Hope I'm in the right spot/Confused

[OhCandi 0]

So I am extremely new to this forum and quite lost but I think I am in the right spot.

I met my girlfriend, KT, over a year ago online. She lives in Denmark and I live in West Virginia. We obviously just started out as friends and then about 5 months into our friendship we became much more. Her first visit here was July 2012 thru October 2012. Then I decided to pack up and I went home with her when she left which was from October 2012 thru January 2013. When I came back home she came with me and when she returns to Denmark in April I will be going back with her until July. When we came back in January I could swear we had the rudest lady ever inspecting us. She said that us dating was unbelievable and that we were suspicious because I missed a semester of school while I was away. I tried to explain to her that I didn't miss a semester of school and that I do online classes and she just wasn't having any. So KT and I are looking into getting married and I just do not know how to go about things or what I have to do. I have googled everything I can think of and that's how I found this site. I have read things from "It's easier if you get married then try to move to the US." to "It's never going to happen." So I don't know what to think...or do. So help please?

[aws&ndd 103]

First of all welcome to VJ! You will find a lot of helpful information here. The best thing i can suggest is read the guides at the top...especially about the k-1 and cr-1 processes. A k-1 visa is used to bring your fiance to the US to get married and stay by filing AOS after the marriage. A cr-1 visa is used to bring your wife to the US after you already married. There are pros and cons to each so best for you to research and ask yourself what it is you want to do. Good luck!

[Ippsy Pippsy 31]

Denmark? Don't panic. Unless your SO is islamic or 20 yrs older/younger, you're fine.

Read the consulate reviews to check.

K1: if you have strong ties, you can visit while processing; was the faster visa back when we did it

CR1: cheaper, and you can work right away

But don't panic.

[Cathi 5,757]

Denmark? Don't panic. Unless your SO is islamic or 20 yrs older/younger, you're fine.

Read the consulate reviews to check.

K1: if you have strong ties, you can visit while processing; was the faster visa back when we did it

CR1: cheaper, and you can work right away

But don't panic.

hmmmmmmm.....my husband is Muslim(it isn't "Islamic"). I am 21 years older, and we didn't have any problems. Don't make sweeping generalizations if you don't have fact to back it up.

[rarasantiago 3]

As aws&ndd said, read, re-read and re-re-read the Guides linked at the top of the site. Each case's individual situation is different, so some may have had an easy process while other have had a tough process, you don't know the specifics of their cases. The best you can do is again, read the guides, start getting all your paperwork in order, post questions that you have, and start the process.

Also, if you have specific regional questions you can post here: http://www.visajourney.com/forums/topic/185-scandinavians/

Good luck!

Edited March 6, 2013 by rarasantiago

[OhCandi 0]

Thank you all so much for the quick response!

I really do appreciate the help. I do have another question though. I have read through the guides and I didn't see where we have to get married if we choose to go that route. Do we have to get married in America or in Denmark? Or does it even matter?

[Ippsy Pippsy 31]

First, I don't think it is a sweeping generalization to say that you are unlikely to get administrative processing/etc/etc if you aren't Muslim. Unwrap that logic, I'm not saying all Muslims get AP. And plenty make it here. Someone told OP "its never going to happen", which isn't true. (Depending on what it is.) Denmark is a first world country, and I can't see it being high fraud. So my first post holds: don't panic.

Thank you all so much for the quick response!

I really do appreciate the help. I do have another question though. I have read through the guides and I didn't see where we have to get married if we choose to go that route. Do we have to get married in America or in Denmark? Or does it even matter?

If you use K1 (fiance visa), you get married in America. If you use CR1 (spousal visa), you get married in Denmark. See? Spouse vs fiance. Which one you are depends on which one you have to use. Pick a country to get married in and pick the visa (or vice versa).

If you use K1, you get married in the USA within 90 days. Then you stay in the USA until you get your green card (or until you have your advance parole card). Then you can leave and get back in. Plan your honeymoon accordingly.

You got ####### at US Border Patrol because they were probably worried you were planning to use the VWP to enter, marry, and then adjust status. Planning to do that would be illegal. Keep in mind that your fiance can be denied entry to the US at any time immigrations wants to. (Do a search on this board to see what "strong ties" are, and have them if entering under VWP again.)

But! It is technically legal to enter the US on the Visa Waiver Program, get married, and then have your spouse return to Denmark. And then file for a CR-1.

Also, all of the above assumes the two of you want to STAY in the USA. Once one has a green card, it makes you a permanent resident, and you have to stay in the USA long enough to maintain residency. Where do the two of you want to end up? Note that it might be quicker for you to immigrate to Denmark (true for NL). (Note also that once you have a green card, and stay married, the spouse can become a citizen in 3 years. Not sure how it is in Denmark, but that part was quicker in the US than it would have been in NL. So there are choices and things to weigh. Once a citizen of the USA, you don't have to worry about overstays and residency, just taxes. But I typed that assuming that you can both become dual citizens. Check on dual citizen laws for Denmark. Also, immigration laws can change in both countries, so stay politically aware. You're young, time to do some long-range planning.)

[Ippsy Pippsy 31]

Oh, and if you want her to come to America as a permanent resident, yes, you *have* to get married.

That may not be the case if you go there, domestic partnership might be an option. Check to see. Why you would want to do a DP over marriage, I don't know, but I figured I'd point it out just to be complete.

[OhCandi 0]

Thank you Ippsy Pippsy

Yes I am a legal American citizen. Born and raised and so was my whole family that I know of

She's from Denmark and we had met online. We do want to get married so we were looking into what states marry same-sex couples. But if we have to do it in Denmark then I guess that's not an issue. We will want to stay living in West Virginia as all of my family and friends are here. Her parents are in Denmark but they understand that I am not available to move to a different country and they are willing to come here to visit her if we get approved and all.

All of this is so confusing and I never in a million years thought I would be with someone from across the world!

[rarasantiago 3]

If you are going to CR1 route you it doesn't matter where you get married:

Spousal Visa (IR1 / CR1) - In General (see http://www.visajourney.com/content/compare)

"The couple may have previously been married either outside or within the US (the location does not matter as long as the marriage was officially recognized in the location in which it occurred)."

[rarasantiago 3]

Thank you Ippsy Pippsy

Yes I am a legal American citizen. Born and raised and so was my whole family that I know of

She's from Denmark and we had met online. We do want to get married so we were looking into what states marry same-sex couples. But if we have to do it in Denmark then I guess that's not an issue. We will want to stay living in West Virginia as all of my family and friends are here. Her parents are in Denmark but they understand that I am not available to move to a different country and they are willing to come here to visit her if we get approved and all.

All of this is so confusing and I never in a million years thought I would be with someone from across the world!

US Federal law doesn't currently recognize same-sex marriages, so you won't be able to apply for either a K1 of CR1 visa. It could change later this year, here's some detailed information: http://www.nolo.com/legal-encyclopedia/question-green-card-sponsor-partner-28055.html

Edited March 6, 2013 by rarasantiago

[Ippsy Pippsy 31]

Thank you Ippsy Pippsy

Yes I am a legal American citizen. Born and raised and so was my whole family that I know of

She's from Denmark and we had met online. We do want to get married so we were looking into what states marry same-sex couples. But if we have to do it in Denmark then I guess that's not an issue. We will want to stay living in West Virginia as all of my family and friends are here. Her parents are in Denmark but they understand that I am not available to move to a different country and they are willing to come here to visit her if we get approved and all.

All of this is so confusing and I never in a million years thought I would be with someone from across the world!

Wait, are you a same-sex couple? If so, then you should realize that immigrations follows federal law, which doesn't recognize ANY same-sex marriage. Either you wait, and hope that DOMA is overturned, or find another non-marriage immigrant visa for her to come over on. Or look into Danish law... which seems to allow same-sex marriage & immigration based on it: http://www.hrw.org/reports/2006/us0506/10.htm

Edited March 6, 2013 by Ippsy Pippsy

[BaBamSam 239]

Thank you Ippsy Pippsy

Yes I am a legal American citizen. Born and raised and so was my whole family that I know of

She's from Denmark and we had met online. We do want to get married so we were looking into what states marry same-sex couples. But if we have to do it in Denmark then I guess that's not an issue. We will want to stay living in West Virginia as all of my family and friends are here. Her parents are in Denmark but they understand that I am not available to move to a different country and they are willing to come here to visit her if we get approved and all.

All of this is so confusing and I never in a million years thought I would be with someone from across the world!

As some people have pointed out, the government doesn't currently recognize same-sex couples It's potentially going to be overturned this year, but who knows if it will be. So neither the fiance nor the spousal visa will be applicable to you, sadly.

[OhCandi 0]

...so now I am at a loss...

Can she possibly get a work visa? I mean of course us not get married or anything but can she apply for one still?

I hope they overturn this soon. It's kind of heartbreaking now.

[Kastrs 723]

...so now I am at a loss...

Can she possibly get a work visa? I mean of course us not get married or anything but can she apply for one still?

I hope they overturn this soon. It's kind of heartbreaking now.

Yes it is possible if she were to find a job that would sponsor her visa then yes she could move here, actually it's probably your best option