after renovating it + French pension)

 

 

In your opinion, what's our best option for me to live and work in the USA in order to follow my wife-to-be?

I am considering 3 VISA but I'm not sure:

- K1 => If I well understood, this VISA is only suitable for a foreign fiancé. As we plan to be married in 3 months, I think we can't apply for this VISA. Do you agree? Do you think we can try it before getting married?

- K3 => As I understood, this VISA is kind of obsolete or, at least, I should chose the IR1/CR1 instead.

- IR1 or CR1 => I think it's the most suitable VISA for my situation but my wife-to-be must have a residence in the US and submit the Affidavit of Support. As she never worked in the US for the moment, she can't complete this document.   

 

What do you think?

Thank you all very much for any kind of advice!

 

Angie & Jeremy

[pushbrk 13,254]

The CR1 visa is the only visa available to a newlywed spouse of a US Citizen.  The affidavit of support is submitted later in the process, not with the petition.  You will have to sort out sponsorship or you will not be immigrating to the USA.

 

You wife MUST submit the form I-864 (Affidavit of Support) at the second stage of the process, whether she qualifies as the sponsor or not.  

Edited August 9, 2018 by pushbrk

[Roel 7,193]

Cr1 Visa. Wife needs domicile. US tax returns obviously. Since she is Us citizens it was her duty to file those.  Might need a co sponsor. Can't get around this. 

 

K1 is no good if you're getting married in France soon. 

 

Ps. And it's just "visa" not "VISA". Unless you seek credit card advices.

Edited August 9, 2018 by Roel

[pushbrk 13,254]

1 minute ago, Roel said:

Cr1 Visa. Wife needs domicile. US tax returns obviously. Since she is Us citizens it was her duty to file those.  Might need a co sponsor. Can't get around this. 

 

K1 is no good if you're getting married in France soon. 

The wife does not need "domicile".  She will need evidence she intends to establish or re-establish domicile in the US.  She may or may not need to file tax returns.  It depends on whether she has been working or not.  If she is earning more than the minimum filing threshold but less than the foreign income exemption, she will need to file but will not owe any tax.

[Roel 7,193]

1 minute ago, pushbrk said:

The wife does not need "domicile". 

 

 

 

1 minute ago, pushbrk said:

 

She will need evidence she intends to establish or re-establish domicile in the US. 

Pretty much what I said but I don't feel like going into details are necessary since the domicile thing is obvious once someone actually Google it. but thanks. 

 

1 minute ago, pushbrk said:

 

She may or may not need to file tax returns. 

 

1 minute ago, pushbrk said:

She will need to file but will not owe any tax.

So which one is it? You seem to always pick on my posts for some reason.  And I didn't say anything about owning. I said she needs to file taxes since they will need it for the interview. 

[pushbrk 13,254]

10 minutes ago, Roel said:

 

 

Pretty much what I said but I don't feel like going into details are necessary since the domicile thing is obvious once someone actually Google it. but thanks. 

 

 

So which one is it? You seem to always pick on my posts for some reason.  And I didn't say anything about owning. I said she needs to file taxes since they will need it for the interview. 

We communicate with words here and words have meaning.  Your statement about domicile was not accurate.  You don't know if she is required to file any tax returns or not, because you don't know whether she has been working or any of the other things you would need to know to make that statement.

 

If you don't want your posts contradicted, make them accurate.

Edited August 9, 2018 by pushbrk

[jeremy_fritzen 1]

Thank you both for your help! 

Actually she filed her taxes because she earns more than the minimum threshold. But she doesn't owe any US tax (but she paid French tax). 

 

Regarding the process I have to follow, if I well understand, we have to first complete the petition (by my wife), then later, she has to complete the I-864 (affidavit of support) with a co-sponsor who has enough incomes (as her mother who has a green card) and US residence? 

 

Sorry, even with a lot of readings, I'm still lost. 😕

Thank you again for your help

 

[pushbrk 13,254]

26 minutes ago, jeremy_fritzen said:

Thank you both for your help! 

Actually she filed her taxes because she earns more than the minimum threshold. But she doesn't owe any US tax (but she paid French tax). 

 

Regarding the process I have to follow, if I well understand, we have to first complete the petition (by my wife), then later, she has to complete the I-864 (affidavit of support) with a co-sponsor who has enough incomes (as her mother who has a green card) and US residence? 

 

Sorry, even with a lot of readings, I'm still lost. 😕

Thank you again for your help

 

The above is correct.  There's more to it than that and mother will be Joint Sponsor but you have the order correct.  To understand the affidavit of support, download the form AND its instructions and study those.

[jeremy_fritzen 1]

Hi,

 

Thank you for your answer.

A friend of mine, who is married to an American man, suggested me another idea but I would like to have your opinion.

 

She advised me to get married in the US instead of France.

We would have to cancel the wedding at the city hall (in France), planned in 3 months and reschedule it in an US town (in Pensacola, Florida, for example). We would keep of course the big celebration in France because a big part of our families is in there but we would also make a celebration in the US.

 

What do you think about this option?

How will it be perceived by the US administration?

 

In my opinion, this option is risky because if the US Administration thinks it is a "fake wedding" (because the wedding has been planned very quickly or because we don't live in the US yet, etc.), there will no more any option to get visa.

 

Thank you again for your opinion and explanation.

 

Regards

 

Angie & Jeremy

Edited August 15, 2018 by jeremy_fritzen

[redvines 57]

There is no difference, legally married is legally married no matter what country. Why did your friend suggest to change to USA? So her family can be there? Nothing stopping you having two wedding receptions/celebrations (one in France and one in USA) but keeping the actual wedding ceremony as is.

 

Edited August 15, 2018 by redvines
Added legally, aware some people from other cultures have legal/religious weddings and didn't want to be ambigious

[Roel 7,193]

2 hours ago, jeremy_fritzen said:

Hi,

 

Thank you for your answer.

A friend of mine, who is married to an American man, suggested me another idea but I would like to have your opinion.

 

She advised me to get married in the US instead of France.

We would have to cancel the wedding at the city hall (in France), planned in 3 months and reschedule it in an US town (in Pensacola, Florida, for example). We would keep of course the big celebration in France because a big part of our families is in there but we would also make a celebration in the US.

 

What do you think about this option?

How will it be perceived by the US administration?

 

In my opinion, this option is risky because if the US Administration thinks it is a "fake wedding" (because the wedding has been planned very quickly or because we don't live in the US yet, etc.), there will no more any option to get visa.

 

Thank you again for your opinion and explanation.

 

Regards

 

Angie & Jeremy

I assume after the wedding in the US you plan on coming back to France and processing the CR1 Visa. 

 

I hope the friend didn't suggest getting married and planning on adjusting status in the US since that's the immigration fraud. 

 

Though if you already have things planned in France it's kind of a hassle to reschedule everything in my opinion.  😛

 

But in the end it really doesn't matter where you get married as long as you pick your legal path (k1 or cr1). 

[pushbrk 13,254]

15 hours ago, jeremy_fritzen said:

Hi,

 

Thank you for your answer.

A friend of mine, who is married to an American man, suggested me another idea but I would like to have your opinion.

 

She advised me to get married in the US instead of France.

We would have to cancel the wedding at the city hall (in France), planned in 3 months and reschedule it in an US town (in Pensacola, Florida, for example). We would keep of course the big celebration in France because a big part of our families is in there but we would also make a celebration in the US.

 

What do you think about this option?

How will it be perceived by the US administration?

 

In my opinion, this option is risky because if the US Administration thinks it is a "fake wedding" (because the wedding has been planned very quickly or because we don't live in the US yet, etc.), there will no more any option to get visa.

 

Thank you again for your opinion and explanation.

 

Regards

 

Angie & Jeremy

Married is married.  I see no advantage to marrying in the US.  What was the reasoning behind the suggestion?

 

[Jojo92122 1,924]

15 hours ago, jeremy_fritzen said:

Hi,

 

Thank you for your answer.

A friend of mine, who is married to an American man, suggested me another idea but I would like to have your opinion.

 

She advised me to get married in the US instead of France.

We would have to cancel the wedding at the city hall (in France), planned in 3 months and reschedule it in an US town (in Pensacola, Florida, for example). We would keep of course the big celebration in France because a big part of our families is in there but we would also make a celebration in the US.

 

What do you think about this option?

How will it be perceived by the US administration?

 

In my opinion, this option is risky because if the US Administration thinks it is a "fake wedding" (because the wedding has been planned very quickly or because we don't live in the US yet, etc.), there will no more any option to get visa.

 

Thank you again for your opinion and explanation.

 

Regards

 

Angie & Jeremy

What's the advantage of switching to the US?  Married is married so it doesn't matter if you get marry in the US or France.  

[jeremy_fritzen 1]

Actually, reading the k1 visa and other opinions about the delivery time of, we thought that if we were fiancé in the US and then married in there, the process would be easier or quicker. Of course I don't want to cheat.

 

I understand that it's not true or, at least, it's useless to change my original wedding plan.

 

Thanks again for your opinions. We are currently checking with my wife-to-be and her mother if my mother-in-law is eligible to be a co-sponsor. I really hope it will be enough. 

 

Jeremy

[Roel 7,193]

It will be quicker by like 2 months at the most plus you have AOS after that which will cost over 1200$ and will take another year for approval. So k1 is actually more complicated. There is wait for work permit and travel permit so if your fiance wants to find work in the US fast, she won't be able to. 

 

But of course it's your choice.