You are getting married in the United States
a) You live in France until
Before leaving the United States to get married, just ask the Consulate ” fiancé visa” or K . It is your future spouse who must do it and as soon as possible.
It should be granted to you easily but it takes at least 6 months and you will then have 3 months to get married in the US, once the visa is obtained.
The K visa can only be obtained outside of the US . He is intended to return legally to the US with the intention of marrying and living in the US . Unfortunately, obtaining this fiancé visa takes at least 6 months.
Which in any case requires a lot of planning!
If you intend to marry an American and you are arriving from France for the ceremony, especially do not enter the territory with a tourist visa or the equivalent.
Immigration officers, at the entrance to the territory, can very easily notice that you are coming to get married. You are liable to a ” visa fraud ” since you claimed to be a tourist when you came to get married. You can be immediately deported with a ban on returning to the US for many years. For traveling purpose you need to request advance parole form i-131 processing time .
Have a good start to your marriage!
We must, before starting your journey, your future US spouse files a fiance visa petition (e), called K1 visa from the BCIS or the US Consulate if American lives outside the US. Once you have obtained this visa, you have 90 days to get married after entering the country. The fiancé visa (K1) is made so that (the) or the future spouse can cross the border to get married. It must therefore necessarily be granted in the country where the future spouse resides.
If you are in US territory, you cannot apply for a fiancé visa. It takes at least 6 months to obtain this visa at the US consulate. Once you entered the US on a K-1 visa, which is a fiancé visa, you cannot leave the US until you get married. Or more exactly, you can leave but not come back with this visa. So then, no marriage. Once married, you and your wife can apply for the green card as well as permission to work and travel (advance parole).
Why not go as a tourist since you are going to marry an American and plan to live there?
Always for the reason of “visa fraud”. If you cross the border as a tourist and intend to live in the US, you are lying and things get very complicated. There was more than one who ended up on the return plane , as she had said in rapture that she was coming to get married when she had a tourist visa (or no visa, like the Visa Waiver) and intend to live in the USA with her husband.
And to come back to the US it can be very difficult after a “crime” of “visa fraud”. Admit that this is a not very pleasant start to the marriage.
In some cases at the border, when immigration officials suspect that a person posing as a tourist is getting married (they know how to ask the right questions), their luggage may be searched and demonstrate an intention to settle in the country. United States(for example if they contain important documents that a tourist would not need).
In this case, the “tourist” can be returned immediately and his entry into the United States refused in the future.
A bad start for a wedding …
However, you can very well come to the United States on a tourist visa to see your boyfriend and suddenly he decides to marry you. Since you did not cross the border with the intention of marrying an American, there is no more ” Be careful when crossing the border to have nothing as documents suggesting your intentions (see above).
The rule, unwritten, but applied is that if you get married within 30 days following your arrival as a tourist, there is fraud and it will be difficult for you to prove the contrary.
If you get married before 80 days, there will be suspicion of fraud and be very careful what you say. This marriage must have been decided in an impromptu way and you must have been surprised.
You never thought you would get married crossing the border, but life decided otherwise. Be very careful if you return to the US on a visa waiver or tourist visa. If immigration has the slightest suspicion that you are getting married, you will be turned away, and put back on the plane. More serious, you could be banned from living in the US for life for visa fraud. So be very careful with the documents you take and the answers you give to immigration.
May the newlyweds be sure to tell the same story.
If you get married after 80 days , there is no longer any suspicion of visa fraud but above all, do not forget to answer all the questions that you will be asked that you did not intend to get married in. arriving.
Once married, your spouse must apply for your green card. You have 6 months after the expiry date of your visa to submit your green card application. It now takes 12 months to get it, at least on the west coast. In the meantime, you will be able to benefit from a work permit and an “advance parole” to be able to travel. However, if the marriage took place less than 24 months before the date on which permanent resident status was obtained, this status will remain conditional for a period of 2 years.
This innovation was introduced in 1986 to stop marriages of convenience.
After filing the petition (which must be done within 90 days of expirationof the conditional green card), the situation of the spouses will be reassessed by BCIS, which will ask for proof that the spouses have a house or other property in common, that they have a residential lease in the name of both spouses, which ‘they have bank accounts or credit cards in common, that children are born out of wedlock, etc. It will then be easy for BCIS to detect marriages of convenience, if they have not already been suspected.
If the marriage was fraudulent, the foreign spouse may be “removed” and the spouses will be liable to criminal prosecution.
b) You live in the United States on a nonimmigrant visa.
As above, as soon as you are married, your husband asks for your green card.
You can no longer leave the United States since having applied for a green card, you can no longer re-enter on a nonimmigrant visa (except for H and L visas).
To avoid this inconvenience, you can request a “”which will allow you to travel while waiting for your green card and you will have a work permit.
c) You are living in the US illegally.
As long as you are the wife of a US citizen, you will still be able to get your green card if you have exceeded your visa time. However, there is a price to pay:You will not be able to obtain advance parole to be able to leave the territory. You will have to wait for the arrival of your green card.
However, you will be able to obtain a work permit.