Want to get my Danish girlfriend into the US, completely lost

[americanboy 3]

First of all, I'm sorry if this is the wrong subforum. This is my first attempt to figure anything out, and there's an overwhelming pile of Visa Spaghetti on my screen right now.

I -- a US citizen -- am in a roughly 1.5-year long distance relationship with a Dane. I've made several trips there, stayed for up to a month. She's made several trips here, staying for up to three months. At this point, I think it's probably time to figure out how to get her into the US permanently.

Reading over the comparison (http://www.visajourney.com/content/compare) it sounds like the fastest and cheapest way to do this is with an IR-1/CR-1 via the "direct consular filing" method. I'll be in Denmark later this year, so I could conceivably stop by the consulate in person... however, I'm not a Danish resident myself, so this might not work.

Spoke with a lawyer and he suggested some kind of "get spontaneously married, then ask forgiveness afterward" approach, since it would result in her staying here in the US with me while paperwork is resolved. That sounds fishy to me, but I like that it's fast. Unfortunately he wants to be paid several thousand dollars for his help in navigating said paperwork. Ouch.

I really have no clue where to start. I'm going to do more reading on this site, so please tell me if I'm wasting everyone's time, but I hoped to just throw a question out there. Is DCF an option? Is it the best option?

[Transborderwife 4,666]

DCF isn't an option for you and what your lawyer suggests is fraudulent. A k1 would be your best bet. 8months to a year timeline

[americanboy 3]

what your lawyer suggests is fraudulent.

Well, that sure puts a damper on that plan.

[Meg&Andrew 297]

Your fiancé can not come to the US with immigration intent. As stated that is fraud. K-1 is the fastest route compared to the CR-1/IR-1. Your fiancé would have 90 days to come here and you get married, then file for AOS. Right now you're looking at 6 months to a year for a k1. You are already qualified as you've met within the at year, and if you do your homework and follow the guides on here you can do the k1 without a lawyer and save a lot of money.

[derppis 1]

Several thousand dollars to fill out very simple forms. Ouch.

IMO, only reason ever to use an immigration lawyer (and even then, only a very experienced one!) is in case you need waivers for misrep/CIMT.

[mindthegap 2,590]

DCF requires that you have been living together in the foreign country with your spouse, so at the present time that is out for you.

Realistically, you have two options :

1) Get married (can be anywhere), you move to Denmark and live together, then file DCF there and then move to the US.

2) Go through the K-1 visa process which you can do as you have met in person. She can still visit under the VWP while this is being processed, but can probably except extra scrutiny at her POE.

Both of the above will ultimately cost you several thousand dollars in filing fees, but can generally be done without an attorney. You also need to be aware the I-864 requirements re: income as the sponsor, which will apply to both of these methods, but may mean the K-1 is the only realistic option for you - giving up your work to move to Denmark may make meeting the I-864 threshold difficult!

What the attorney is suggesting is that she comes to the US on the VWP, stays for three months, during which time you get married, and then she adjusts status to LPR from within the US as a spouse of a US citizen.

If someone overstays, or somehow spontaneously decides to marry while in the US and then adjust on the basis of marriage, it is viewed very differently than planning to do so upfront. It is all to do with the visitors intent at the time of entry under the VWP.

It can be done, but is definitely not guaranteed, and it is the intent in advance to do this in your case makes it fraudulent.

If you really want to roll the dice and take your chances, that is up to you, but for an attorney to be suggesting something that is fraudulent....well, I leave you to draw your own conclusions as to their standards.

Edited July 18, 2016 by mindthegap

[JFH 12,190]

DCF is not even an option in Denmark even if the OP were to move there. Not every country offers DCF. Denmark does not even have its own US consulate. Danish visa applicants have to go to Sweden to interview.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.

[americanboy 3]

Thanks for all the replies. I guess the best way here is just the LONG way after all. Now to begin the K-1 research.

[Transborderwife 4,666]

DCF is not even an option in Denmark even if the OP were to move there. Not every country offers DCF. Denmark does not even have its own US consulate. Danish visa applicants have to go to Sweden to interview.

http://www.usaimmigrationattorney.com/DCFandnoDCFcountries.html

This says different, but perhaps it's out of date.

[Ryan H 3,812]

http://www.usaimmigrationattorney.com/DCFandnoDCFcountries.html

This says different, but perhaps it's out of date.

It's out of date, it says "current to 2007" at the very top of the page.

[Transborderwife 4,666]

It's out of date, it says "current to 2007" at the very top of the page.

Good to know

[Scandi 4,166]

Just a "warning", the K-1 might not be faster than the CR-1 at all. It most likely won't be for us. Had we known it'd take this long we would definitely have went for the CR-1 instead, that would've saved us some money, we would've been done with the AOS part when I enter the US and the process would've been just as fast.

I totally regret the K-1 but at this point it has gone so far so we can't really change our minds.

[Cathi 5,755]

DCF requires that you have been living together in the foreign country with your spouse, so at the present time that is out for you.

Realistically, you have two options :

1) Get married (can be anywhere), you move to Denmark and live together, then file DCF there and then move to the US.

2) Go through the K-1 visa process which you can do as you have met in person. She can still visit under the VWP while this is being processed, but can probably except extra scrutiny at her POE.

Both of the above will ultimately cost you several thousand dollars in filing fees, but can generally be done without an attorney. You also need to be aware the I-864 requirements re: income as the sponsor, which will apply to both of these methods, but may mean the K-1 is the only realistic option for you - giving up your work to move to Denmark may make meeting the I-864 threshold difficult!

What the attorney is suggesting is that she comes to the US on the VWP, stays for three months, during which time you get married, and then she adjusts status to LPR from within the US as a spouse of a US citizen.

If someone overstays, or somehow spontaneously decides to marry while in the US and then adjust on the basis of marriage, it is viewed very differently than planning to do so upfront. It is all to do with the visitors intent at the time of entry under the VWP.

It can be done, but is definitely not guaranteed, and it is the intent in advance to do this in your case makes it fraudulent.

If you really want to roll the dice and take your chances, that is up to you, but for an attorney to be suggesting something that is fraudulent....well, I leave you to draw your own conclusions as to their standards.

No, it CANNOT be done. Entering the US with the VWP or with a tourist visa with the intent to marry, stay and adjust status is immigration fraud. Period.

[A'n'L 735]

Good luck! Come join us in the Scandinavian regional forum if you like :-)