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

[Agathon 3]

Interesting… and confusing. 😋

 

He and I will have to make a decision on how to proceed, but renewing my ESTA just before effectively starting either process seems like a good safety net.

 

As for changing names, we’re most probably going to hyphenate. If we decide to get married in France in May, then I’ll renew my passport right after so the name change appears on it.

[geowrian 22,338]

26 minutes ago, Duke & Marie said:

Agreed, but on CR1 that would likely by 18 mths down the track.. in which case the vwp is getting close to expiry anyways, if initially renewed right after marriage, so definitely makes sense to renew it prior to submitting CR1 petition.. 

 

were at nvc now, I renewed after marriage etc and still have authority to travel until June 2020 so is working out reasonably well timed.. 

I got what you meant right after and edited.

[Boiler 45,903]

4 hours ago, Duke & Marie said:

An add on from this... whichever visa you go for, I’d recommend renewing your VWP prior to submitting either of the applications as a precaution, just so you know you’ve got a visa for 2 years to visit etc while it gets processed.. 

That is not how the VWP works.

[Orangesapples 1,954]

6 hours ago, Duke & Marie said:

 

Vwp application is almost instant on line, so leave it as long as possible before submitting k1/CR1 applications.. 

 

if you choose to marry in may, think name change? If you take husband name, you’ll need to update passport before renewing vwp in new name, prior to submitting CR1 petition 

 

also updating of passport, helps with providing proof of Bonified marriage so is kind of a plus plus.. 

Name change is not necessary and it's kind of a pain anyway. Best not to change the name, makes life easier. It does not help with proving bona fide marriage anyway. 

[carmel34 3,650]

19 hours ago, Agathon said:

I work online

Keep in mind that if you decide to go down the K-1 path, you will not be able to work once entering the US on the K-1 visa, even online, for 6 months or more while waiting for EAD.  Also with a K-1 if you leave the country before getting AP (also 6+ months) you will have to start all over.  Do more research on the pros and cons of a K-1, look at the long period of waiting for EAD/AP and AOS, some who choose K-1 regret it later because the foreign spouse can't drive, work, or travel for six months or longer, and it can put a lot of stress on the relationship that can be prevented.  Your best option would be to file for a CR-1 since immediately after entering the US you can work, get a driver's license, or travel abroad if necessary.  Good luck!

Edited December 18, 2019 by carmel34

[Orangesapples 1,954]

1 hour ago, carmel34 said:

Keep in mind that if you decide to go down the K-1 path, you will not be able to work once entering the US on the K-1 visa, even online, for 6 months or more while waiting for EAD.  Also with a K-1 if you leave the country before getting AP (also 6+ months) you will have to start all over.  Do more research on the pros and cons of a K-1, look at the long period of waiting for EAD/AP and AOS, some who choose K-1 regret it later because the foreign spouse can't drive, work, or travel for six months or longer, and it can put a lot of stress on the relationship that can be prevented.  Your best option would be to file for a CR-1 since immediately after entering the US you can work, get a driver's license, or travel abroad if necessary.  Good luck!

Yep. Got here on a K1, I waited for around 4 months for EAD (2 years ago) and I was pretty miserable. Don't recommend it. 

[Duke & Marie 1,389]

3 hours ago, Orangesapples said:

Name change is not necessary and it's kind of a pain anyway. Best not to change the name, makes life easier. It does not help with proving bona fide marriage anyway. 

I did say if she chooses to take her husbands name, she’ll need to renew her passport, if that’s renewed, she’ll also need to obtain a new waiver.

 

whilst not necessary to take his name, the vast majority of spouses do. Also yes, it does provide an additional Piece of evidence that suggests the relationship is real,  particularly for those residing in different countries where co-mingling of assets, finances etc is sometimes difficult or limited. 

[kris&me 572]

what needs to be mentioned is the K1 does not allow you to work (even online) after K1 entry until your AOS (that costs at this time $1225 and will likely increase sometime next year as following statement says

 

Under the proposal, the cost to file an adjustment application will increase to $2,195 and applicants will be required to pay fees of $490 for each employment authorization document renewal and $585 for each travel document renewal.

 

it ends up to be more worthwhile to marry in foreign country and be able to work as soon as you enter the US without the above fees

[SalishSea 18,069]

4 hours ago, Orangesapples said:

Name change is not necessary and it's kind of a pain anyway. Best not to change the name, makes life easier. It does not help with proving bona fide marriage anyway. 

I agree.  But, it is a perfectly valid choice to either change or not change. 

[SalishSea 18,069]

40 minutes ago, Duke & Marie said:

Also yes, it does provide an additional Piece of evidence that suggests the relationship is real,  particularly for those residing in different countries where co-mingling of assets, finances etc is sometimes difficult or limited. 

Not really. It is about as useful as using the birth of a child from the marital union as evidence of a bona fide marriage.

 

The best evidence is still time spent in person.

[Agathon 3]

I feel like I have to start every message by thanking everyone again for their help. All these conversations are really valuable, and I appreciate everyone taking time to give their input.

 

I must admit that because of the work thing, I’m leaning more and more towards a wedding in France, and then applying for a CR1. So, let’s imagine we get married in May and start the CR1 process right after, with what type of visa can I go visit him during the time it takes to eventually get approved for a CR1 visa? I could renew my ESTA just before the wedding… Some of you have also mentioned applying for a B visa… It seems crazy that there isn’t one specific type of visa for people visiting their significant other while waiting for a CR1 approval… I’m sure a lot of people visit their future husband/wife in the US during that very long period of time… Is there even a way just to stay in the US while waiting for the CR1 approval?

 

As for updating my passport to reflect the hyphenation of our names, I’m willing to do it. If it helps our case, then that’s good. If it doesn’t, I guess it won’t play against us anyway.

 

Oh, and quick correction: I’m not a she. Fortunately, both France and California allow same sex mariage. 😉

[Boiler 45,903]

Use the VWP to visit, it is what it is for.

[SalishSea 18,069]

1 hour ago, Agathon said:

Oh, and quick correction: I’m not a she. Fortunately, both France and California allow same sex mariage. 😉

Actually, same sex marriage has been legal in all 50 states since 2015.  <3

[SalishSea 18,069]

2 hours ago, Agathon said:

Is there even a way just to stay in the US while waiting for the CR1 approval?

 

No, not really.  Visiting is limited by the conditions of the B visas/VWP.  Duration of admission is given by CBP at the border.

[Agathon 3]

Well, I wanted to thank you all very much for your help. I feel like we have a clearer view of what could work for us.

 

I’ll probably have more questions as we get things started and going, but in the meantime, have a great holiday season, and Merry Christmas to you all! 🥳