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

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Filed: Timeline

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?

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Filed: AOS (apr) Country: Saudi Arabia
Timeline

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.

<3  Our K-1 Visa Journey <3

I-129f sent -- 2-18-2016        

NOA1 -- 2-24-2016

NOA2 -- 05-02-2016

NVC received -- 05-13-2016

NVC left -- 05-18-2016

Embassy received -- 5-22-2016

Interview Date -- 8-31-2016

Interview Result -- APPROVED!!!

AP -- (09-07-2016)

Visa Issued -- 9-08-2016

US Entry -- 09-24-2016

<3 MARRIAGE -- 10-21-2016 <3

AOS, EAD, AND AP Filed 01-05-2017

NOA1 -- 01-19-2017

Biometrics -- 02-06-2017

EAD and AP approved -- 05-19-2017

AOS approved -- 08-24-2017

Received card -- 09-01-2017

❤ Baby boy is here!! December 26th 2017 ❤

 

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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 by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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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.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: Lift. Cond. (apr) Country: China
Timeline

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

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: Other Country: Canada
Timeline

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.

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Filed: Lift. Cond. (apr) Country: China
Timeline

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.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: K-1 Visa Country: Sweden
Timeline

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.

K-1: 12-22-2015 - 09-07-2016

AP: 12-20-2016 - 04-07-2017

EAD: 01-18-2017 - 05-30-2017

AOS: 12-20-2016 - 07-26-2017

ROC: 04-22-2019 - 04-22-2020
Naturalization: 05-01-2020 - 03-16-2021

U.S. passport: 03-30-2021 - 05-08-2021

En livstid i krig. Göteborg killed it. Epic:
https://www.youtube.com/watch?v=WBs3G1PvyfM&ab_channel=Sabaton

 

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Filed: Citizen (apr) Country: Jordan
Timeline

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.


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Filed: AOS (apr) Country: Norway
Timeline

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

If it isn't difficult, it isn't worth it.

 

K1 process

9/24/15: I129f sent

9/30/15: NOA1

11/2/15: NOA2

Delayed processing due to work

3/15/16: Medical

4/28/16: Interview (approved)

Delayed entry due to work

8/12/16: POE Detroit

 

9/4/16: Wedding!

 

AOS process:

9/9/16: I485/I131/I765 sent

9/14/16: Received 3xNOAs by text/e-mail (day 2)

9/14-18/16: Received 3xpaper NOAs 

9/23/16: Received biometrics appointment letter (day 11)

10/3/16: Biometrics appointment (day 19)

11/4/16: EAD+AP approved (day 53)

11/16/16: EAD status changed to card shipped (day 65)

11/17/16: EAD/AP combo card received (day 66)

12/30/16: Notice of interview scheduled (day 109)

2/1/17: AOS interview (day 142) - APPROVED

2/8/17: GC received (day 150)

 

ROC process:

11/3/2018: ROC window opens

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