# American Marrying French Citizen in USA



## subdub (Nov 5, 2012)

Hello, me and my girlfriend of 3 years plan on traveling back to USA (currently in France) and getting married after about 80 days of being there. Does anyone have any suggestions? What paper work should she bring? We plan on marrying and then applying for COS? Any help would be awesome Thanks


----------



## Bevdeforges (Nov 16, 2007)

The key thing here is where do you plan to settle once you're married? 

If you're going to stay in the US, then the US citizen of the couple should file for a fiancé visa before you go over. It will take about 6 to 9 months, but it's a more direct way of adjusting the status of the non-US citizen. If you don't do the visa "wait" up front, chances are one of you is going to have to return to France to wait for the spouse visa to come through. A change of status from a VWP is a very risky way to go. It can be done, but if it falls through, you've closed alot of doors.

If you're going to settle in France, then you'll need to register the marriage with the French consulate in the US and then apply for a spouse visa for the American half of the couple. That will probably require the French spouse to return to France (if they're on a VWP) as the registration of the marriage can take a few months.
Cheers,
Bev


----------



## subdub (Nov 5, 2012)

Thanks for the quick response, we do plan to settle in the USA.. the reason for not filing for fiancé visa concerns finances with travel back and forth from usa to france the last few years I dont have a stable job I do have family we plan to stay with to get on our feet once arrived thats not a problem and we have some savings. But i was worried about being able to sponser her with no proof of income on the visa?


----------



## Bevdeforges (Nov 16, 2007)

subdub said:


> Thanks for the quick response, we do plan to settle in the USA.. the reason for not filing for fiancé visa concerns finances with travel back and forth from usa to france the last few years I dont have a stable job I do have family we plan to stay with to get on our feet once arrived thats not a problem and we have some savings. But i was worried about being able to sponser her with no proof of income on the visa?


If you have family who is willing to vouch for you, it's fairly straight-forward for them to serve as co-sponsors. They'll have to prove that they can provide for you while you're getting on your feet (bank account statements, their earnings, etc.) but it's the classic way for a US citizen to sponsor their spouse's visa on return to the US from time spent abroad.
Cheers,
Bev


----------



## twostep (Apr 3, 2008)

Go K1 or CR1. AoS is a trip on very thin ice especially after a 3-year relationship; not to mention having announced your intentions in public already. If it goes through - great! If it does not go through - you have it stacked against you.


----------



## subdub (Nov 5, 2012)

Great we will look into the visas in that case Ill talk to the family they can be co sponsers thanks again for all the info.


----------



## Davis1 (Feb 20, 2009)

subdub said:


> Hello, me and my girlfriend of 3 years plan on traveling back to USA (currently in France) and getting married after about 80 days of being there. Does anyone have any suggestions? What paper work should she bring? We plan on marrying and then applying for COS? Any help would be awesome Thanks


It is ilegal to attempt enter the US on a visa waiver with the intent to remain and or attempt to adjust status

Dangers of Marrying while in the United States on a B Visa or Visa Waiver - Houston Immigration Lawyer


----------



## erikaa17 (Feb 1, 2013)

I could use some advice for a similar situation here - I'm an American PACSed with my French conjoint for over a year, been together for over 5 years, both living and working in France (I have vie privee visa), but we'd like to move to the States within the next year or two. Since there is no PACS equivalent in the States we talked about marriage.

Is it possible to apply for my French man's visa while we're both living together in France? In terms of his green card/visa/paperwork etc is it easier for him if we get married in the States or in France before the move to America? Or does that matter?

In terms of time, approval and reception of the green card, is the spousal green card application is more of a sure thing than the fiancé green card request? It seems like less of a hassle being married already, in France for example where we live together, and apply for his green card, then wait for its approval before moving to the States, no?

I really appreciate any advice/comments/suggestions as I really don't know how to begin! 
Thank you,
E


----------



## twostep (Apr 3, 2008)

Why do you not read up on CR1 and K1 on travel.state.gov or USCIS.gov and then determine which route is the best for you?
Have you kept up with US tax returns? Can you financially sponsor your future spouse? Can you establish residence in the US?


----------



## Bevdeforges (Nov 16, 2007)

You can't apply for the US spouse visa until and unless you are actually married, so to some extent, that makes the argument for getting married in France, then filing the paperwork and moving to the US when the visa comes through.

The actual process of getting married is probably much easier in the US (though even that varies a bit by state). Getting married in France is a bit of a paper chase for a foreigner. See the US Consulate's info sheet on getting married in France A to Z Listing of Services | Embassy of the United States Paris, France for some of the gory details, but be sure to check with your local mairie for their specific requirements.

But as twostep says, you need to consider your status as far as sponsoring your French spouse (requires a place to live in the US and a job or some source of resources - like a co-sponsor) and getting your US tax situation up to date. 
Cheers,
Bev


----------



## erikaa17 (Feb 1, 2013)

Of course I've already done my research, but I hadn't found anyone else who had gone through the process while living abroad together.

Getting pacsed was quite a challenge of paperwork too, I imagine marriage requires more hoops to jump through though I hope it's relatively familiar...

Thank you all for the input, I appreciate all advice and questions raised! I will call the embassy tomorrow to get some more questions answered and help visualize our future timeline… 

Have a nice sunday


----------



## Davis1 (Feb 20, 2009)

remember the US consulate do not offer an advice service ..and cannot give you legal advice 

nor do they have to be accurate with anything they say ...check everything


----------



## Bevdeforges (Nov 16, 2007)

Don't call the embassy - download the information sheet on marriage in France. (I gave you the link in my prior post.) The Consulate website has quite a bit of information for Americans in France and as Davis1 says, they won't give out advice over the phone.

The Consulate website also has all the information you need about visas.
Cheers,
Bev


----------

