Kristina

My fiance is French and I'll soon be sending the K-1 petition to
Nebraska. I fear that this could take eons on both sides of the
Atlantic and would like to know if anyone has any experiences with K-1
visas for French people.

Also, I plan on marrying him in the US on May 29 2004, whether or not
the visa is approved. Could we get in major trouble for this?

Thank you

Bluegrass Lass

Kristina, you can and will get into trouble, and cause yourselves more headaches if you go ahead and get married here in the US without an approved K1 visa. It is against the law for a non-US citizen to enter the country with the intent to marry a US citizen and remain in the country. Basically, and I assume that he can enter the US on the Visa Waiver Program, when he goes through the Port of Entry, they'll ask him what his purpose is in coming here. If he lies, and states he's just visiting friends, BCIS will be able to use this info to get him deported. Since you will have filed for the K1 by then, BCIS knows that he entered the country to marry you, and lying to get into the US is a major No-No.

If he tells the truth, he more than likely will not be allowed into the country. Especially if he does not have sufficient proof proving he plans on going back to France. Usually, if a person enters on a Visa Waiver, and marries a US Citizen, BCIS has to prove that the marriage is potentially fraudalent. But you will have sunk your own boat because they know, from the filed K1, that he intended to marry you. If they say that he intended to marry you and stay here, then BCIS can send him back to France, and at the worst, ban him for 3-10 years from entering. At best, they will send him back to France, and you will have to file for a K3 spousal visa to get him back in the country. And you have to hope that they will approve the visa and allow him back in. Also, upon entering on a Visa Waiver, if BCIS wants to deport a foreigner, the foreigner has no right to appeal the deportation and will have no choice but to leave or try to remain here illegally.

This is just a basic overview of what can happen if you try to circumvent the the law. There's more to it that just what I said here. If I've said anything wrong, I'm sure the fellows on here will correct me. I've done a bit of research into this since my fiance and I were thinking about doing this, but decided the risks were too high. I hope what I said wasn't too confusing!

Jamie

Leo Le Brun

Just be patient and everything will be so much better if you do it the legal way. I am a French K-1 who sent the petition around the same time last year (late Nov) and got approved in March, by the Nebraska SC. I arrived here in May and everything has been worry-free. I does take a while, but, looking back, it's all worth it!

Hypertweeky

If You guys don't want to be apart for a long time.. why don't you guys do DCF?, Someone(in this NG) whose fiancee is from France is taking this route. Why don't you?.
I suggest you to read the following thread: http://britishexpats.com/forum/show...threadid=188402
Good Luck!! Keep us posted

CharlieS

I was going to suggest the DCF route from France.
Just thought that both people have to be residing in the country (even temporarily) for a certain amount of time before DCF became an option.
I know my better half and I discussed DCF but it meant Sandy would have to come to the UK for few months and the financial implications of her not working in the USA for a while made that impossible.

Caro

As Hypertweeky mentioned, there was a post that suggested that it was now possible to do DCF in France when the USC is not a resident of France.

Here are some thoughts:
1) Getting the K1 visa before May 29th 2004, going through Nebraska might be kind of a challenge!!!
2) There was a discussion about possibly DCF, which means that you could get married and get him back on a spousal visa. I would however contact the US embassy in France about this (see other thread) and possibly wait to see how it goes for the other people trying this option out...
3) It would be a bit of a challenge for him to enter on a Visa Waiver for the wedding if he doesn't get the K1 before the wedding.

BTW, just to be sure, is currently he in France or in the US? You just mentioned that he was a French citizen, but no specifics about where he is.

Caroline

Hypertweeky

Thanks Caro

I want to point out that even though the Us embassy site in Paris say that DCF is not available for non residents.. Scorpie said that they would accept it.. so Scorpie would you please get in here and let us know what's going on? Thanks.

meauxna

Charlie,
the UK's rules on residency requirements for DCF are on the higher end of 'strict'. Some consuates reqire no residency whatsoever by the USC.

Might have something to do with the number of applicants

CharlieS

Thanks Meauxna,

I'm a glutton for knowledge so I appreciate what you say.
Just my luck that the UK would be high end.