U.S. immigrant visa for my husband, timeline, I-130, USCIS

You may want to check out the information available at the website for the US Embassy in Paris. The site is http://france.usembassy.gov/iv-filingparis.html . The documents required are listed at the site.

You may be eligible to file everything at the Embassy. The decision may be made quickly if you provide enough evidence of your bona fide marriage. Background checks must be done on all persons entering the US. Depending on your husband (such as having a name similar to one on the government's watch lists), the background check may take sometime.

If the Embassy cannot decide your petition quickly, it may grant your husband a visa to travel to the US while the decision is pending.

If your husband enters the US with the intent of staying in the US but does not disclose his intent, the US government may allege immigration fraud that may result in a lifetime bar to entry into the US.

1. Yes, the I-130 is the appropriate petition to file for a marriage-based case. The visa is actually an "immigrant visa" or "green card.

2. It should not take six months, but it depends on how quickly and thoroughly you prepare your paperwork.

3. As a US citizen, you can move to the US whenever you want; however, your husband does not have authorization to live and work in the US (strange as it may seem). Your husband could enter the US on his French passport as a visitor - which I suspect he has done in the past; but then his intent at the time of arrival must be TEMPORARY. If he has immigrant intent (intent to move to the US permanently), then he should not travel using visa waiver.

4. Many people do these kinds of cases without a lawyer. A lawyer is not required. Then again, time is money. So sometimes people figure it is more cost-effective to pay a lawyer for comprehensive advice and hopefully save time in the process (and headaches).

Thankfully, the US consular staff tends to be good marketers for our services as immigration lawyers, since they are not generally very helpful, and so people need lawyers to explain what to do. (Sad but true!)

I concur with Robert entirely about the helpfulness of US consular agents!!!!
Of course, you may both travel to the US to be with your mum, as French citizens can enter on VISA Waiver for a max of 90 days. You may then file your I130 and your husband can process for the immigrant visa in France.

This is the best mechanism in a difficult time.

My best prayers and energy for a great recuperation for your mother.

1) I-130 is not a visa, it is a petition form that you need to file for your husband to obtain his immigrant visa (green-card). You can read about the process here: http://france.usembassy.gov/iv-immediate.html

2) A consular processing usually does take 4-6 months, and the fact that you have been married for so long would not make a difference.

3) There would be no risk of filing the petition and adjustment of status if you both were in the States, however, it is doubtful that your husband will be admitted into the States under Visa Waiver Program, because his intent is to remain here indefinitely. It is also unlikely that he will be issued a visitor's visa, again for the same reason that his intent is to remain in the States indefinitely, especially since he is married to a U.S. citizen. And finally, not that I suspect you would, but please, please, please don't even think about lying to an immigration officer. I have seen some, otherwise honest and nice people, get into trouble by doing so, for one or another reason.

4) I strongly recommend to contact a lawyer.

is.