# H1b marrying a French citizen in US



## acop (Sep 28, 2011)

Hi, I'm from China and live in California right now on H1B visa. About 7 months ago, I met my girlfriend here when she was traveling in US. We fell in love and plan to get married in 2012. She is a French citizen, and can't stay here for more than 90 days currently with her passport. She does not have any US visa. Could you please shed some light on what to look out when we plan for our wedding?

I've been to France and learned it's more hassle to get married in France, so we plan to get married here in US.

I googled Internet and searched this forum for answers to my situation to no avail. Any input will be appreciated!
Thanks!
alex


----------



## Fatbrit (May 8, 2008)

acop said:


> Hi, I'm from China and live in California right now on H1B visa. About 7 months ago, I met my girlfriend here when she was traveling in US. We fell in love and plan to get married in 2012. She is a French citizen, and can't stay here for more than 90 days currently with her passport. She does not have any US visa. Could you please shed some light on what to look out when we plan for our wedding?
> 
> I've been to France and learned it's more hassle to get married in France, so we plan to get married here in US.
> 
> ...


Marriage in the US is a state thing -- so there are more than 50 systems in place. Generally, one of the parties has to be resident in the state for a fixed period of time to apply for the license.

There is nothing wrong in entering on the VWP and marrying. However, your spouse will need to leave within 90 days.

Your spouse will be eligible for an H4 visa which allows her to live but NOT work in the US. If she entered on a VWP, she will need to leave the US to apply for this visa -- she cannot change her immigration status inside the US.


----------



## acop (Sep 28, 2011)

Fatbrit, Thank you for your reply!

I understand your reply. In addition to that, I guess we'll need to inform France Consulate in Los Angeles (I live in L.A.) about our marriage after the wedding. Likewise, I'll need to inform China Consulate about our marriage too. Is there anything else I need to pay attention to?

Do you happen to know what's California's marriage license requirement for H1b workers? I've been living in LA for more than 5 years.

Thank you very much!
Alex


----------



## Bevdeforges (Nov 16, 2007)

Go to your local town hall and ask them for their list of what's required to marry where both bride and groom are non-US citizens. Normally, it's not really that much more than for citizens - birth certificates, blood tests (though I understand these have been dropped now), and in your cases, probably your passports.

Consider contacting the LA consulate to ask what their requirements are for getting a livret de famille (the French marriage document). If and when you decide to relocate to France, it will be one big obstacle out of the way if you already have this done.

And once your bride returns to the US with her visa, she should register with the French consulate to keep herself up to date (carte d'identité, voting, etc.) just to avoid any future problems.
Cheers,
Bev


----------



## Fatbrit (May 8, 2008)

acop said:


> Fatbrit, Thank you for your reply!
> 
> I understand your reply. In addition to that, I guess we'll need to inform France Consulate in Los Angeles (I live in L.A.) about our marriage after the wedding. Likewise, I'll need to inform China Consulate about our marriage too. Is there anything else I need to pay attention to?
> 
> ...


Your immigration status should be immaterial for marriage.

Instructions for CA here: http://www.cdph.ca.gov/certlic/birthdeathmar/Documents/Marriage Ceremony info.pdf

You need to plan her application for an H4 visa after she's married.

At 5 years, you're approaching the limit for H1b. Is your employer sponsoring you for a GC? If so, you will need to get her on the ticket. If not, you both need to decide where you're living after your H!b comes to an end.


----------



## Fatbrit (May 8, 2008)

After thought. If your company is sponsoring you for a GC and the process is near completion, then you're in a mess. You need to marry BEFORE you become a permanent resident.


----------



## acop (Sep 28, 2011)

Bev, Thank you for your input! I've shared your suggestion with my girlfriend, and she'll contact Los Angeles consulate of France. Bev, I understand from your historical posts that you have some personal experience marrying a French national, so could you tell me how long and how difficult it is for me to get French nationality after our marriage? The reason is following.

Fatbrit, Thank you for your thoughtful posts, especially the one about H1b-approaching-limit! My company is sponsoring my GC. I came to US on F1 visa and I've been on H1b for three years. I am not sure if you practice US immigration law, particularly employment based immigration, but the wait for the Priority Day to become current for people in my category is very very long, in my case, 5-7 years (Yikes, I know).

Owing to that, my girlfriend had an idea. What if I get French Nationality thru our marriage? Would that make my case Priority Day current sooner? 

Thank you very much for your comments! This forum is very helpful!
Acop


----------



## Bevdeforges (Nov 16, 2007)

acop said:


> Bev, Thank you for your input! I've shared your suggestion with my girlfriend, and she'll contact Los Angeles consulate of France. Bev, I understand from your historical posts that you have some personal experience marrying a French national, so could you tell me how long and how difficult it is for me to get French nationality after our marriage? The reason is following.


Taking French nationality by marriage takes 4 years if you are living in France, 5 years if you aren't - but you still have to show a reasonable fluency in French and "assimilation" into French ways and culture. Details are here: Acquisition de la nationalité française - Service-public.fr under the heading "Nationalité Française par mariage"

There is talk that the time period may be extended to 5 years for those living in France, with no indication about what they'll do for those not resident in France.
Cheers,
Bev


----------



## acop (Sep 28, 2011)

Bev,
Thank you for your answer! The link was very helpful.


----------



## shaik asif (Oct 9, 2011)

Hello,


I am Asif form india... I am looking for job in USA... R u there....


----------



## eddyhartley (Oct 14, 2011)

I am a bit lost in this thread, if your French girl marries you in US then she has to go to France after 90 days and then come back? She will be still a French citizen or Chinese or American? You didn’t mention on what visa she is in US. I would request you to kindly elaborate. My friend is from Canada on Work Permit and he is going to marry his Korean girlfriend (she is on tourist visa) by mid November, kindly help me understand what legal proceedings would follow.


----------



## JohnSoCal (Sep 2, 2007)

There are no residency requirements for getting married in Nevada. You can visit Las Vegas and get married in the day you arrive there. Here is the official site for Clark County ( Las Vegas area ).

Marriage Licenses

After getting the marriage certificate you can immediately be married in a chapel by Elvis.


----------

