Advice on paths to get visa

[TJandKC 11]

Hi!

This is my first post on the forum after lurking for a while to get information

First a little about my self and my significant other. I am a 26 year old male from Norway who happened to stumble upon the love of my life in Hawaii on New Years 2010/2011.

I'm working full time offshore in Norway with a 2-4 schedule. She is a 26 year old female living in Portland, OR, working full time. We share an apartment in the US and a car.

My name is on the lease and even on the car-title. Ever since I got the job offshore (Sept 2011), I've been traveling to and from Portland in my off-time.

I think I have about 10 (around 18-22 days each) trips since I started. She's been to Norway a couple of times and we've also been on holiday in Europe together.

I've been traveling on the VWP as the embassy said that there really was no visa option for this type of travel (Except for B2). I've made sure to not stay more then

6 months in a year in the US and been vigilant about staying at home in Norway for the same amount of time as I've been staying in the US.

Now, I realize that my travels on the VWP is a risk, as the CBP officers can easily deny me entrance to the US at the POE. So far I've had no problems at all,

no additional questioning or anything, but I acknowledge the risk of traveling back and forth that often. Any ideas on how long I might be able to keep this up?

Obviously, I am going to pop the question pretty soon, and get working on the visa and Green Card.

Neither of us wants to quit our job and go live with the other while the visa is processing, we are both very career oriented and in a good place to climb the ladder right now.

My question is this, what path should I take to minimize the processing time of the K-1/CRJ and also AOS to GC?

I've read quite a lot about it, and understand that the wait can be anywhere from 7 months to years.

I can't stay in the US while my adjustment of status is processing, since I have work,

and I cant imagine that I will get my advanced parole to go home and work every 6 weeks, as that process can be lengthy too.

I'm not looking for any detailed instructions on applying for visas or anything, just some info on what the best way to minimize waiting times.

I know it will be hard on her if we are apart for a long time, although I will take her to Norway and on holidays etc while we are waiting for approvals,

but she doesnt get too much time off in a year.

Any advice is appreciated

Cheers!

Terje

Edited March 1, 2013 by TJandKC

[baron555 934]

Hi!

This is my first post on the forum after lurking for a while to get information

First a little about my self and my significant other. I am a 26 year old male from Norway who happened to stumble upon the love of my life in Hawaii on New Years 2010/2011.

I'm working full time offshore in Norway with a 2-4 schedule. She is a 26 year old female living in Portland, OR, working full time. We share an apartment in the US and a car.

My name is on the lease and even on the car-title. Ever since I got the job offshore (Sept 2011), I've been traveling to and from Portland in my off-time.

I think I have about 10 (around 18-22 days each) trips since I started. She's been to Norway a couple of times and we've also been on holiday in Europe together.

I've been traveling on the VWP as the embassy said that there really was no visa option for this type of travel (Except for B2). I've made sure to not stay more then

6 months in a year in the US and been vigilant about staying at home in Norway for the same amount of time as I've been staying in the US.

Now, I realize that my travels on the VWP is a risk, as the CBP officers can easily deny me entrance to the US at the POE. So far I've had no problems at all,

no additional questioning or anything, but I acknowledge the risk of traveling back and forth that often. Any ideas on how long I might be able to keep this up?

Obviously, I am going to pop the question pretty soon, and get working on the visa and Green Card.

Neither of us wants to quit our job and go live with the other while the visa is processing, we are both very career oriented and in a good place to climb the ladder right now.

My question is this, what path should I take to minimize the processing time of the K-1/CRJ and also AOS to GC?

I've read quite a lot about it, and understand that the wait can be anywhere from 7 months to years.

I can't stay in the US while my adjustment of status is processing, since I have work,

and I cant imagine that I will get my advanced parole to go home and work every 6 weeks, as that process can be lengthy too.

I'm not looking for any detailed instructions on applying for visas or anything, just some info on what the best way to minimize waiting times.

I know it will be hard on her if we are apart for a long time, although I will take her to Norway and on holidays etc while we are waiting for approvals,

but she doesnt get too much time off in a year.

Any advice is appreciated

Cheers!

Terje

Probably the best bet would be for you guys to get married (wherever you can) and then you split up, work, and file for the CR-1. This way upon approval, you will be able to work immediately upon entry to the US. You may be able to continue to visit to see her (plan for if you are not able....meaning denied entry) and then she would have to be the one traveling to see you unless you both met in another country.

The K-1 a a bit quicker 7-10-12 months but there's a period after you get married here where you can not work (about three months) until you get the EAD or eventually the GC. The CR-1 is a bit longer, about a year, but you can work immediately.

[TJandKC 11]

Probably the best bet would be for you guys to get married (wherever you can) and then you split up, work, and file for the CR-1. This way upon approval, you will be able to work immediately upon entry to the US. You may be able to continue to visit to see her (plan for if you are not able....meaning denied entry) and then she would have to be the one traveling to see you unless you both met in another country.

The K-1 a a bit quicker 7-10-12 months but there's a period after you get married here where you can not work (about three months) until you get the EAD or eventually the GC. The CR-1 is a bit longer, about a year, but you can work immediately.

Hey Baron555, thanks for the reply.

So the while the CR-1 visa processes, it actually allows for me to travel to the US on the VWP?

Now when you say work, I don't intend to work in the US, I will still continue my work in Norway. But are you saying that I cant leave the US for 3 months after the marriage when on a K-1 visa?

I actually got an offer to work in the Gulf of Mexico (I know, taking this job would solve all of this), but the schedule was horrible and they pay was not what I wanted.

[Alaska2012 462]

Time wise CR1 and K1 are about the same these days, anywhere from 7-12 months depending on luck!

Entering on K1 you have a bunch of paperwork ahead of you after you are married, and you can't leave until all that is taken care of, for some people it goes quite quick others are stuck for 3 months or so. If you enter on a CR1 you are golden immediately, your green card will arrive within a month and your ss# too.

[TJandKC 11]

Alright, thank you for all the info!

It seems that CR-1 is the way to go for me. As I understand you can continue to travel on the VWP while the CR-1 is processing, and if I get denied, I'll just have her come to me or meet up in another country.

I've also read that marrying while on the VWP is not an issue either, as long as you are leaving the US again.

Another thing I've been reading about is multiple entries on the VWP. I believe I've read one too many horror stories about being turned away at the POE, but its still nerve wrecking every time I go through customs.

Is it correct to assume that as long as I keep the stays and accumulated time spent in the US within the magic number (180 days/18-22 days per stay),

while also having good documentation about my ties to Norway and having a return ticket, I will be golden..? I know there's no guarantees, but I want be on the "safe" side of the terms for this visa.

Thanks!

[CaroSL 68]

Now when you say work, I don't intend to work in the US, I will still continue my work in Norway. But are you saying that I cant leave the US for 3 months after the marriage when on a K-1 visa?

I actually got an offer to work in the Gulf of Mexico (I know, taking this job would solve all of this), but the schedule was horrible and they pay was not what I wanted.

Baron was talking about after you move in the US. The only point of CR1 and K1 is to move in the US. If you get married and don't want to settle in the US, you don't need a US visa...

If you do want to settle in the US:

If you go the K1 route, once you get the visa, you'll have to move to the US within 6 months. Once you are in the US, you'll have to get married within 90 days. Once you are married, you'll apply for adjustment of status (green card), work authorization (EAD) and advance parole (AP)

It will take 60 to 90 days for you to get EAD and AP. This will allow you to work legally in the US, and leave the country for a limited period of time until you get the green card. I don't think it is possible for you to keep your job in Norway and file AOS at the same time... or keep your job in norway once you have a GC... Basically, the GC is for permanent residents, if you don't actually reside in the US, you don't need one...

If you go the CR1 route, once you have the visa and you move to the US, you'll be able to work legally in the US right away. But I don't think you can keep your job in norway, cause you have to be a permanent resident in the US (thus, be there more than half of the year)... But I don't know what your job is so maybe it is possible. But probably it would be more simple to just find a job in the US, if you want to live there...

[TJandKC 11]

Baron was talking about after you move in the US. The only point of CR1 and K1 is to move in the US. If you get married and don't want to settle in the US, you don't need a US visa...

If you do want to settle in the US:

If you go the K1 route, once you get the visa, you'll have to move to the US within 6 months. Once you are in the US, you'll have to get married within 90 days. Once you are married, you'll apply for adjustment of status (green card), work authorization (EAD) and advance parole (AP)

It will take 60 to 90 days for you to get EAD and AP. This will allow you to work legally in the US, and leave the country for a limited period of time until you get the green card. I don't think it is possible for you to keep your job in Norway and file AOS at the same time... or keep your job in norway once you have a GC... Basically, the GC is for permanent residents, if you don't actually reside in the US, you don't need one...

If you go the CR1 route, once you have the visa and you move to the US, you'll be able to work legally in the US right away. But I don't think you can keep your job in norway, cause you have to be a permanent resident in the US (thus, be there more than half of the year)... But I don't know what your job is so maybe it is possible. But probably it would be more simple to just find a job in the US, if you want to live there...

Hey CaroSL,

My job does allow me to live in the US and work in Norway. I just want to marry my girlfriend, and become a legal resident so I can buy a house and have kids, pay my taxes and all that.

With a 2 weeks on 4 weeks off schedule, I would be spending about 8 months (+/- some day of travelling) in the US. So I can't continue this traveling on the VWP, and also, can't legally own anything in the US without residency.

Thanks!

[CaroSL 68]

Hey CaroSL,

My job does allow me to live in the US and work in Norway. I just want to marry my girlfriend, and become a legal resident so I can buy a house and have kids, pay my taxes and all that.

With a 2 weeks on 4 weeks off schedule, I would be spending about 8 months (+/- some day of travelling) in the US. So I can't continue this traveling on the VWP, and also, can't legally own anything in the US without residency.

Thanks!

I see. K-1 is clearly not your route, you won't be able to keep your job in norway. CR1 should probably work

Good luck!

[TJandKC 11]

I see. K-1 is clearly not your route, you won't be able to keep your job in norway. CR1 should probably work

Good luck!

Thank you! I will keep my profile updated with the progress once I start this process.

I'll probably come back and ask a bunch of more questions, but I'll be sure to search the forums first

Thanks again everyone!

Terje

[baron555 934]

Thank you! I will keep my profile updated with the progress once I start this process.

I'll probably come back and ask a bunch of more questions, but I'll be sure to search the forums first

Thanks again everyone!

Terje

Sounds like you know your path forward. Read the VJ Guides for the CR-1 and read the stickies and post in the CR-1 forum. There is a residency requirement to maintain the GC but staying 8 monhts of a year in the US should satisfy that. Then, if you stay married to the same person, within three years you can apply for your naturalization, become a US citizen and get a US passport and you're free to do everything.

[jaycali 415]

Hey Baron555, thanks for the reply.So the while the CR-1 visa processes, it actually allows for me to travel to the US on the VWP? Now when you say work, I don't intend to work in the US, I will still continue my work in Norway. But are you saying that I cant leave the US for 3 months after the marriage when on a K-1 visa?I actually got an offer to work in the Gulf of Mexico (I know, taking this job would solve all of this), but the schedule was horrible and they pay was not what I wanted.

I traveled to the US 4 times after the wedding, 3 times after filing the I-130 for CR-1. Had no problems what so ever.

Keep in mind that plenty of Norwegian offshore workers do what you do - They have vacation homes in Spain, Thailand, Florida etc. that they travel to on their month off. It's generally not a problem - You make good money, and you have a lot of time off. You're not seen as a likely overstayer or illegal worker. Have you encountered any problems with the CBP so far?

You've obviously entered a lot, but you also have a track record of leaving on time. That's really what they look at.. 1. Are you a risk of working illegally, and 2. Are you a risk of overstaying. In my opinion, your track record speaks for itself. You have a stable job, good income, and it makes sense why you have so much time to travel. In addition, you have entered plenty, and never overstayed. I don't foresee any major problems if you keep using the VWP. Also, a denied entry on the VWP will have no bearing on your ability to apply for a CR-1 visa later.

Also keep in mind that it is a requirement in order to maintain your permanent resident status that you actually reside in the US. Depending on how much you're working in Norway, you may face problems maintaining your US resident status. As far as what you're doing now, the VWP is the most appropriate way to do it. If you gain resident status in the US, you also have to file taxes in the US, and may be taxed on your Norwegian income, both by Norway, the US and Oregon.

Yes, if you go the K-1 route, you will not be able to leave the US for at least 2 - 3 months. The embassy in Oslo are generally very helpful with advice, but as you know, they cannot guarantee entry - the CBP admits people, not the embassy.

Edited March 2, 2013 by Jay Jay

[TJandKC 11]

Sounds like you know your path forward. Read the VJ Guides for the CR-1 and read the stickies and post in the CR-1 forum. There is a residency requirement to maintain the GC but staying 8 monhts of a year in the US should satisfy that. Then, if you stay married to the same person, within three years you can apply for your naturalization, become a US citizen and get a US passport and you're free to do everything.

I will definitely do that, thanks for the advice.

Terje

[jaycali 415]

Sounds like you know your path forward. Read the VJ Guides for the CR-1 and read the stickies and post in the CR-1 forum. There is a residency requirement to maintain the GC but staying 8 monhts of a year in the US should satisfy that. Then, if you stay married to the same person, within three years you can apply for your naturalization, become a US citizen and get a US passport and you're free to do everything.

I will definitely do that, thanks for the advice. Terje

Keep in mind that Norway does not allow for dual citizenship unless you're entitled to it by birth. If you naturalize, your Norwegian citizenship becomes void, and you can no longer work legally in Norway without a work permit.

[TJandKC 11]

Keep in mind that Norway does not allow for dual citizenship unless you're entitled to it by birth. If you naturalize, your Norwegian citizenship becomes void, and you can no longer work legally in Norway without a work permit.

Yes I am aware of that, thank you I don't plan to give up my norwegian citizenship, I'll leave voting etc up to my future wife

[TJandKC 11]

I traveled to the US 4 times after the wedding, 3 times after filing the I-130 for CR-1. Had no problems what so ever.

Keep in mind that plenty of Norwegian offshore workers do what you do - They have vacation homes in Spain, Thailand, Florida etc. that they travel to on their month off. It's generally not a problem - You make good money, and you have a lot of time off. You're not seen as a likely overstayer or illegal worker. Have you encountered any problems with the CBP so far?

You've obviously entered a lot, but you also have a track record of leaving on time. That's really what they look at.. 1. Are you a risk of working illegally, and 2. Are you a risk of overstaying. In my opinion, your track record speaks for itself. You have a stable job, good income, and it makes sense why you have so much time to travel. In addition, you have entered plenty, and never overstayed. I don't foresee any major problems if you keep using the VWP. Also, a denied entry on the VWP will have no bearing on your ability to apply for a CR-1 visa later.

Also keep in mind that it is a requirement in order to maintain your permanent resident status that you actually reside in the US. Depending on how much you're working in Norway, you may face problems maintaining your US resident status. As far as what you're doing now, the VWP is the most appropriate way to do it. If you gain resident status in the US, you also have to file taxes in the US, and may be taxed on your Norwegian income, both by Norway, the US and Oregon.

Yes, if you go the K-1 route, you will not be able to leave the US for at least 2 - 3 months. The embassy in Oslo are generally very helpful with advice, but as you know, they cannot guarantee entry - the CBP admits people, not the embassy.

JayJay, I actually did not see this post until now

Yes, everything you said above is true. I've been reading a lot of stories about people doing the same thing and then ended up being denied entry. So I just want to make sure that I do not get denied and don't have to worry about it every time I travel home to Portland. Although it is true what you said about the taxes, I've done some calculations and I think I end up on top even with being taxed in all three places. I know we have a special tax-bracket for people living abroad working offshore and that there are lots of deductibles because of it. My goal is to maintain my pension/benefits at home and be able to live in the US with my siginificant other. I've been trying to gather information on how foreign income is taxed in the US but havent come across any specifics yet, just that theres a deductible for people who spend more then 330 days outside the US, which will not be the case with me.

Thank you for the input JayJay, it's comforting to know that I won't get banned from the US at least if they decide that I'm pushing the boundaries on whats allowed with the VWP.

I'll keep it up for a while longer, but ultimately I would have to arrange to get my GC and live there full time, address change and all.

Thanks,

Terje