Is there any negative impact on a CR-1 filing if we filed after she returns to France? 2 Answers as of March 14, 2011

I have a fiancee who is a French citizen living in France, and I am a U.S. Citizen. We are planning to be married in France, and honeymoon in the US. I am wondering if there would be any negative impact on a CR-1 filing if we filed after she returns to France. To date neither one of us have had any papers filed with USCIS.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I would have as the normal alternative, that you apply for a fiance visa, and then have her come to America, then marry within 90 days, after which she applies for adjustment of status. All of that lasts about 6-8 months. However, while filing for a tourist visa and then marrying and then filing for a green card opens your fiance (then wife) to the charge of visa fraud to gain permanent residence through a temporary visa, in which your fiance was asserting that she is not coming to stay permanently.

However, if there is non-disclosure of engagement, the truth can be brought out if there is a later interview with CIS officials in an InfoPass meeting that may be called by them. They are skillful interrogators. However, based upon your information, after your wedding and honeymoon, you can marry, return to France, petition for her, for a K-3 petition for a spouse, and she can apply for consular process. That can take all told, 6-12 months.
Answer Applies to: California
Replied: 3/14/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
If your then spouse is out of the US when you sponsor her, the only path is for her to consular process. Since she will have left the US after being married and did not file for a green card in the US, there is not a question of visa fraud/misrepresentation. Therefore based on the facts you have given, you would then do the three step process for her, she would obtain her immigrant visa at the US consulate in Paris and then be processed for her green card upon first entry.
Answer Applies to: California
Replied: 3/6/2011
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