Advice on paths to get visa

[TBoneTX 45,333]

*** Thread moved from K-1 Process forum to General Immigration Discussion -- OP is contemplating visa paths. ***

[bigdog 376]

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!

[islandgal 74]

As others have said....get married, file CR1...more flexibility in traveling back and forth after approval with less cost and less headache. But you must remember that when you get the green card it's with the thought that you'll be living in the US....not sure how that will affect your offshore work.

[TJandKC 11]

As others have said....get married, file CR1...more flexibility in traveling back and forth after approval with less cost and less headache. But you must remember that when you get the green card it's with the thought that you'll be living in the US....not sure how that will affect your offshore work.

For sure, thank you. It won't affect my work really, since I'm now delaying my departures to the US for some days after I'm off work, to make sure I'm not spending more time in the US then in Norway.

So if I have a GC, I'll be able to leave sooner without worrying about spending too much time in the US. I'll have approx 7-8 months in the US in my off time, I guess thats enough to retain a green card!

Terje

[jaycali 415]

For sure, thank you. It won't affect my work really, since I'm now delaying my departures to the US for some days after I'm off work, to make sure I'm not spending more time in the US then in Norway.So if I have a GC, I'll be able to leave sooner without worrying about spending too much time in the US. I'll have approx 7-8 months in the US in my off time, I guess thats enough to retain a green card!Terje

Yep. That should be perfectly fine!

[jaycali 415]

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

The legal rationale behind that is very logical. Most VWP travelers who are denied entry are denied because they cannot overcome the "presumption of immigrant intent." The CBP is required by law to assume any person landing at a US airport to be an intending immigrant until satisfied otherwise. Immigrant intent is very difficult to prove, but they can turn you away with just a presumption. This is why frequent travelers (while legal) often do face problems with the CBP.

Having a presumption of immigrant intent on your record will have you barred from using the VWP, and a difficult time getting a non-immigrant visa again. Since a CR-1 visa is an immigrant visa it is expected that you have immigrant intent. You cannot be denied an immigrant visa because you intend to immigrate. So a previous denied entry for immigrant intent is completely irrelevant to the application.

Good luck, and have a smooth journey!

Edited March 2, 2013 by Jay Jay

[TJandKC 11]

The legal rationale behind that is very logical. Most VWP travelers who are denied entry are denied because they cannot overcome the "presumption of immigrant intent." The CBP is required by law to assume any person landing at a US airport to be an intending immigrant until satisfied otherwise. Immigrant intent is very difficult to prove, but they can turn you away with just a presumption. This is why frequent travelers (while legal) often do face problems with the CBP.

Having a presumption of immigrant intent on your record will have you barred from using the VWP, and a difficult time getting a non-immigrant visa again. Since a CR-1 visa is an immigrant visa it is expected that you have immigrant intent. You cannot be denied an immigrant visa because you intend to immigrate. So a previous denied entry for immigrant intent is completely irrelevant to the application.

Good luck, and have a smooth journey!

Thank you for all the information and expertise, you guys are incredibly knowledgable! I guess thats what happens when you find yourself in a situation where knowledge is paramount.

My girlfriend is actually from Hawaii, JayJay. We travel there to see her family all the time, if you're bored or want to speak norwegian with someone, I'll let you know if and when I'm in Honolulu! She grew up in Aiea heights.

Thanks!

Terje