So confused ... Help please.

[Lasse n Kristina 0]

My fiancee is a Danish citizen and I am a US citizen.

We are trying to figure out the best and fastest way to get him here and able to work.

I've been reading so much and just get more and more confused.

I am going there on October 8th and we were planning on being married.

But, now I've read about marrying outside the US "The process is roughly the same except that the foreign-born spouse usually must remain in his or her country until he or she obtains a green card." Is this true? Would my husband not be able to come here until he has a green card? Couldn't he come in as a tourist?

Then I read about fiancee visa's "At the port of entry, the alien fiance(e) will receive a stamp in his or her passport giving temporary permission to work pending marriage to the U.S. citizen." So if he comes in as my fiancee will he be able to work more quickly?

Basically I need to know which is better? Getting married quickly or bringing him here as my fiancee? Also does it matter whether we marry here in the US or in Denmark? Are there advantages either way?

Thanks so much for any info.

Edited September 30, 2007 by Lasse n Kristina

[raymaga 25]

The best thing you could probably do right now is to read the "Guides" section (at the top of the VJ page) and get all the information you can about the K-1 (Fiance Visa) or K-3 (Spousal Visa) or the CR-1 or IR-1 visas.

Everyone makes their decisions about where and when to get married, and everyone is individual in their needs, etc.

There are different ways to obtain the GC. With the K-1 Visa (Fiance Visa), you apply for the GC (which is called Adjustment of Status) after the foreign fiance arrives in the U.S. with their visa, you get married within 90 days, and then submit the AOS paperwork. After approval, the GC is received.

With the CR-1 or IR-1 visas, I believe the GC is approved before moving to the U.S.

You cannot make an informed decision about what route would work best for you and your fiance until you have all the facts, so you need to read the FAQ's and Guides sections first.

Good luck with your research and we look forward to hearing from you with either specific questions, or comments in the future.

[Lasse n Kristina 0]

The best thing you could probably do right now is to read the "Guides" section (at the top of the VJ page) and get all the information you can about the K-1 (Fiance Visa) or K-3 (Spousal Visa) or the CR-1 or IR-1 visas.

Everyone makes their decisions about where and when to get married, and everyone is individual in their needs, etc.

There are different ways to obtain the GC. With the K-1 Visa (Fiance Visa), you apply for the GC (which is called Adjustment of Status) after the foreign fiance arrives in the U.S. with their visa, you get married within 90 days, and then submit the AOS paperwork. After approval, the GC is received.

With the CR-1 or IR-1 visas, I believe the GC is approved before moving to the U.S.

You cannot make an informed decision about what route would work best for you and your fiance until you have all the facts, so you need to read the FAQ's and Guides sections first.

Good luck with your research and we look forward to hearing from you with either specific questions, or comments in the future.

Thank you ... but I have read the guides extensively and have been reading on other sites too. That may be part of my problem ... just an overload of information.

Reading on another site I found that he would be able to work here immediately with a temporary work permit if he came over on a fiancee visa. So Im wondering if it is better not to marry as it seems to take longer with a marriage visa.

[JohnWendy 0]

My fiancee is a Danish citizen and I am a US citizen.

.....But, now I've read about marrying outside the US "The process is roughly the same except that the foreign-born spouse usually must remain in his or her country until he or she obtains a green card." Is this true? Would my husband not be able to come here until he has a green card? Couldn't he come in as a tourist?

Then I read about fiancee visa's "At the port of entry, the alien fiance(e) will receive a stamp in his or her passport giving temporary permission to work pending marriage to the U.S. citizen." So if he comes in as my fiancee will he be able to work more quickly?

Basically I need to know which is better? Getting married quickly or bringing him here as my fiancee? Also does it matter whether we marry here in the US or in Denmark? Are there advantages either way?

Thanks so much for any info.

Lets get the basic terminology first

K1 fiance(e) visa A K-1 visa is valid for six months for a single entry into the U.S. The parties must marry and report their marriage to USCIS within three months after entering the U.S. The Beneficiary gains conditional legal resident status (CR-1) in the U.S. upon USCIS approval. If a beneficiary leaves the U.S. without having gained CR-1 status, the Beneficiary must re-qualify for a new immigrant visa. Employment EAD is ussually ninety days after the entering the US

K3 spouse visa Spouses of U.S. citizens can come to the United States and wait in the United States to complete the immigration process. This type of visa is intended to help minimize the period of family separation while the immigrant visa is being processed. The K-3/K-4 visa is valid for 24 months after the date of issuance, and is good for multiple entries to the United States. Employment EAD is ussually upon entering the US

CR1/IR-1 – Spouse of a U.S. Citizen - Spouses of U.S. citizens will wait in their Country until completion of the immigration process. Once all is complete they will receive an CR1 visa (unless 24 months have elapsed since marriage, then they would recive an IR1) This process save 1010 USD

Right now it seems a K1 and K3 is taking about 4 to 5 months to procees thru step 1, 4 to 6 weeks for step 2, and step 3 depends on the Embassy

[Dakine 26]

The best thing you could probably do right now is to read the "Guides" section (at the top of the VJ page) and get all the information you can about the K-1 (Fiance Visa) or K-3 (Spousal Visa) or the CR-1 or IR-1 visas.

Everyone makes their decisions about where and when to get married, and everyone is individual in their needs, etc.

There are different ways to obtain the GC. With the K-1 Visa (Fiance Visa), you apply for the GC (which is called Adjustment of Status) after the foreign fiance arrives in the U.S. with their visa, you get married within 90 days, and then submit the AOS paperwork. After approval, the GC is received.

With the CR-1 or IR-1 visas, I believe the GC is approved before moving to the U.S.

You cannot make an informed decision about what route would work best for you and your fiance until you have all the facts, so you need to read the FAQ's and Guides sections first.

Good luck with your research and we look forward to hearing from you with either specific questions, or comments in the future.

Thank you ... but I have read the guides extensively and have been reading on other sites too. That may be part of my problem ... just an overload of information.

Reading on another site I found that he would be able to work here immediately with a temporary work permit if he came over on a fiancee visa. So Im wondering if it is better not to marry as it seems to take longer with a marriage visa.

Believe it or not the fastest way "guaranteeing" for to be able to work is with a CR-1 Visa.

They normally take longer but he will get the GC and SS card in the mail shortly after arrival in the US.

K3s can't get SS card until after they get GC or an EAD. No guarens on how long that will take to get or IF he will either at all.

Some peeps have been waiting for over a year for GCs!

CR-1 process normally takes a bit longer but is WAY cheaper and way better than a K3.

We did the K3/K4 and wished we hadn't now. AOS was hell and EXPENSIVE for us.

We thought it was all downhill after going thru 10 months of hell for the K3/K4 embassy interview.

Wrong! Started at the bottom and crawled up a BIGGER hill.

K1 isn't much different as both have to do AOS. They can work for up to 90days but still have to get GC to work permanently!

Edited September 30, 2007 by beckypua

[Reba 2]

If the need is to have him able to work immediately upon arrival, and to be able to *keep* a job for any length of time, then the CR1 is probably the best bet.

If you were to go for the K1, he'd only be eligible to work for the 90 days after arrival. However, it would be unlikely that he'd be hired for any job without a SSN, so he'd have to apply for that after he gets here, and that can take a few weeks. By the time he gets the SSN and then finds a job, the 90 days temporary work permit is expired, and he's at home being a couch potato for about 3 months until he gets the 1 year EAD.

With the CR1, upon entry to the US one is eligible to work and it usually only takes a couple of weeks for the SSN to be sent to you. Of course you have to be married first before you can start this process, and you'll be living apart for the first year of your marriage, but you'll be apart probably a year while waiting on the K1 as well.

[Lasse n Kristina 0]

Thank you all for this information. Things are becoming a bit more clear.

I hadn't realized we were looking at being apart for a year or more. Is it not possible to travel back and forth to visit each other just as tourists?

[Jasman0717 9]

Definitely look at the guides here on VJ. Good luck

[pushbrk 12,910]

Thank you all for this information. Things are becoming a bit more clear.

I hadn't realized we were looking at being apart for a year or more. Is it not possible to travel back and forth to visit each other just as tourists?

I can't think of a thing that would stop the USC from visiting the foreign fiance(e) or spouse. You can read at least a new thread nearly every day about the foreigner visiting the US during the process. Generally, this is ok too but from some countries it's impossible.

[Lasse n Kristina 0]

Thanks again everyone...

If my fiancee and I marry in Denmark when I go there next week, can he then come here or will they not believe he has intention to leave again?

I've been reading about the Visa Waiver Program which Denmark is a part of. If he came on that and I then applied for a Spousal Visa, does that work?

At this point I'm thinking it would all be much easier if I just went there as I am in the process of getting my Danish Citizenship since I was born to a Danish mother and US father. Only problem with that is I have a 15 year old daughter who is extremely reluctan to move that far away.

[pushbrk 12,910]

Thanks again everyone...

If my fiancee and I marry in Denmark when I go there next week, can he then come here or will they not believe he has intention to leave again?

I've been reading about the Visa Waiver Program which Denmark is a part of. If he came on that and I then applied for a Spousal Visa, does that work?

At this point I'm thinking it would all be much easier if I just went there as I am in the process of getting my Danish Citizenship since I was born to a Danish mother and US father. Only problem with that is I have a 15 year old daughter who is extremely reluctan to move that far away.

If he's coming for a visit and can show ties to Denmark that convince them he'll return, he has a good chance of being allowed to enter. Please read some of those threads about visiting. They are all over the forums, as the most frequently asked question.

It does not work for him to come and stay beyond the VWP allowed length of stay.

[Lasse n Kristina 0]

Thanks again everyone...

If my fiancee and I marry in Denmark when I go there next week, can he then come here or will they not believe he has intention to leave again?

I've been reading about the Visa Waiver Program which Denmark is a part of. If he came on that and I then applied for a Spousal Visa, does that work?

At this point I'm thinking it would all be much easier if I just went there as I am in the process of getting my Danish Citizenship since I was born to a Danish mother and US father. Only problem with that is I have a 15 year old daughter who is extremely reluctan to move that far away.

I think this answers my question?

Can I travel to the United States while my application for an immigrant or fiancé(e) visa is being processed?

If you intend taking up permanent residence in the U.S., you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of an immigrant or fiancé (e) visa. However, if you wish to make a temporary visit at the end of which you will return to your permanent residence outside the United States, you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified.

If applying for a B-2 visa, you are required to furnish evidence of your residence outside the United States to which you intend returning at the end of your temporary stay. Although a pending immigrant or fiancé(e) visa application is not necessarily conclusive evidence of intent to abandon a U.K. residence, it is a factor considered by consular officers reviewing a visa application. If you are unable to convince the consular officer reviewing the application that you do not intend abandoning your residence, you will not be issued a visa.

When traveling to the U.S. either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you for presentation to an immigration inspector evidence of your residence outside the U.S. If the immigration inspector is not convinced that you are a bona fide visitor for pleasure, you will be denied entry into the United States.

But then on another page I read that he could just as easily be turned back at the airport ... argh ... there doesnt seem to be any straight answers.

[pushbrk 12,910]

... argh ... there doesnt seem to be any straight answers.

Bingo

[Lasse n Kristina 0]

... argh ... there doesnt seem to be any straight answers.

Bingo

Yup ... I'm finally getting it ... LOL ... thanks for being patient everyone.

[joelunchbox 0]

... argh ... there doesnt seem to be any straight answers.

Bingo

Yup ... I'm finally getting it ... LOL ... thanks for being patient everyone.

Can I chime in? All of us want our fiances and spouses here ASAP. Having said that--look over the posts and note the ones describing less than blissful conditions. There is a benefit to taking some time to get here. It is called getting to know your spouse and....getting to know yourself.

Do keep in mind that when someone thinks they have found a loophole and attempts to circumvent the process--it causes everyone in the qeue to get messed over, adding time to the process.

My OPINION is: K1 Personally I see no benefit being "married" to someone I can't visit. If over the time it takes to get to know them and apply, we discover that we don't belong together there are no legal aftershocks. This is even more important if children are involved. If you need him to work immediately when he gets here, I suggest saving up some money so he can get here, get acclimated and then go to work where he will be happy.

don't mean to rain on your parade but.......all of us have had this conversation with ourselves and others.

Our one year anniversary will be this month. It started with a three line email, matured into weekly phone calls, morphed into a ten day visit at the six month point and then we decided that we wanted to marry and for her to come here. K1 applied for at the 9 month point. Do I want her here now? Of course. But I don't want to rush it and I don't want to screw the process up for anyone else-so I am taking my lumps like everyone else. Sorry if this comes across as hard or severe but...take a giant step back and look at the whole picture.

Good luck and be sure.