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  • Applying from the US vs Applying abroad

    Hello all,

    I am french citizen. I have been a student on a F-1 visa since 2010 and recently got married to an amazing American girl

    We would like to apply for a green card, but our situation is a bit special:

    We just got married officially here at the town clerk office in the US, but are planning the big wedding party in France in summer 2019. We are temporarily both out of jobs and were planning unmoving to France in a month or two to relax and thoroughly plan our wedding.

    First we wanted to apply for the green card from here, but read that I would not be able to travel abroad during the 8 to 14 month application process. This is not an option.

    We read that it is possible to do it from abroad, but this is where it gets slightly confusing:

    Can she file the form i-130 from France? Or should she do it from here before we live (assuming I would still be on American soil at that time)?

    Can I travel abroad during the process as long as I don't try to re-enter the US? Or do I have to be in France the entire time? Assuming I would make sure to show up to any interview at the consulate when required.

    Is the process harder/longer when doing it from abroad?

    Thank you all for your help!

    Alexis

  • #2
    Originally posted by alexisc568 View Post
    Hello all,

    I am french citizen. I have been a student on a F-1 visa since 2010 and recently got married to an amazing American girl

    We would like to apply for a green card, but our situation is a bit special:

    We just got married officially here at the town clerk office in the US, but are planning the big wedding party in France in summer 2019. We are temporarily both out of jobs and were planning unmoving to France in a month or two to relax and thoroughly plan our wedding.

    First we wanted to apply for the green card from here, but read that I would not be able to travel abroad during the 8 to 14 month application process. This is not an option.

    We read that it is possible to do it from abroad, but this is where it gets slightly confusing:

    Can she file the form i-130 from France? Or should she do it from here before we live (assuming I would still be on American soil at that time)?

    Can I travel abroad during the process as long as I don't try to re-enter the US? Or do I have to be in France the entire time? Assuming I would make sure to show up to any interview at the consulate when required.

    Is the process harder/longer when doing it from abroad?

    Thank you all for your help!

    Alexis
    It doesn't matter where she is or where you are when the I-130 is filed. (Just make sure to notify them of any changes of address.) You don't have to stay in France the whole time.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by alexisc568 View Post
      Hello all,

      I am french citizen. I have been a student on a F-1 visa since 2010 and recently got married to an amazing American girl

      We would like to apply for a green card, but our situation is a bit special:

      We just got married officially here at the town clerk office in the US, but are planning the big wedding party in France in summer 2019. We are temporarily both out of jobs and were planning unmoving to France in a month or two to relax and thoroughly plan our wedding.

      First we wanted to apply for the green card from here, but read that I would not be able to travel abroad during the 8 to 14 month application process. This is not an option.

      We read that it is possible to do it from abroad, but this is where it gets slightly confusing:

      Can she file the form i-130 from France? Or should she do it from here before we live (assuming I would still be on American soil at that time)?

      Can I travel abroad during the process as long as I don't try to re-enter the US? Or do I have to be in France the entire time? Assuming I would make sure to show up to any interview at the consulate when required.

      Is the process harder/longer when doing it from abroad?

      Thank you all for your help!

      Alexis
      You'll also want to make sure and find a good joint sponsor to list if she lost her job. income is a definite issue when adjusting status
      This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

      -Krypton9591

      Comment


      • #4
        Originally posted by krypton9591 View Post
        You'll also want to make sure and find a good joint sponsor to list if she lost her job. income is a definite issue when adjusting status
        She didn't lose her job she never really worked she just graduated this year. And I just quit mine for several reasons.

        You're saying that they wouldn't grant me a green card if she doesn't have a big income? She works at a family restaurant but that's not much money...

        - - - Updated - - -

        Originally posted by newacct View Post
        It doesn't matter where she is or where you are when the I-130 is filed. (Just make sure to notify them of any changes of address.) You don't have to stay in France the whole time.
        That's good to know thanks.

        Comment


        • #5
          Originally posted by alexisc568 View Post
          She didn't lose her job she never really worked she just graduated this year. And I just quit mine for several reasons.

          You're saying that they wouldn't grant me a green card if she doesn't have a big income? She works at a family restaurant but that's not much money...

          - - - Updated - - -



          That's good to know thanks.
          If you can self support, then her income doesn't matter. If you dont have income then it would definitely be an issue.

          Comment

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