fiance'/spousal visas. wedding in three months! Help plz!

[krysta.ande 0]

My fiance is Norweigan and works offshore as a captain on a seismic vessel. He has a work visa to work in the Gulf of Mexico, and a tourist visa to visit me on his off time. We just got engaged and hoped to get married in Hawaii in March/April. Just wondering what visa is best to file? We would like to not spend any time with him out of the country because I have to stay here for the time being, and of course no one wants to be separated for a period of several months. Suggestions? Help? What consulate should I contact about this? Norwegian consulate in Houston?

[lost_at_sea 995]

Couple queries...

Do you want to get married and then for your Norwegian husband to leave the USA and return to work after his trip for the wedding?

-OR-

Do you want to get married and then for your Norwegian husband to stay in the USA and live with you, without leaving to return to his job/leave the USA?

This is the intro "which visa do I need?" guide you should start with: http://www.visajourney.com/content/compare - Take particular note of whether you need to be married or not to file, and the estimated processing time. You'll find guides for each option linked to, also.

Edited December 12, 2013 by lost_at_sea

[krysta.ande 0]

Well that depends. We could plan the wedding around that, either get married as soon as he returns from work, or just before he leaves again. But he works int he Gulf of Mexico which is US waters, so I believe that counts as he is still in the US but on the work visa. And then ideally we would like for him to be able to return from the ship and live with me in the US. He is out working now until January 15th and we hoped he would be able to spend his break (Jan 15-Feb 19) with me in the US, return to work for 5 more weeks (feb 19- Mar 26) and return to the US March 26 and get married sometime during that five week break. I just didn't know if that was possible. I am going to read through the link you sent me now.

[NigeriaorBust 4,087]

When he comes and goes does he pass through immigration ? ( May just be a person that checks his papers not a formal line ) This is VERY important

[krysta.ande 0]

When he comes from Norway he passes through immigration, and he goes for at least a week every time he returns from work so far to visit family. It has varied so far i.e. sometimes he leaves the ship and returns straight to Norway for a week and returns to the US for the remaining four weeks to be with me, prior to returning to the ship. In that case he goes through customs and they stamp his tourist visa. The opposite happens as well in that he returns from the ship and stays in the US with me for four weeks and then goes to Norway for a week before returning to work in the US to board the ship right away, in which case he goes through customs and uses his work visa. If this is a factor, we can discuss him not returning home to visit for a few rotations to process visas if that will make it easier for us and allow him to stay with me in the US while the visa is being processed.

[milimelo 4,486]

Get married and file for spouse visa - CR-1 (consular processing).

[krysta.ande 0]

Regarding the spouse visas and getting married first, my concern is this:

"If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US."

http://www.visajourney.com/content/i130guide2

[Darnell 8,478]

ya, that's one bit for adjusting inside the usa, not chasing any visa.

Guide 2 is different than Guide 1. One is for chasing a visa, two is for adjustment of status inside the USA. Both lead to a green card, at the end.

However, even with that said, there's nothing stopping him from marrying you in the USA and then leaving before his current visa expires. Nothing whatsoever.

[krysta.ande 0]

ya, that's one bit for adjusting inside the usa, not chasing any visa.

Guide 2 is different than Guide 1. One is for chasing a visa, two is for adjustment of status inside the USA. Both lead to a green card, at the end.

However, even with that said, there's nothing stopping him from marrying you in the USA and then leaving before his current visa expires. Nothing whatsoever.

So if we happened to get married while he was on his tourist Visa, then he went back to Norway to visit home, returned for work and after that period of work when he came in (now married) we could file for adjustment of status?

[Darnell 8,478]

Not really, no. Could file for it after marriage, but must stay inside of USA until green card in hand. IMO, for his work schedule, that will suck.

---

Suggest you two chase a CR-1 visa, instead.

This gives him the greatest flexibility for his work, up until the interview date back at the US Consulate / IV Unit, somewhere in/around Norway.

[Darnell 8,478]

When I read Post #5, I have to think you got things twisted and backwards.

Chasing a Visa - doesn't matter where the foreign spouse is, except on interview day. All of this 'staying in the USA whilst waiting for the visa' does nothing except acrue unlawful presence time. It's fine to keep visiting, but not to stay or overstay.

Chasing an adjustment o status - he can't leave the USA after the big pack from Guide 2 is filed, till the greencard hits your postbox. I think this will be troublesome for his work schedule.

[NikLR 13,227]

Are you both wanting to live in the USA?

If yes, then IMHO, your best bet is not to do anything that requires adjustment of status because that messes up his working. I suggest marriage, if you're both ready and wanting to do that, and the CR1 visa path.

[krysta.ande 0]

Yes we both want to live in the US. So it sounds like the consensus is to get married (yes we are ready, only waiting because we didn't want to screw this process up by accident) while he is here (which is on his tourist visa) and then apply for the CR1? Does that mean he can return to work, and then return to stay in the US until the interview, in which case he'd go back to Norway?

[krysta.ande 0]

And I don't know if this needed clarifying or not, but since he works in the Gulf of Mexico, that is considered working in the USA. So when he visits me and goes back to work he is in the USA the whole time. It only changes when he chooses to visit family in Norway.

[Darnell 8,478]

I would be wary of that, as it seems (from what you wrote) that when he comes off the boat at a dock in the USA, he has to go through some immigration stuff.

If it wasn't an entry to the USA, there would not be any immigration stuff,

hence 'the border' isn't what you think it is..

I could, of course, be wrong.