A bit lost with all these forms..

[set_fr]

Hello,

I'm about to marry my girlfriend, a US citizen, next year, while i am on a J-1 exchange student visa.

After that year in a US college, I will have to come back to France to complete my degree. I also plan to work there for at least a year.

The other thing is that my girlfriend is expecting to give birth in october, so it's really important for us to be together at any time now.

So our plan is we stay together in the US for the next academic year, we marry, she applies for a French visa to be able to stay in France with me for the next couple of years. Then, we'll move to the US where I'll try to find a job.

What I'm wondering:

- Should we start the green card procedure as soon as we get married or wait until we're both in France. Starting the green card procedure while in the US would mean I also have to file a change of status form, right? Is it fine if we move to France in the middle of the procedure, or we should wait until we're stable in France to file everything at the embassy.

- About the affidavit of support: How is she supposed to document a sufficient expected income, since she would be working in France at the time? Moving to the US would mean a discontinuation of both our jobs.. I read on the forms that somebody from her household can help meet the requirements, but she wouldnt be in a US household at the time. Does her family have any way to help meet the requirements?


That's it for now, thank you very much to whomever will have the patience to read this until the end

[txh1b]

Your approach seems to be messed up. You will be ineligible for a J1 visa as you have immigrant intent to marry a USC. You will be risking it if you do so while on J1. Also you need waivers to do so. Read this thread.

http://www.immihelp.com/forum/showthread.php?t=41476

Best approach would be the K1 visa or Spouse visa, K3 if married outside US. Look into those options.

[set_fr]

Thanks for the quick answer.

I didn't know about the K-1/K-3 visas and the problem with marrying while on a J-1, so I just looked it up. The options you just gave me do seem to be the "cleanest" and most straightforward.

It's too late for me to apply for a K-1 instead of my J-1, so I think what we will do is marry in France, using a French fiancé visa for her (yeah they have the same), and then apply for a K-3 when we decide to move to the US.

I'm still a bit puzzled about the affidavit support though.. Let's imagine we live in France at the time and we both work there, we can't supply any kind of IRS tax return form. We could prove we have enough money to live in France, but that doesn't mean we'll be ok in the US since we have to find an other job.. And at the same time I don't see how we'll be able to have a US job before sending the affidavit.

Thanks again txh1b.


Edit: I just read that the USC has to be in the US to file for a K3 visa. That's not what we want, so I think we'll just try to file an I-130 petition at the US embassy in France and wait (That's possible after the USC has lived in France for more than six months).

[sweetpiano]

Your girlfriend (and future wife), as a US citizen, is under the obligation to file federal tax returns every year, regardless of the place where she lives or works. So even though she will work in France, she will have to file a tax return in the US. Now, filing a tax return does not necessarily mean having to pay taxes. Foreign earned income of up to approximately $85,700 (this was the limit for 2007, they inch up every year) is exempted from US taxes, so she can earn up to this amount every year and not pay taxes on it, but it has to be reported to the IRS

This is done by using Form 2555 or 2555-EZ (see IRS website, plus more instructions in IRS Publication 54), and then deducted as an exemption on the main form, Form 1040. Read the IRS instructions carefully when the time comes.

Another suggestion. When you get marry, you have the choice of filing a joint tax return. Even though you will not be a US resident alien at the time, by virtue of being married to a US citizen, you can elect to be treated as one (again, read Pub. 54). You will also report your foreign earned income the same way as explained in the previous paragraph. This could help you in the future to establish a bona fide marriage.

This would be the way to satisfy the affidavit requirements by using the French income. If this is not enough, you may have to get a co-sponsor (see I-864 instructions).

About marrying on a J-1. I'm not sure what you found by researching, but I know that it is not illegal to get married on any kind of visa in the US. What is illegal is trying to remain to live in the US afterwards without a proper visa. There is no special "marriage" visa in the US, like there is in England and maybe France. You can enter the US on a tourist visa, or a student visa etc. etc., this does not preclude you from getting married as long as you maintain lawful status, i.e. observe the requirements of your visa: as a tourist, you have to leave within the alloted time (usually 6 months), as a student, you have to continue studying... The advantage of the K-1 visa is that after getting married, you are allowed to stay in the US and apply to become a permanent resident, which is implicit in the K-1. With the other visas, you have to leave after getting married and re-enter either on a K3 or on an immigrant visa (CR1/IR1). So I say don't abandon your study plans if you want to come study in the US. As long as you maintain student status, go to classes etc, nobody stops you from getting married. Then, as you said, return to France and apply for a K3 or an immigrant visa (with this one, you don't have to adjsut status after entering the US, permanent resident status is granted upon entry). I believe your (future) wife can apply for the K3/immigrant (whichever you choose) at the US embassy in France, this is called Direct Consular Filing.

[set_fr]

Your girlfriend (and future wife), as a US citizen, is under the obligation to file federal tax returns every year, regardless of the place where she lives or works. [...]

Thank you very much, this is very useful to know. So if the French income is sufficient, we won't need to prove any income in the US? I'm just hoping very much finding a US job won't be a pre-requisite for the visa.

About marrying on a J-1. I'm not sure what you found by researching, but I know that it is not illegal to get married on any kind of visa in the US. What is illegal is trying to remain to live in the US afterwards without a proper visa.

I never read the J-1 visa wouldn't allow us from getting married, but the non-immigrant aspect of this visa seems to be in contradiction with a green card application. Most J-1 visas seem to ask the holder to stay in their own country for a period of two years after visa expiration.
The travel.state.gov website, for example, asks for "Evidence of compelling social and economic ties abroad; and other binding ties which will insure their return abroad at the end of the visit." before they issue a J-1 visa.
I do fit with this requirement and all others, I want this J-1 visa for a temporary stay. But I also want a green card for later. While both don't seem incompatible to me, I don't want them to misinterpret anything. I don't want to risk it, like txh1b said. Just a precaution, really.

With the other visas, you have to leave after getting married and re-enter either on a K3 or on an immigrant visa (CR1/IR1). So I say don't abandon your study plans if you want to come study in the US. As long as you maintain student status, go to classes etc, nobody stops you from getting married.

No! I would never abandon my study plans, that's too important for later

Then, as you said, return to France and apply for a K3 or an immigrant visa (with this one, you don't have to adjsut status after entering the US, permanent resident status is granted upon entry). I believe your (future) wife can apply for the K3/immigrant (whichever you choose) at the US embassy in France, this is called Direct Consular Filing.

Well, yes, now that seems the best solution. I checked the US embassy website and they explicitely ask the US citizen to file the K3 petition in the US. So we will directly apply for the immigrant visa. We won't be in a rush once in France, so the K3 is not really necessary.

Thanks again