HEP PLEASE!! k-1 questions

[annieb]

my finace and i are just recently considering this option so thank you for any advice.
i am a us citizen, my fiance is french. we are researching the k-1 option but are unclear about a few things.

1. we know that after arrival and marriage he is granted an EAD during the 2 year temporary residency allowing him to work. on average how long does this process take as my income would not support us both for a period of more than three months?

2. he is interested in studying upon arrival. will he be able to benefit from the same fees as a resident during the 2 year temporary residency or will he end up paying foreigner fees until after the 2 year temporary residency is lifted?

3. also, is it wise to mention his interest in studying?

4. being that his family are all in france what would be the consequences on myself and him if we decided to relocate to france after the 2 year temporary residency?

Many thanks for any advice. This is a confusing process and any help is GREATLY appreciated!

[indianium]

1. It will take somewhere around 3 months to get EAD.

2. He will get benefit under same fees as a permanent resident for his study (he need alien # that he will get during GC process).

3. Doesn’t matter.

4. Nothing going to affect you but your spouse (after marriage) may loose his permanent residency if he would not remove conditional GC (form I-751). In addition, if your spouse does not maintain continuous permanent residency requirement then will affect his US citizenship in future (form N-400).

*This is not a legal advice. Please consult your immigration attorney for legal advice.

[annieb]

thanks for your help....
i am still a bit confused as to what consequences he/we might face if we return to france after the two year temporary wait period and decide to stay abroad for two or more years. i have read that it is possible to stay abroad for a period of two years (though it doesn't look good) what if we choose to stay longer?
thanks!
i am sure i will have many more questions to come!

[PraetorianXI]

if a resident plans on leaving for longer than 1 year, he first needs to apply for a reentry permit (I-131) that will allow him to stay more than 1 year but less than two. An absence of more than 2 years will very likely cause him to lose the permanent resident status. Any absence of more than 6 months though is likely to break his "continuous residency" for naturalization purposes. Which mean his counter will reset and start over from zero, making it have to wait longer to become a citizen.

[annieb]

thanks PraetorianXI for the quick response.

it's clear now to me, but this puts my fiance and i in a bit of a bind. we want to start a life here in the states where he can work and go to school, but do not want to rule out the possibility of a future (perhaps in ten years or even less) in france. do you have any suggestions or plan of action? it seems like the k-1 visa would be the best option only if we choose to forfeit the possibility of a life in france...

any advice would be helpful.
thanks!

[PraetorianXI]

After your spouse has been a resident for 3 years, he can file for US citizenship (form N-400) and once he obtains that, he can move ANYWHERE he wants to without losing any status.

[annieb]

WOW! you are fast. THANK YOU!

one last question. isn't it true that in order to become an american citizen you give up citizenship in your home country? meaning you can't have dual-citizenship?

thanks again....i appreciate your help greatly!

[PraetorianXI]

The US will not MAKE YOU give up the citizenship in another country, BUT you must check with the former country, first... if the other country does not allow dual citizenship, then you will lose citizenship of that country.

[indianium]

WOW! you are fast. THANK YOU!

one last question. isn't it true that in order to become an american citizen you give up citizenship in your home country? meaning you can't have dual-citizenship?

thanks again....i appreciate your help greatly!

United states allow dual citizenship but do not encourage it due to obligations. A person can apply US citizenship through naturalization and keep his/ her original citizenship but some countries do not allow dual citizenship. So, check with your country of origin too.
I hope following links may help you:

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=e6dec7365d7c5dbd38efc80dc8fcac40

http://travel.state.gov/lawhttps://www.immihelp.com/usa-citizenship-through-naturalization/citizenship_778.html

http://travel.state.gov/trip-cancellation-insurance/cis_pa_tw/cis/cis_1753.html

*This is not a legal advice. Please consult your immigration attorney for legal advice.

[annieb]

thank you both for your help.
it's great to know that there is a site like this that is truly helpful. i'm sure i will be counting on you much more as my fiance and i start the k-1 visa process.
thanks again!