French married to an American,want to move to the US

Hi Daphne,

First of all, is your marriage with the US citizen registered in the US? If not, this is first thing you should do when you get here before filing for Green Card (now called Permanent Residence Card).
The process itself it's pretty straight forward and with enough reading from the right sources, you may be able to do it yourselves. uscis.gov is the official site for US immigration. You can find information on getting a Green Card through a US spouse here:
uscis.gov/green-card/green-card-through-family/green-card-immediate-relative-us-citizen
One thing you should do before coming to the US to apply for Green Card is to get your French birth certificate translated and notarized; you will need that to apply for Green Card. The entire process should last about 6 months and once you file the application you cannot leave the US until you receive what's called an "Advance Parole" from immigration (the result of filing form I-131 together with the I-485, Application to Register Permanent Residence).
You can schedule an appointment with a lawyer who can review your paperwork and advise you on your particular situation (the charge can be anywhere between $250 - $400/hr depending on the lawyer's experience). If the lawyer doesn't see any red flags and you understand what needs to be done, you can do the process yourselves.

I've gone through this process myself and I've worked in immigration law offices for a couple of years, so I am familiar with the procedure. Feel free to get in touch, if you need more information.

Ava

AvaB wrote:

Hi Daphne,

First of all, is your marriage with the US citizen registered in the US? If not, this is first thing you should do when you get here before filing for Green Card (now called Permanent Residence Card).
The process itself it's pretty straight forward and with enough reading from the right sources, you may be able to do it yourselves. uscis.gov is the official site for US immigration. You can find information on getting a Green Card through a US spouse here:
uscis.gov/green-card/green-card-through-family/green-card-immediate-relative-us-citizen
One thing you should do before coming to the US to apply for Green Card is to get your French birth certificate translated and notarized; you will need that to apply for Green Card. The entire process should last about 6 months and once you file the application you cannot leave the US until you receive what's called an "Advance Parole" from immigration (the result of filing form I-131 together with the I-485, Application to Register Permanent Residence).
You can schedule an appointment with a lawyer who can review your paperwork and advise you on your particular situation (the charge can be anywhere between $250 - $400/hr depending on the lawyer's experience). If the lawyer doesn't see any red flags and you understand what needs to be done, you can do the process yourselves.

I've gone through this process myself and I've worked in immigration law offices for a couple of years, so I am familiar with the procedure. Feel free to get in touch, if you need more information.

Ava

Thanks a bunch Ava! We got married in France but we didn't do anything particular to be register in the US. How do I that?

Daphne, in order to verify if your marriage abroad if recognized in the US and what documentation may be needed for validation (if necessary), you need to contact the office of the Attorney General of the state where you will be residing in in the United States. Laws in the US vary from state to state.

Ava

Ok I will.Thanks a bunch Ava!

You bet! Keep us posted with what you find out.
Which French island are you living in by the way?

I am in Bora Bora. We were in Reunion before.

That's lovely. Enjoy it!

I was married to an American. The initial Visa to enter the US is relatively easy to obtain. Shouldn't take more then 4 weeks at most. Green card is a 2 year process and you are probably better off starting this here in the States. After 2 years of marriage, there will be an interview at Homeland Security (INS.) They will establish if your marriage is legal and lawful and the interview can be quite taunting, depending on the officer. You will be informed ahead of time and Homeland Security will schedule the interview.

Good Luck

Jutta

Jutta, we've been married for more than 2 years now. I think it's longer to get the green card once I'm in the USA so I'd rather ask for it with the visa. We are not in a hurry either to move.

is your husband a registered resident of the USA ? It may not work this easily then if he resides outside the US. The 2 years are a standard for the green card. You could try to apply for it now with the Embassy. I am not familiar with this process. If you have the Green card, you will not need a Visa.

Good Luck to you

Jutta

My husband is American. I need a visa + a green card as we apply from abroad.

Daphne,

I think Jutta is referring to a procedure called "removal of conditions on residence" which applies to couples who have been married for less than 2 years at the moment they applied for Green Card. I understand that you have been married for longer than 2 years, so this doesn't apply to you.

You can filed for spouse visa (Called K-3 visa) & Green Card from abroad. It will take slightly longer than if you would apply for Green Card in the US, but since you are in no hurry to relocate, it should be fine.

Three years after you become a Permanent Resident of the US, you can apply for US citizenship.

All the best,
Ava

AvaB wrote:

Daphne,

I think Jutta is referring to a procedure called "removal of conditions on residence" which applies to couples who have been married for less than 2 years at the moment they applied for Green Card. I understand that you have been married for longer than 2 years, so this doesn't apply to you.

You can filed for spouse visa (Called K-3 visa) & Green Card from abroad. It will take slightly longer than if you would apply for Green Card in the US, but since you are in no hurry to relocate, it should be fine.

Three years after you become a Permanent Resident of the US, you can apply for US citizenship.

All the best,
Ava

Cool! I got all that . Didn't know 3 years were enough to ask for citizenship though! But nowadays I think that we have to choose between your own nationality or your spouse's but you can't have both anymore :-/

Daphne,

As French citizen you can have dual citizenship. France allows that. So you can become a US citizen while also preserving your French citizenship as well.

Some countries do not allow dual citizenship but France is luckily for you not one of them.

Ava

AvaB wrote:

Daphne,

As French citizen you can have dual citizenship. France allows that. So you can become a US citizen while also preserving your French citizenship as well.

Some countries do not allow dual citizenship but France is luckily for you not one of them.

Ava

I knew it used to be the case but I thought it recently changed...

Daphne,

I have not heard of such a change. As far as I know France has been and is currently allowing dual citizenship. If you do have information regarding this change, please share. It would be interesting, from a professional point of view, to read about it.

Best,
Ava

Hi guys, I've started the process for my visa and green card. We've got a lawyer to help us with the files. I depend on Fidji for the interview at the embassy as I Iive in the Pacific. However as I'm a French citizen, I can ask to do the interview in Paris. What would you advise me to do to go faster with the process, Fidji or Paris embassy?

daphne5 wrote:

Hi guys, I've started the process for my visa and green card. We've got a lawyer to help us with the files. I depend on Fidji for the interview at the embassy as I Iive in the Pacific. However as I'm a French citizen, I can ask to do the interview in Paris. What would you advise me to do to go faster with the process, Fidji or Paris embassy?

Hello Daphne,

I think that you should follow the advice of your solicitor (lawyer), he/she will know best from experience. If they have no advice, then contact the embassy directly, via email - but remember that the embassy have several hundred queries a day relating to similar issues and it may take some time before you hear from them.

Good luck 🍀

Chuckle Butty

I would think the US embassy in Paris is way busier than the one in Fiji, plus you'd have to travel from Fiji ti Paris which is an added cost (unless you plan a trip to Paris anyway).
Good luck!