Should we marry in France or in the US to eventually live together in the US?

[Agathon 3]

Hi everyone!

 

My boyfriend (US citizen) and I (French citizen) met in July 2018 (almost 18 months ago) while on a trip with friends. Since then, I’ve gone to see him 3 times for about a month each time, and he’s come over just once. We want to get married and live together in the US. We have a ton of questions, and it’s hard to know where to start. Here are a few of those questions:

 

- Where should we get married? In France or in the US? The goal is for me to move to the US, so depending on where we get married, the process won’t be the same.

- I work as a freelancer (which is why I can go see him for extended periods of time so often). I work for French clients, and when I spend time in the US, I’m not there to work (i.e. to "steal" an American citizen’s job), I’m doing the same work as if I were in France or anywhere else. Could this be an issue?

- If we decide to get married in the US and apply for a K1 Visa for me, can I still visit him under the ESTA waiver program? Mine is only valid until June 2020. If needed, can I apply for a new ESTA visa while the K1 process is still underway?

- He’s coming to visit me and meet my family in May, should we just get married in France then? Could I easily move to the US after that, and not just under the ESTA waiver program?

 

Sorry if this is a bit all over the place… Thank you so much for your help and input!

 

[Boiler 45,527]

The process is exactly the same if you marry in France or the US, so whichever makes most sense for other reasons.

 

K1 if for fiancees not those married and would not work well with your work need.

 

You can visit, now working would likely get you into trouble, on the VWP.

 

Marry in May sounds good and then he can file for a CR1 which will lead to an immigrant visa allowing you to move to the US.

 

Excellent guides on here will help you understand the process.

[SalishSea 17,837]

15 minutes ago, Agathon said:

I work as a freelancer (which is why I can go see him for extended periods of time so often). I work for French clients, and when I spend time in the US, I’m not there to work (i.e. to "steal" an American citizen’s job), I’m doing the same work as if I were in France or anywhere else. Could this be an issue?

This is actually not allowed and could create issues for a future visa for you.

 

The location of the marriage is irrelevant, although if you go for a fiancee visa, it would have to take place in the US.

Edited December 17, 2019 by Jorgedig

[SalishSea 17,837]

16 minutes ago, Agathon said:

He’s coming to visit me and meet my family in May, should we just get married in France then? Could I easily move to the US after that, and not just under the ESTA waiver program?

 

It would take a 12-18 months for you to receive the spousal visa.

[Agathon 3]

Wow, I wasn’t expecting such quick answers, thank you both so much.

 

So… The best thing would be to get married in May, and then apply for a spousal visa (CR1). If we start the process after our French marriage in May, can I still visit him in the US on the ESTA VWP? Since my ESTA is valid until the end of June 2020, that means I would have to renew it a month after getting married, could that be an issue?

[Boiler 45,527]

Should not be an issue renewing ESTA, just make sure you do not abuse the VWP.

[SalishSea 17,837]

3 minutes ago, Agathon said:

Wow, I wasn’t expecting such quick answers, thank you both so much.

 

So… The best thing would be to get married in May, and then apply for a spousal visa (CR1). If we start the process after our French marriage in May, can I still visit him in the US on the ESTA VWP? Since my ESTA is valid until the end of June 2020, that means I would have to renew it a month after getting married, could that be an issue?

It could be an issue, as having a pending spousal petition does infer immigrant intent.  There is really no way to know whether a subsequent ESTA would be approved.

[Agathon 3]

2 minutes ago, Boiler said:

Should not be an issue renewing ESTA, just make sure you do not abuse the VWP.

So far, I’ve spent about a month there each time, with two months in France between each visit.

 

 

1 minute ago, Jorgedig said:

It could be an issue, as having a pending spousal petition does infer immigrant intent.  There is really no way to know whether a subsequent ESTA would be approved.

I see. Would I have to wait 12-18 months to receive the spousal visa before I can go back to see him? That sounds crazy!

 

 

[SalishSea 17,837]

Just now, Agathon said:

So far, I’ve spent about a month there each time, with two months in France between each visit.

 

 

I see. Would I have to wait 12-18 months to receive the spousal visa before I can go back to see him? That sounds crazy!

 

 

Well, there are no guarantees.  What are your ties to home?  Working online (and especially if you're doing that while in the US) are weak ties.

 

My now-husband visited on a B visa after our petition was filed, with no problem.  But he also had strong ties to home, and couldn't just pack up and move abruptly on one of his visits.  

[Agathon 3]

My ties to home are mostly my family and friends. I also own my apartment. As you said, work not so much since I work online.

 

I saw that the B visa covered people who were visiting family, so I guess it’s on that basis that your husband was able to visit you, right? That is, if you were married in his country before.

 

Sorry for the endless questions, but this is very helpful. Thank you so much.

[SalishSea 17,837]

1 hour ago, Agathon said:

My ties to home are mostly my family and friends. I also own my apartment. As you said, work not so much since I work online.

 

I saw that the B visa covered people who were visiting family, so I guess it’s on that basis that your husband was able to visit you, right? That is, if you were married in his country before.

 

Sorry for the endless questions, but this is very helpful. Thank you so much.

No, we did a K-1 visa, so during the visits we were not married.  He visited a few times on the VWP, and then got the B visa (before we filed the petition).  Then he visited on the B visa with a pending K petition.  In fact, he was here when we got notice of approval.

[LilyJ 1,258]

3 hours ago, Agathon said:

Wow, I wasn’t expecting such quick answers, thank you both so much.

 

So… The best thing would be to get married in May, and then apply for a spousal visa (CR1). If we start the process after our French marriage in May, can I still visit him in the US on the ESTA VWP? Since my ESTA is valid until the end of June 2020, that means I would have to renew it a month after getting married, could that be an issue?

We renewed my husband's ESTA back in July of this year, as it was expiring. We were 5 months into the CR1 process at that point. Hid ESTA was reapproved without issue. Though whether or not you are allowed to enter when you visit, is up to the CBP, so bringing proof of ties to France is a good idea. My husband has no ties to his home country, so he was pulled into secondary questioning when he came to visit, but he was still let in. I think the rate of refused visitors is fairly low I've heard, but just keep in mind that risk though that although you can renew your ESTA, it's still up to CBP if you're let into the US to visit. Once my husband told them in secondary that we are doing the visa and that he was waiting for NVC case number and that he is going to interview in Sweden, they let him in

[igoyougoduke 1,656]

Online job -weak ties to france

CR1 applies - immigrant intent

ESTA - non immigrant intent

 

if CBP pulls aside there is a good chance ESTA will get revoked. As other folks have indicated having a B1/B2 visa shows the consulate has vetted you and you will be better off entering on B1/B2 rather than ESTA.

 

 

[LilyJ 1,258]

6 minutes ago, Donald120383 said:

Online job -weak ties to france

CR1 applies - immigrant intent

ESTA - non immigrant intent

 

if CBP pulls aside there is a good chance ESTA will get revoked. As other folks have indicated having a B1/B2 visa shows the consulate has vetted you and you will be better off entering on B1/B2 rather than ESTA.

 

 

A B visa also is non-immigrant intent. To get a B visa after applying for a CR1 would be a pretty unlikely task vs renewing an ESTA. Not to mention, you are still subject to being pulled aside, rejected entry, and visa revoked with a B visa with weak home country ties, it doesn't guarantee you any more likely entrance into the US. Being pulled aside also does not mean revoked ESTA, being rejected entry does, but that can just as easily happen with a B visa. The problem isn't being vetted or not, it's whether or not the CBP officer is convinced you will return to your home country 

[SalishSea 17,837]

17 minutes ago, LilyJ said:

A B visa also is non-immigrant intent. To get a B visa after applying for a CR1 would be a pretty unlikely task vs renewing an ESTA. Not to mention, you are still subject to being pulled aside, rejected entry, and visa revoked with a B visa with weak home country ties, it doesn't guarantee you any more likely entrance into the US. Being pulled aside also does not mean revoked ESTA, being rejected entry does, but that can just as easily happen with a B visa. The problem isn't being vetted or not, it's whether or not the CBP officer is convinced you will return to your home country 

OP could apply for the B visa before doing the petition.