QUESTION
Is there any negative impact on a CR-1 filing if we filed after she returns to France?
Asked on Mar 04th, 2011 on Immigration - California
More details to this question:
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.
1 ANSWER
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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.
Answered on Mar 06th, 2011 at 6:10 PM