Hope I'm in the right spot/Confused

[Ippsy Pippsy 31]

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

Actually I would say your best option is probably to move to Denmark. You wouldn't have this problem there.

But, you could look into other things. F1 student visa? Diversity visa?

And did I mention that it is useful to be politically active?

[Harpa Timsah 13,258]

I'd move to Denmark. Best of luck.

If you are set on living in the US, you can look into student visas for the US. Does she have a bachelor's degree yet? If not, work visas will be hard to come by (if not impossible).

[VanessaTony 3,567]

...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.

She can apply for one, but that doesn't mean she'll get approved.

Honestly your best choice is to immigrate to her country as others have mentioned same-sex marriages are recognised there. Then when/if DOMA is passed you can move to the US if you want.

Another choice is the Diversity Visa lottery, a long shot but it's a shot. There's also work and student visas but those are mostly temporary choices.

[Cathi 5,756]

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.

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.)

You really need to check your facts, being Muslim does not equal AP, you are without a doubt making generalizations, many Muslims come from "first world" countries as well, and even if they don;t it doesn't mean they will get AP. AP is higher in high fraud countries, not because of ones religion. In fact among the countries with the highest fraud in fiscal year 2010, not one was a so called "Muslim" country. Here is the link so you can see where fraud has the highest percentages http://www.gao.gov/assets/650/647871.pdf . This is taken directly from page 2 "Certain countries and visa categories are subject to higher levels of fraud. In fiscal year 2010, almost 60 percent of confirmed fraud cases (9,200 out of 16,000) involved applicants from Brazil, China, Dominican Republic, India, and Mexico."

Don't diss an entire segment of the population because you are misinformed. Look at facts before you make prejudiced comments. You also made a comment about a big age difference making a difference, I have yet to see one person on this site outright denied because of an age difference, I am 21 years older than my husband and it wasn't an issue.

To the OP, the US does not recognize same sex marriages for immigration. Right now you don;t have any option for petitioning for her. She can try for the diversity lottery or a student visa, or you could live in Denmark. best of luck!

[BaBamSam 239]

You really need to check your facts, being Muslim does not equal AP, you are without a doubt making generalizations, many Muslims come from "first world" countries as well, and even if they don;t it doesn't mean they will get AP. AP is higher in high fraud countries, not because of ones religion. In fact among the countries with the highest fraud in fiscal year 2010, not one was a so called "Muslim" country. Here is the link so you can see where fraud has the highest percentages http://www.gao.gov/assets/650/647871.pdf . This is taken directly from page 2 "Certain countries and visa categories are subject to higher levels of fraud. In fiscal year 2010, almost 60 percent of confirmed fraud cases (9,200 out of 16,000) involved applicants from Brazil, China, Dominican Republic, India, and Mexico."

Don't diss an entire segment of the population because you are misinformed. Look at facts before you make prejudiced comments. You also made a comment about a big age difference making a difference, I have yet to see one person on this site outright denied because of an age difference, I am 21 years older than my husband and it wasn't an issue.

To the OP, the US does not recognize same sex marriages for immigration. Right now you don;t have any option for petitioning for her. She can try for the diversity lottery or a student visa, or you could live in Denmark. best of luck!

If you look at embassy reviews, you will see that AP is common for Middle Eastern-sounding names - particularly when going through embassies like London and Western embassies (when coming from a country that is primarily Muslim, it is not as common for people to be placed in AP for their names alone). It's an unfortunate result of the current political climate in the US. I don't think Ippsy Pippsy was trying to say anything bad about Islam or Muslims, but was commenting on a trend that can visibly be seen in data. High fraud is another reason for frequent AP and denials. And age difference can be a red flag, it is commonly talked about in this forum. No, it is usually not reason for denial but it can and does raise questions for some people especially at certain embassies. It is great that you had a painless process, but please don't use your sole experience as reason to reject other more painful processes that revolved around these issues.

To the OP, as others have said, your options right now are mostly limited to student visas and trying for the diversity lottery. Work visas are extremely difficult to come by for most people.

[Boggy1974 124]

If you look at embassy reviews, you will see that AP is common for Middle Eastern-sounding names - particularly when going through embassies like London and Western embassies (when coming from a country that is primarily Muslim, it is not as common for people to be placed in AP for their names alone). It's an unfortunate result of the current political climate in the US. I don't think Ippsy Pippsy was trying to say anything bad about Islam or Muslims, but was commenting on a trend that can visibly be seen in data. High fraud is another reason for frequent AP and denials. And age difference can be a red flag, it is commonly talked about in this forum. No, it is usually not reason for denial but it can and does raise questions for some people especially at certain embassies. It is great that you had a painless process, but please don't use your sole experience as reason to reject other more painful processes that revolved around these issues.

To the OP, as others have said, your options right now are mostly limited to student visas and trying for the diversity lottery. Work visas are extremely difficult to come by for most people.

I agree. :thumbs: :thumbs:

[OhCandi 0]

So she and I were talking yesterday and I am very very bad at googling things and never finding proper websites so I'm curious is there any way I can stay in Denmark longer then 3 months in a row? I don't want to move there but I was wanting to find a way to stay at least 5-6 months in a row. So is it in any way possible?

[Krikit 1,164]

Moving from K-1 Process to General Immigration-Related Discussion.

Welcome to VJ.

[rarasantiago 3]

So she and I were talking yesterday and I am very very bad at googling things and never finding proper websites so I'm curious is there any way I can stay in Denmark longer then 3 months in a row? I don't want to move there but I was wanting to find a way to stay at least 5-6 months in a row. So is it in any way possible?

Check here: http://www.nyidanmark.dk/en-us/coming_to_dk/visa/extension.htm

Also, review other sections on that site, such as Studies, Interns, etc., to see what other options you have.

See the Entry/Exit Requirements for US Citizens, might have useful info about attending school length of stay: here:http://travel.state.gov/travel/cis_pa_tw/cis/cis_1100.html

Edited March 9, 2013 by rarasantiago