Immigration Question

[Amythyst 0]

Hi there, I'm a bit perplexed by all this information and hoping you guys can give me some guidance. I moved to Denmark from the US to be with my boyfriend

but it seems that Denmark doesn't want me. I had a job then got laid off, work permit denied...bla bla... so, we have decided to go back to the US.

Questions:

My mother contacted a legal office in the US and they told her that I can just bring my boyfriend to the US on the normal visitation visa ...marry him there

and then apply for a visa... and he could just stay there with me the whole time. Isn't that true? And if so, why would people bother doing the fiancee visas and such

where they can't come to the US.

However, if that is false... and I have to apply for this fiancee visa... is it true it takes 6-9 months for it to get approved? Does that mean he would

have to stay in Denmark for 6 months while I'm in the US?

I am trying to find a way to do this so we do not have to be separated. Can you file for the fiancee visa and then go to the US on the visitation rules??

Thanks in advance,

Roxanne

[Mononoke28 135]

Yes, he can travel to the US on the VWP, marry you and then Adjust Status but it will be considered FRAUD since your intentions were for him to stay here and not visit. I can't believe a law firm would openly recommend that.

You can also file for a K1 (fiancé) visa and it will take between 9-12 months depending on the Service Center and the amount of petitions they get. But your fiancé can still visit you while this is pending.

Diana

[Chica Yeyé 41]

Hi there, I'm a bit perplexed by all this information and hoping you guys can give me some guidance. I moved to Denmark from the US to be with my boyfriend

but it seems that Denmark doesn't want me. I had a job then got laid off, work permit denied...bla bla... so, we have decided to go back to the US.

Questions:

My mother contacted a legal office in the US and they told her that I can just bring my boyfriend to the US on the normal visitation visa ...marry him there

and then apply for a visa... and he could just stay there with me the whole time. Isn't that true? And if so, why would people bother doing the fiancee visas and such

where they can't come to the US.

However, if that is false... and I have to apply for this fiancee visa... is it true it takes 6-9 months for it to get approved? Does that mean he would

have to stay in Denmark for 6 months while I'm in the US?

I am trying to find a way to do this so we do not have to be separated. Can you file for the fiancee visa and then go to the US on the visitation rules??

Thanks in advance,

Roxanne

That so called "legal office" is advising you to commit visa fraud. Run from them.

The fiancee visa indeed takes time - but i tis the legal way.

[Amythyst 0]

Hi there, I'm a bit perplexed by all this information and hoping you guys can give me some guidance. I moved to Denmark from the US to be with my boyfriend

but it seems that Denmark doesn't want me. I had a job then got laid off, work permit denied...bla bla... so, we have decided to go back to the US.

Questions:

My mother contacted a legal office in the US and they told her that I can just bring my boyfriend to the US on the normal visitation visa ...marry him there

and then apply for a visa... and he could just stay there with me the whole time. Isn't that true? And if so, why would people bother doing the fiancee visas and such

where they can't come to the US.

However, if that is false... and I have to apply for this fiancee visa... is it true it takes 6-9 months for it to get approved? Does that mean he would

have to stay in Denmark for 6 months while I'm in the US?

I am trying to find a way to do this so we do not have to be separated. Can you file for the fiancee visa and then go to the US on the visitation rules??

Thanks in advance,

Roxanne

That so called "legal office" is advising you to commit visa fraud. Run from them.

The fiancee visa indeed takes time - but i tis the legal way.

But he would only be allowed to visit me for 3 months during this 9-12 month period? And I have to be able to marry him live... so he would have to come visit me anyways...

Edited February 4, 2009 by Amythyst

[AddyG 0]

But he would only be allowed to visit me for 3 months during this 9-12 month period? And I have to be able to marry him live... so he would have to come visit me anyways...

If he enters on a K-1 Visa you have marry within 90 days of his entry.

If you want to get married in the US (then he leaves) or in any other country, you woudl then get the marriage certificate etc and file for a K-3 or a CR-1. Your best place to start is to read over the different types of Visas in the Guides section. All of the visas will take some time! The choice is yours. Once you understand your options, you can post and the many helpful people here will be able to help!

[Amythyst 0]

Ok, I have read the guides and stuff and I still find all this extreme confusing and complicated.

If I applied for the K-1 thing... how does he get to visit me during the process? I have been discussing this elsewhere and they were even warning me that the US will not even let him in the country just to visit...

I have read over the different types and I still don't know what we should do. I am so unsure if we should marry in Denmark and then try to go to US...go to US marry file... or do the K-1 thing... we just wanna be together.

[Amythyst 0]

Also I just read this in the "Guides" section of this website:

General notes about adjusting from H1B, F-1, J-1, or another type of visa: Entering the US on another

type of visa, such as student (F-1) or H1B, followed quickly by marriage to a US citizen, and then followed

quickly by an application for adjustment of status might be construed by the USCIS to be visa fraud. The

reason for this is that you applied for the original visa, and then after entry into the US quickly applied for

adjustment of status, which makes the real purpose for your original visa request suspect. Bear in mind, the

onus to disprove an accusation of fraud from the USCIS is on the person petitioning for adjustment of

status. For this reason, I do not recommend applying for adjustment of status very quickly after you enter the

US on one of these other visa types (although filing immediately is still legal if you had no intent on marrying

and adjusting status both when you applied for your original visa and when you subsequently entered the US at the Port

of Entry). There is no time limitation on when you must apply for adjustment of status after marriage to a US

citizen...you could literally stay in the US for years before doing so, and as long as you maintained your status on the

original visa, it would still be fine. While applying for adjustment of status very quickly might lead to a fraud accusation

from the USCIS , the marriage itself is not an issue--no one will try to prosecute you in any way for marrying a US

citizen, even if it is not very long after you enter the US. The thing to remember is that you do not want to apply for

adjustment of status until a reasonable amount of time has passed after your entry. Shusterman recommends waiting

at least 60 days after entry before changing status. You may want to consult an attorney if you have further questions

regarding the timing issue for adjustment of status

So, under that statement... if my boyfriend came to the US just to visit ...check out the place... see if he likes it there (and has a return ticket home)

And then after 60 days, the topic of marriage comes up... wouldn't it then be technically ok from a high level perspective?

[*Snowdrop* 604]

How long have you been in Denmark? Often if you have lived in a country for a certain length of time and are a legal resident then you can get married and file for the spousal visa through the Embassy or Consulte there. Called Direct Consular Filing or DCF on here.

It's usually MUCH quicker than the other way which is filing once you live in the US through the service centers. Perhaps that way you could stay together in Denmark while the application is processed and come back together. Although I don't know what Denmark's specific requirements are for DCF so you would have to check that out.

As for your question about visiting and then 'just deciding to stay' - it sounds like intent to get round the visa rules when you put it like that and I don't think anyone on here will encourage you to break the law.

[Amythyst 0]

How long have you been in Denmark? Often if you have lived in a country for a certain length of time and are a legal resident then you can get married and file for the spousal visa through the Embassy or Consulte there. Called Direct Consular Filing or DCF on here.

It's usually MUCH quicker than the other way which is filing once you live in the US through the service centers. Perhaps that way you could stay together in Denmark while the application is processed and come back together. Although I don't know what Denmark's specific requirements are for DCF so you would have to check that out.

As for your question about visiting and then 'just deciding to stay' - it sounds like intent to get round the visa rules when you put it like that and I don't think anyone on here will encourage you to break the law.

I have only been here 3 months just as a visitor.

Well as I pointed out in the cut and paste that I posted (which came directly from this website) it isn't getting around the rules. And based on that explaination its

perfectly ok to come with the intention of visiting and then happening to decide to marry a US citizen... it even says there is nothing wrong and no one can pursecute you for marrying

them while you are there. It is all about appearances and how quickly you try to take action. I cannot interpret that guideline any other way. Definately going to speak to an immigration lawyer this weekend though. I

of course do not want to break the law either.

Edited February 6, 2009 by Amythyst

[childress_london 3]

Technically, you would be breaking the law by marrying him while he is here on a visitor visa if he stays and does not return to his country. You take your chances on whether or not USCIS calls it fraud or not.

[Amythyst 0]

Technically, you would be breaking the law by marrying him while he is here on a visitor visa if he stays and does not return to his country. You take your chances on whether or not USCIS calls it fraud or not.

Then why does the information in the guide say you are free to marry a US person and remain under the terms of your current visa

without applying for a change of status?

[*Snowdrop* 604]

It's not breaking the law if you marry on a visitor visa as long as when you entered the country you had no intention of marrying and staying on that trip.

The issue can be proving that to USCIS if they ask about intent when processing your application.

And I don't mean to sound harsh but your post above sounds like a plan to have an 'unplanned' wedding on a visitor visa - which kinda stops it being legal under the terms you correctly identified.

How long can you stay in Denmark now? If you filed the K1 straight away, spent a few more months with your fiance there and then a few months moving back, getting situated back in the US, getting a job etc - the process could easily be nearly complete before you realised it and he could move over without any worrying about difficult interviews with USCIS etc. Obviously it's entirely up to you. But I do sympathise with your situation. I spent the first year of my marriage living apart from my husband because of this process and it's tough.

[Amythyst 0]

No, I was just asking questions...and as I said I was trying to confirm or deny what the lawyer had told my mother. Its a lot of information to absorb. I think I got it all sorted out now.

The other thing I'm wondering is another website said that K-3 visas are now not the way to go? I'm not fully understanding that statement and don't really know what would be done in place of it then?

[*Snowdrop* 604]

The other option apart from the fiance (K1) visa is a spousal visa - ie you get married before filing anything. That would be a CR1 (married for less than 2 years when filing) in your case. The K3 visa is an extra step added on the the CR1 application which was intended to get the applicant to the US a bit quicker. So they could come to the US and finish the spousal process there. For a while now the K3 (for many people) has been taking as long if not longer than just filing for the spousal visa and waiting until the process is done before arriving in the US.

We just filed for the CR1 visa and ignored the K3 option. Now though I wish we had done the K1 fiance visa as it would have been much quicker.

If speed is your concern and you want to be together as soon as possible then the K1 might be your best option.

The advantage of the other option - the CR1 is that your husband would be able to work as soon as he arrived in the country - he faces up to a 3+ month wait for authorization with the K1.

[JoBri 548]

Me and my wife at first were going to have her come here on a visitor visa, then marry. But the risks would have been so great. If the US government would have suspected fraud, they could have prohibited her from EVER coming into the US again, thus keeping us apart forever, unless I were to move to her country instead.

So go the approved route and then you dont have to worry about it.

Those lawyers at that law firm sound like a bunch of quacks.