US citizen marrying French

cbringuez · #1 (**permalink**) 22nd July 2009, 05:03 PM

Hi,

I have had a few posts on here before which helped me to make some decisions. Now we finally decided to get married. I live in NYC, and my BF lives in Paris. He is moving here next month and we are trying to figure out the right order to do all of this. Ideally we want him to be able to start applying for jobs as soon as he can. So here are the questions.

- When he arrives in the country should he just tell immigration that he is on vacation. He is going to purchase a round trip ticket and was going to tell them he was visiting his girlfriend for 2 months. Should he mention that we might get married?

- So we go to city hall and get the marriage certificate- will he need paperwork from France? Doctors notes, birth certificate?

- After we have the marriage certificate he can apply for the green card and work permit. I know the green card is a longer process... but I hear the work permit is 90 days sometimes less. Does having a lawyer help expedite this process.

- Will he be able to open a bank account or apply for credit before he has the green card? Will he be able to travel outside of the country before he has it as well?

Sorry for all the questions, we just want to hear your suggestions. You have all been so helpful thus far.

Thank you!!

Bevdeforges · #2 (**permalink**) 22nd July 2009, 06:18 PM

fatbrit will be through here pretty soon to give you his word on this, but let me first say - do NOT under any circumstances make up a story for immigration. He should not plan on "moving to the US" until he has his visa situation worked out.

Why not apply for a fiancé visa? It takes a couple of months, but it would vastly simplify your lives if he arrives in the US with a visa that allows him to get married and get himself set up more or less from the get-go.

The alternative is that you get married while he's in the US as a "visitor" - but then he will have to go back to apply for a spousal visa and re-enter the country properly.

OK fatbrit or someone else will have the details, but I spent my first two years here in France after marrying a French national as an illegal due to some bad advice from the consulate. Things ultimately got sorted out, but I can tell you I really wish I'd known there was a far, far simpler way to do this. Would have spared me considerable pain and aggravation.
Cheers,
Bev

cbringuez · #3 (**permalink**) 22nd July 2009, 06:47 PM

Oh no- they mentioned nothing at the US immigration office about him having to go back to France. So we could get the marriage certificate and then he has to go back to France for a different visa?

I am confused, I thought once I married him that I became his sponsor and he could stay. We have to apply for appropriate paperwork, but I did not know that entailed him going back to France.

Can you elaborate on that... thank you!

I would apply for the fiance visa- but we would need to get it before he comes to the country correct? Or could I apply for it now, he can still come as planned at the end of August, and we will get the visa while he is here on his 90-day visitor visa (which he does not need to apply for correct- it is just the limit they can stay in the country without a visa)

Fatbrit · #4 (**permalink**) 22nd July 2009, 06:49 PM

I was hoping to ignore this post. The problem is not only that it is the visa waiver express method but that it directly invites other participants to join a conspiracy.

While I have every sympathy because the inefficiency in the US immigration process prevents folks from continuing with their lives for an unreasonable length of time, I'm afraid I'm not going to give you the full details on how to defraud the system. A reasonably intelligent person can work it out for themselves with a little Google research. Pay great attention to the drawbacks when so doing. Whilst they might not be common, they sure can be severe.

It is fraudulent to enter the US as a tourist with the intention to remain, and it could also be considered a crime to aid such a person in committing fraud.

On your other general questions:-

Marriage is an exclusive state power, unlike immigration which rests squarely with the feds. Requirements for marriage will be on your state website.

Opening a bank account requires only proof of ID notwithstanding the idiocy of your local bank staff. If you have a SSN, you must provide it. However, you do not need require a SSN to open a bank account.

A good US credit score requires years to build. Start with a secured credit card @ $500, spend around $50 every month on it, and then pay off in full at the end of the month. Do this for 8 months, then apply for a real credit card. Do not rush it and go applying for credit lines every week -- this will mess it up!

cbringuez · #5 (**permalink**) 22nd July 2009, 07:06 PM

I did not realize this was a "conspiracy". Now I am just scared. We went to immigration and it never came up about what he would do when entering the country or that the way we were planning to do it was illegal. I did not think I could apply for a spousal visa before we were married. What would be the proper method of getting him in here- legally? Getting the fiance visa? So if someone was in the US on vacation, and fell in love and eloped, they could be commiting fraud? This is the first I am hearing of any of this.

Fatbrit · #6 (**permalink**) 22nd July 2009, 07:26 PM

Quote:

Originally Posted by cbringuez

I did not realize this was a "conspiracy". Now I am just scared. We went to immigration and it never came up about what he would do when entering the country or that the way we were planning to do it was illegal. I did not think I could apply for a spousal visa before we were married. What would be the proper method of getting him in here- legally? Getting the fiance visa? So if someone was in the US on vacation, and fell in love and eloped, they could be commiting fraud? This is the first I am hearing of any of this.

"So if someone was in the US on vacation, and fell in love and eloped, they could be commiting fraud?" Probably not. You have ignored the intent element.

Methods worth looking at other than the visa waiver express:

CR1 immigrant visa. He marries you (wherever) and then returns to his home county to process the visa. Takes 6-10 months.

K1 fiancée visa. He applies for a visa, then comes to the US to marry you. Takes 8-10 months.

thyrag · #7 (**permalink**) 27th July 2009, 08:19 AM

I have a boyfriend in the US and I went to the consulate here in Australia for my first visit to see him, and I got asked if I was going to get married there and if I did that it would be a messy situation. I was glad the employee told me that. So we are going to apply for the K1 fiancee visa which is the safest route for all concerned. I know we have to have lots of evidence of our relationship etc etc.
Good luck to you both
Thyra

Davis1 · #8 (**permalink**) 29th July 2009, 02:10 PM

Quote:

Originally Posted by thyrag

I have a boyfriend in the US and I went to the consulate here in Australia for my first visit to see him, and I got asked if I was going to get married there and if I did that it would be a messy situation. I was glad the employee told me that. So we are going to apply for the K1 fiancee visa which is the safest route for all concerned. I know we have to have lots of evidence of our relationship etc etc.
Good luck to you both
Thyra

Well done .. you will sleep good at night ...even though its quite a stressful process