# Marrying my French boyfriend- QUESTIONS



## cbringuez (Jan 26, 2009)

My boyfriend is moving here at the end of August/September. I am almost 100% certain that him getting a job in the first 3 months he is here is impossible because of the 2009 H1-B quota (not sure if it is filled yet). I think the option of marriage is the best route to go. I have a few questions:

- Should we go through the US or France for the marriage. A friend of mine said it was easier to get a greencard if we did the marriage paperwork through France because they do not do as much background checking as in the US. He said to get the French marriage certificate and then file for the greencard application after. Does that sound correct. 

- If we must get married n the US what paperwork will my boyfriend need to bring with him from France? Once he gets here he wants to try to avoid going back just for documents. 

- Would you recommend hiring a lawyer to handle all the paperwork. I found one who would do everything for around 1200 and I heard that is a reasonable deal. I am just wondering if it necessary. 

- Once we get the marriage certificate how long does it take before he can start working in US? Does he need to get the greencard first? I heard the greencard process can take up to 6 months. 

- I understand when he arrives he can only stay for 90 days without a visa. But once we are married can he stay indefinitely, or not until he has the greencard?

I hope I am clear in my questions. Just hearing a lot of information and not sure what is factual and not. We went to the immigration office in April when he was here last and they really were not much help. I appreciate any clarity you can provide. 

Thank you!!


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## Fatbrit (May 8, 2008)

Your posts confuse me. Are you looking at getting him over on an H1b, which means an employer sponsors him? Or is he coming over via his marriage or potential marriage to you?

I'm sure your friend has many wonderful qualities.....but US immigration matters are not her strong point with respect to knowledge. 

You can marry anywhere. It's pretty irrelevant to either the K1 or the CR1 immigration process. You should check to see whether the French authorities require you to apply for a visa to get married there....as this may complicate matters.

The process is complicated and drawn out. Either get a lawyer to guide you or you need to do a lot more studying. Most folks do it themselves if there are no skeletons in the closet. A lawyer @ $1200 for all the paperwork sounds suspiciously cheap. Check their standing at the bar and whether or not they are AILA members. I'd also ask for references if I were you. Is this for the whole journey or just part of it?

Anyway, here's a quick breakdown of the marriage visas to get you started with your research:

If not married, K1 -- "fiancée visa" -- takes 8 to 10 months for issue if no special circumstances -- must marry you within 90 days of arrival -- work sort of permitted from day one but only with entry at JFK, work permission may expire between 90 days and EAD reciened -- must complete adjustment to permanent resident (green card) after marriage.

If married, CR1 immigrant visa -- "spouse visa" -- takes 8 to 10 months for issue if no special circumstances -- work permitted from day of arrival -- must file further paperwork to maintain status 2 years after arrival

K3 visa -- avoid at all costs!

I'd recommend getting a copy of Nolo's U.S. Immigration Made Easy from Amazon or your local library if you're going to go DIY. And even with professional help, an informed consumer is best.


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## cbringuez (Jan 26, 2009)

Sorry for the confusion. We are hoping that he can get an H1-B. He has an impressive resume, a masters degree, and very desired set of skills. However, with it being so late in the year, the odds are not looking so great. So our plan was for him to come end of August, and while he is here try for the H1-B the first 30 days. He is currently applying to positions right now while he is in France, but it is difficult to find someone interested b/c he is unable to come until September (his resignation at his current job takes 3 months). If in these next few months and the first 30 days he is here nothing seems to be promising we will get married- I am thinking that is is really our only option that late.

My friend who offered the advice about marrying in France was the one who refered me to the lawyer. He is from Serbia and just went through the entire process with this lawyer. He married an American, and now has a green card. I was getting offered that price because he was referring me. The 1200 includes all the paper work for the marriage, work permit, and green card and also the lawyer will accompany us to the interview. I was considering doing it because everything seemed to work out for him fine, and quickly. 

When you say it takes 8-10 months to issue the CR1 visa is he permitted to stay while we are waiting for the visa if we have already married? You say he can start working from day one, is day one after we have a marriage certificate, or after we receive the visa? I ask because at the immigration office we were told that when he comes once we have the marriage certificate he is permitted to stay, that we apply for the work permit the same day as the visa and both usually go through in about 90 days. 

Once we get the marriage certificate in the US is he permitted to stay while we wait for the greencard application to go through?

I will definitely check out the book you are recommending as well. As you can tel I am very confused about this entire process. 

Thank you for your help!


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## Bevdeforges (Nov 16, 2007)

I wouldn't recommend getting married in France. It's a much longer process than what you're used to in the US and it would require you to spend probably a good month or two in France getting the necessary documents, translations, etc., none of which are cheap.

If you're still interested, there is an information page on the American Consulate in France site here: http://france.usembassy.gov/root/pdfs/paris-marriage.pdf

Oh, and even if you get married in France, his entry to the US isn't automatic afterward. You would still have to sponsor him (i.e. prove you can support him) for a spouse visa which takes, as fatbrit has already said, 8 to 10 months. So, either you need a visa to stay with him in France or you wind up apart for a significant period of time after your marriage.
Cheers,
Bev


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## frenchie (Dec 12, 2008)

If he gets married and adjust here while on VWP, you might want to read up on intent to immigrate. There is a risk that an immigration officer sees the fact of getting married on VWP as a fraud, especially since he wouldn't have any ties to France anymore (ie, job...).


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## bradleyt (Jun 5, 2009)

If you go through the US you can apply for a fiancee visa and you have 6 months to get married. Getting married through France doesn't give you a US green card nor does it make him a citizen (unlike what some people think).


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