WJS

Can anyone recommend an immigration lawyer to help my husband to file for a green card? We have recently found out it could be quite complicated and long with us living in France. I am a US citizen.

We have been told that it could take a year and during that time my husband will not be able to go to America! Does anyone know if this would be the case? We have our house on the market here in France and the plans were to immediately go to America to buy a house.

Again, any recommendations on an immigration lawyer that can advise and file for his green card on his behalf would be greatly appreciated.

OCKF

My wife and I used an Immigration Lawyer based in California for our Green Cards. She is very professional and I highly recommend her. Details are

Hilla R. Nattiv, Esq.
Law Offices of Hilla R. Nattiv
468 Jackson Street, 3rd Floor
San Francisco, California 94111
Tel: 415.693.0392
Fax: 415.693.0390
[email protected]
Law Offices Of Hilla R. Nattiv | Immigration and Naturalization Law

christmasoompa

I would double check that you actually need to use a lawyer, as some of the info you've posted (i.e. not being able to visit the US whilst it's being processed) is completely wrong. Maybe ask in the marriage visas section of the forum to see if anybody there thinks you have a complicated case that warrants the use of a lawyer or not?

Good luck.

Michael

If you are both living in France and if the US Embassy in France accepts DCF (Direct Consular Filing) and the time frame is similar to the London Embassy, the time frame is 4-6 months to get a CR-1/IR-1 immigration visa.

The following is for DCF in London.

DCF I-130 Filed In London : British Expat Wiki

Column 3 in the following link is the information and documents needed for DCF.

Comparison of marriage-based visas : British Expat Wiki

Many people on BE have filed for the CR-1/IR-1 immigration visa without a lawyer but with the assistance of people in the Marriage Based Visas forum. It is not difficult if you follow instructions and ask BE is you have questions. The following are the timelines of some that filed DCF in London.

http://britishexpats.com/forum/marri...e-only-843594/

Noorah101

As the USC spouse, YOU must file an I-130 petition to get the ball rolling on your husband's immigrant visa, whether you go through a lawyer or not. Using a lawyer will not speed up the immigration process.

Depending on where the I-130 is filed, the process may take as little as 4 months or as long as 10 or so. He is allowed to visit the USA during that time (assuming he qualifies for VWP travel).

He may or may not have his Immigrant visa in hand by the time the house sells.

Rene

Noorah101

Just to be clear, he isn't getting a green card. He's getting an immigrant visa. Once he uses that visa to enter the USA, he becomes a US Permanent Resident, and will get his green card (in the form of a passport endorsement) at the POE. The plastic green card shows up in the mail at a later date.

Rene

WJS

Thank you everyone for your very helpful replies. We were told by a few firms that we called that he couldn't go to the USA while it was being processed.

We didn't realize the time it would take. We stupidly assumed if he appliled for a visa it would be very quick and as soon as the house sold we could both arrive in the US. It would be a expensive for him to only be able to travel to the US temporarily because he would have to return! He would I guess have to rent somewhere.

Thank you again for all the advice and Michael it would probably be easier for us to go to the London embassy but I just tried to phone them and there is no way to speak to someone. I assume you just went in person? This would be concerning for us to just show up without speaking to someone considering the distance for us.

Noorah101

Your husband won't be going to an embassy until he is going to his visa interview date. Michael was using the London information as a resource for you to see the process.

Rene

WJS

Thank you Noorah101, I misunderstood when Michael said Direct Consular Filing. I assume this means that the I-130 form is posted to the London Embassy directly instead of the US?

Noorah101

If one resides in the UK, yes. You live in France, so you'll have to see if there is a USCIS field office that will accept an I-130 in France. If not, you'll have to send the I-130 to the USA, which results in a longer processing time.

Rene

WJS

Thank you. They don't appear to have one in France for some reason.

Noorah101

Most countries do not. Some countries do, like UK.

Rene

WJS

I will be looking at the links that were kindly posted but we have put in a call to Hilla Nattiv OCKF because I am beginning to think we will need advise particularly on how we can speed things up if at all possible and if not how my husband can arrive in the US prior to receiving his permanent residency visa. Thank you for the referral.

Noorah101

There is no way to speed up the process except by having each step of the paperwork ready when the time comes, and submitting it in a timely manner. Sometimes using a lawyer actually slows down the process because they don't file things ASAP.

There is no way for him to reside in the USA prior to getting his Immigrant visa; all he can do is visit using the VWP. Less than 90 days in, more than 90 days out (each trip).

Rene

ian-mstm

You can't speed up the process. You should accept that fact now and incorporate that into your timeline. If you file the I-130 to the US, it will take 8-10 months from the time you submit the form until your husband gets an immigrant visa. That is how long it will take.




You can leave France and return to the US whenever you want. Your husband, however, can't move until such time as he has an immigrant visa, although he can visit.


Ian