US permanent resident to marry EU citizen

[Gosha.Bee 1]

Also, check into processing times for fiance/IR1-CR1 visas when the petitioner is a LPR versus USC. For citizens it lasts much less than LPR's.

So I totally agree with mrsfrisbey - try and get her naturalized first before you plan the rest.

I'm afraid with any scenario you choose, you should be prepared for a year or more of wait time before you can be together in one place for good. So I'd suggest gathering as much info as you can and start your process asap.

Good luck on your journey. Life can be very surprising sometimes. Throws us in all kinds of weird places and has us fall in love with people across the globe, like a nearby town is just not enough ;-)

[US-DK 2]

Thank you.

I guess the biggest question is what to do, and in what order. It seems like getting her a US Citizenship is the most important thing. But when that happens, then what do we do? Or should we see if we can get married in Europe instead, after she gets her US Citizenship of course?

[Póg mo 1,749]

She currently has a Korean Citizenship, but has never been there since she was a baby and got adopted into the US. Unfortunately Denmark doesn't allow dual citizenship, but I think it should work with her having a US and me a Danish, and both of us permit to live in the other country. But she has no problem giving her Korean citizenship up for a US one. It's just the money it costs to apply that's holding us back on that.

Korea doesn't allow dual citizenship either, so she'll probably need to renounce it before she applies for US citizenship!

[cookieandcream 10]

I would not renounce it before applying unless it's stated otherwisea, I would renounce the day I get my other citizenship otherwise you are pretty much statelessness.

So:

- 1 citizenship

- you get married

One question: she wasn't adopted by US citizen right?

[Aztec&Taino 144]

Hi. I'm a man (early 30's) from Denmark/Europe, who has fallen head over heals in love with a woman (late 20's) from Los Angeles who's a permanent resident. We have been together for about a year now whenever I have been able to travel to LA to see her. So far 4 times, and now I'm starting to get warnings when entering the country (which is understandable enough). We are getting her passport (Korean) renewed very soon, so she can come to Denmark and visit me, but what we would like even more, was a way for us to be together more than 3 months at the time. Marriage... we have talked about it, and this is something that we both really want, so that seems to be the next step. I'm not sure what is best though... getting married in Denmark, or in the US. We don't want her to loose her permanent residence status, so we're also trying to get the money for her to apply for her US Citizenship. She has been in the US since she was adopted as a baby, but her parents never applied for her citizenship, and they didn't tell her she wasn't a citizen until after she had already turned 18 (long and sad story). Anyway... can anyone please help us figure out which would be the best way for us to be together?

These are our options as I see them:

1. Get married in the US. I keep my Danish citizenship, we get her an US citizenship, and I become a permanent resident in the US?

2. We get married in Europe (Denmark is hard, but Sweden/Germany should be easier). We get her a US Citizenship, or maybe a Danish one? Still... we don't want her to loose her US Permanent Resident status, and that seems to be likely to happen if she spends to much time away from the US.

PS. We don't really care if we have to live in one place or the other for a while, we just want to be together. We do however care about her not loosing her Permanent Resident status, and I don't want to loose my Danish citizenship (which shouldn't be a problem).

The best route would be for her to apply for American citizenship and become naturalized. Is her permanent resident card still valid? If it is, and she has been a permanent resident for most of her life, all she needs to do is complete the form, pay the fee, and wait around 6 months for her naturalization interview. This is the best route because if she were to leave the US for more than 6 months her "continuous residence" in the US would be forfeited and would perhaps even be considered as though she abandoned her residency. In other words, much more difficult to fix later... Tell her to file tomorrow (or ASAP) and, in the meanwhile, continue your contact and visits. Once she becomes a US citizen she can file for a K1 and bring you to the US to get married, get married to you and file for the CR1, or choose to leave the US and go to Denmark or elsewhere in the EU, but with the possibility of returning to the US because she would be an American citizen.

Best wishes!

[US-DK 2]

I would not renounce it before applying unless it's stated otherwisea, I would renounce the day I get my other citizenship otherwise you are pretty much statelessness.

So:

- 1 citizenship

- you get married

One question: she wasn't adopted by US citizen right?

Yeah her adoptive parents are American citizens.

[US-DK 2]

The best route would be for her to apply for American citizenship and become naturalized. Is her permanent resident card still valid? If it is, and she has been a permanent resident for most of her life, all she needs to do is complete the form, pay the fee, and wait around 6 months for her naturalization interview. This is the best route because if she were to leave the US for more than 6 months her "continuous residence" in the US would be forfeited and would perhaps even be considered as though she abandoned her residency. In other words, much more difficult to fix later... Tell her to file tomorrow (or ASAP) and, in the meanwhile, continue your contact and visits. Once she becomes a US citizen she can file for a K1 and bring you to the US to get married, get married to you and file for the CR1, or choose to leave the US and go to Denmark or elsewhere in the EU, but with the possibility of returning to the US because she would be an American citizen.

Best wishes!

Thank you And yes that seems like the best way to do it. I'm not sure if I can get into the US again for 3 months anytime soon. I went last year in December, and stayed until the end of February, but when I arrived, the custom agent warned me that the visa is for tourism and that since I keep coming back, and since I that time stayed for 3 months, that isn't considered vacation, and that I can't keep doing that. He still let me in, but he didn't seem happy about it at all. Before that 3 months stay, I had stayed 16 days back in February when we first started dating, then 8 days in May, and then 35 days in July/August. So hopefully we can get her US citizenship thing started soon, then she can come to Denmark for 3 months while that is going on (start June to end August hopefully), and then I guess the big question is if they will let me in so I can stay there for 3 months from around start October to end December? Or maybe we should try with 2 months instead. I would love to be able to be with her when she gets her US Citizenship.

[Aztec&Taino 144]

Thank you And yes that seems like the best way to do it. I'm not sure if I can get into the US again for 3 months anytime soon. I went last year in December, and stayed until the end of February, but when I arrived, the custom agent warned me that the visa is for tourism and that since I keep coming back, and since I that time stayed for 3 months, that isn't considered vacation, and that I can't keep doing that. He still let me in, but he didn't seem happy about it at all. Before that 3 months stay, I had stayed 16 days back in February when we first started dating, then 8 days in May, and then 35 days in July/August. So hopefully we can get her US citizenship thing started soon, then she can come to Denmark for 3 months while that is going on (start June to end August hopefully), and then I guess the big question is if they will let me in so I can stay there for 3 months from around start October to end December? Or maybe we should try with 2 months instead. I would love to be able to be with her when she gets her US Citizenship.

Whether they let you in the US will be up to the particular customs/border agent. Something that you can do to ease your entry would be to bring with you proof of ties to Denmark such as a letter of employment, copy of rent or mortgage agreement, bank letters, etc. In essence, proof that would show that you would not be likely to stay in the US because of strong ties (job and financial) to your country. The most important thing would be to "get the ball rolling" as far as your fiancee's naturalization, so the sooner she can send the form, the sooner she will be naturalized.

[EAI 0]

This is the same situation my fiancee and I was in. When I proposed to her, she was still a permanent resident. She applied for citizenship, then for the K-1 visa for me. We are now after NOA2, waiting for the consular part. This whole process can be finished in about 9-10 months.

While in the naturalization process, it is not recommended for her to leave the US, but after that she can visit you whenever she wants to. And you can still visit her anytime.

Good luck!

[US-DK 2]

Whether they let you in the US will be up to the particular customs/border agent. Something that you can do to ease your entry would be to bring with you proof of ties to Denmark such as a letter of employment, copy of rent or mortgage agreement, bank letters, etc. In essence, proof that would show that you would not be likely to stay in the US because of strong ties (job and financial) to your country. The most important thing would be to "get the ball rolling" as far as your fiancee's naturalization, so the sooner she can send the form, the sooner she will be naturalized.

Yeah I think that's the problem with my current situation. I live with my parents so I can save as much money as possible to be with her, and in general I don't really have that much paper, if any, to prove that. But I will definitely work on it. And I should just bring it when I go there again, so I can show it to the customs/border agent?

[US-DK 2]

This is the same situation my fiancee and I was in. When I proposed to her, she was still a permanent resident. She applied for citizenship, then for the K-1 visa for me. We are now after NOA2, waiting for the consular part. This whole process can be finished in about 9-10 months.

While in the naturalization process, it is not recommended for her to leave the US, but after that she can visit you whenever she wants to. And you can still visit her anytime.

Good luck!

Is it not recommended, or is it something that can ruin her chances of getting her citizenship, if she applies for it, and then go to Denmark for 3 months on vacation? I figure we would get someone to check her mail in case she gets an interview while she's in Denmark.

[US-DK 2]

Hi. So we're finally applying for her naturalization. After that the plan is for her to apply for a K-1 visa for me, so we can be together in the US. Is it correct that the estimated processing time for her naturalization is 5-6 months, and after that 5-7 months for the K-1 visa?

While applying for the K-1 visa, as far as I can tell, I can still use the VWP, but can she leave the US after applying for the K-1? So at least then we could be together in Denmark for around 3 months while waiting for the K-1 visa?

[Ryan H 3,893]

While applying for the K-1 visa, as far as I can tell, I can still use the VWP, but can she leave the US after applying for the K-1? So at least then we could be together in Denmark for around 3 months while waiting for the K-1 visa?

Once she is a citizen, she can go abroad for as long as she wants.

[US-DK 2]

Once she is a citizen, she can go abroad for as long as she wants.

Even while waiting for the K-1? She doesn't need to be in the country for anything after she sends the application?

[Penguin_ie 6,000]

Even while waiting for the K-1? She doesn't need to be in the country for anything after she sends the application?

She doesn't need to be in the country, but she should have someone check her mail in case there is an RFE (request for evidence) or something. Also, if she stays abroad with you, you will probably need a co-sponsor. Also, your timeline estimate on the K1 visa is a bit optimistic; while 6 months is possible, 8-10 months is more common.

Since you decided to go the K1 (fiance visa) route, I recommend you ask further questions in a new thread in the K1 forum.

Edited October 16, 2011 by Penguin_ie