# K3 Spouse Visa/Green Card. Wanting to move to America



## lacicolleen (Sep 17, 2012)

Hello all. My French fiance and I are planning on getting married soon. I am an American student in France on a long stay student visa. We'd like to get married in France and then move back to the U.S. What I'm confused on is whether we need to apply for a nonimmigrant visa - a green card- or a K3 spouse visa. I've also read conflicting information as to whether the paperwork must be filed from the U.S. or can be done at the embassy in Paris. I'd like to know if there is a way for us to get married in France and then go together to the U.S., after completing the required paperwork, without having to be separated. And also how long the process might take. Thank you all, very much, for any help with the matter.


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## Bevdeforges (Nov 16, 2007)

If you're planning on getting married in France, you'll have to wait until after your marriage, and then you can file for a spouse visa. This is the appropriate page from the Paris Consulate: Immediate Relatives | Embassy of the United States Paris, France

You will need to sponsor your new wife - which means you'll have to have either a means of supporting her, or a co-sponsor with adequate finances to do so. You'll also have to have made some arrangement for where you'll be living in the US. (Though you can stay with your co-sponsor or other family member until you get yourself organized.)
Cheers,
Bev


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## lacicolleen (Sep 17, 2012)

Thank you very much Bev. Here's what I'm confused on while looking at the Embassy page. First it says that "If the petitioner resides in a country in which USCIS has a public counter presence, the Form I-130 may be filed directly with the USCIS field office (see instructions below) or through the USCIS Chicago Lockbox at one of the below addresses.

- If the petitioner resides in a country where USCIS does not have a public counter presence, the Form I-130 must be filed with the USCIS Chicago Lockbox at one of the addresses below, unless the petitioner requests and is granted an exception based on one of the criteria
described below:"

However, it then says "All U.S. citizens and lawful permanent residents (“green card” holders) with a permanent address in the United States will file I-130 petitions at the USCIS service center in the United States having jurisdiction over their place of residence. A list of service centers is included in the instructions with downloadable Form I-130." 

As a student in France, am I considered to still have a permanent address in the U.S. and will I therefore need to fly home to file the paperwork? Or would I be able to mail it to the Chicago Lockbox? Again, thanks very much.


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## lacicolleen (Sep 17, 2012)

Also, it seems to possible to use the form I-I29F, application for fiancee visa, after being married in france in order to get a K3 visa. If the instruction page is right, there is no fee for this. Would this be a better way to go?


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## Bevdeforges (Nov 16, 2007)

I'm moving this thread over to the US section, where folks have more experience with this sort of thing.
Cheers,
Bev


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## Davis1 (Feb 20, 2009)

lacicolleen said:


> Also, it seems to possible to use the form I-I29F, application for fiancee visa, after being married in france in order to get a K3 visa. If the instruction page is right, there is no fee for this. Would this be a better way to go?


A fiancee visa is for those not yet married
You will go for the spousal visa CR1
the K-3 is pretty much obsolete

spousal visa CR1
Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1)


Nonimmigrant Visa for a Spouse (K-3)


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