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AdamPolston

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Posts posted by AdamPolston

  1. Hello all.  I have a very complicated and special situation that I need some help with. My wife and I have already started the process for the CR-1 visa. But, due to health reasons and financial reasons, we have come to the conclusion that we should also apply for a marriage visa in Norway. This visa would only be temporary and would have no affect on my citizenship or hers. My question is, if we apply for this visa and it does get approved, will it affect my wife getting approved for the CR-1? I've been through a lot of different visa processes, but this one is a little too complicated to figure out. Any help would be appreciated. 

  2. Are you planning on residing there when you get back, at least initially? It isn't a big deal if you aren't, but you'll want some kind of housing arranged for the domicile issue.

    Do you have assets or a co-sponsor lined up yet?

    I would like to have a house/apartment lined up before us moving over here permanently, which I don't think will be too difficult to get figured out. But, seeing that we have a year before moving, I don't feel the need to rent a place or buy a place.

    I plan on using my uncle as a cosponsor, which I used for the K1. If not, I have other people around me who are able to help me out. I'm not sure if any of my assets (insurance money, etc) would be enough.

  3. Yes you can send in the papers for CR-1 visa while she is there. It takes about a year to get so if you also want to live in Norway for a year you have to think about timing also.

    That's what I thought would work perfect. Since it'll take a year to get the visa for her, it would be great to be able to stay in Norway with her while waiting. Of course we would travel back to America as often as possible.

  4. Hello!

    I have a little bit of an unusual situation that I need some advice with. Back in January I proposed to my fiancée from Norway, a month later I sent out the I129F fiancée visa. The day after that my fiancée had a very serious and tragic car accident. Everything was very unsure at that time, but I stuck with the visa process, because after waking from the coma she wanted to continue with our plans. As she progressed, we went ahead and scheduled the interview. We attended the interview, and they told us they wanted just a few more papers from us before they approved it.

    In the mean time, after discussions with her parents and from doctor's advice, we realized she needed some more rehabilitation in Norway, and seeing that it's free in Norway, it was best to stay there another year for her benefit. So, we went ahead and withdrew the K1 after doing weeks of research if there was any way for us to keep the visa, yet still get married. It turns out there was no way possible.

    This past month she traveled to America and we got married. We're currently still in America and are wanting to fill out the CR-1 now. My question is, can I send in the petition while we are still here, or do we need to wait until we get back to Norway? We have no intention of doing any of this illegally. Also, I applied for a visa to stay in Norway for a year (which I'm fairly sure that I'll get), will this affect her and I from getting the CR-1 approved? I know this is a very unusual and difficult situation for people to understand or help with, but anybody's help would be very much appreciated!

  5. Hello! I'm wondering if it is possible for me to do the Direct Consular Filing through the Swedish Consulate. I've emailed and called numerous different places and no one has an answer to whether I can. Although I was told that since she is from Norway that the Swedish Consulate is who has control, not the Norwegian. I am waiting to get a visa approved to have a work visa in Norway for a year, so I'm hoping that covers the 6 month minimum residence requirement. If anyone can help, it would be very much appreciated. Thanks!

  6. Hello! My fiancée is having her Embassy Interview in Sweden in August. While I have the copies of all of the papers we sent in, I do not have copies of the exact pictures we sent in. Will this be a problem? Of course, we have the pictures on our phones but we cannot remember exactly which pictures we sent in and in what order. I just want to be 100% sure we have everything in complete order. Thanks!

  7. You should be fine. There's never any guarantee of being allowed into any country unless you're a citizen of that country, just like condoms do not guarantee unwanted pregnancy. They just state "you should be fine."

    I really don't hear of a lot of Americans turned away. I have one friend who frequently visits the Netherlands for long period of time, twice a year. Last time he entered, the Dutch border agent who stamped his passport jokingly said "Why don't you just move here?" to which my friend answered "Give me a visa to do so and I'll move tomorrow." Passport stamped, "welcome to the Netherlands", 75 day trip, no problem.

    "I have a friend..." is not really empirical evidence of anything. Bottom line though is that while U.S. CBP and Canadian CBSA tend to assume you're an intending immigrant until satisfied otherwise, European border agents tend to assume you're just a tourist until they have reason to suspect otherwise. While CBP can turn travelers away on somewhat substantiated "hunch", European border agents generally turn you away only with substantial evidence. For example if you entered Oslo Airport with all of your life belongings and 15 copies of your resume printed in Norwegian.

    So to answer your question - If you went for 90 days in December, you would have left in March. If you return in July, you should be fine.

    Thank you so much! That's what I was needing to hear. To help understand what the deal is, I first traveled to see her in December for 3 weeks. Where we got engaged, exactly a month later she had an awful car wreck and I flew straight there and stayed for nearly 2 months. Now I'm planning to go back for the remainder of my 90 days period. So I don't want to have to worry about not being able to go back in July, which is when I hope to be able to bring her back to America with me and start our life!

  8. The only reciprocity is the 90 day visa-free travel. How each country implements this is different. Norway is part of the Schengen area - A shared European external border, kind of how i.e. Kentucky and Texas share the same external U.S. border, Norway and i.e. Italy share the same external Schengen border.

    In the U.S., the law states you're allowed to visit for 90 as a tourist.

    In the Schengen area, the law states you're allowed to visit for 90 days as a tourist within a 180 day period.

    In other words,

    If you visit the U.S. for 90 days, go home, and return a week later for another 90 days, it is up to the CBP officer at the border to determine whether your new 90 days are still for tourism.

    If you visit the Schengen area for 90 days, go home, and return a week later for another 90 days, you're already maxed out within that 180 day period.

    http://www.latimes.com/travel/deals/la-tr-spot-20150329-story.html

    Plain and simple, if you visit the Schengen area for 90 days as a tourist, you'll have to wait 90 days before you can return as a tourist.

    I think I'm finally fully understanding the deal. Like I said my 180 day period started December 30th. Therefore, 180 days from then is June 27th. Within that period I can travel up to 90 days without a visa. So after June 27th, a new 180 day period starts wherein I'm allowed another 90 days visa free. This is all me traveling to the Schengen zone. Correct me if I'm wrong in my thinking.

    The reason I'm concerned is, I have a ticket confirmed and bought for July 18th and I want to make sure that I have no chance of being denied for going over my 90 day period. But since my first trip was December, I should be okay to travel then.

  9. Yes, only 90 days in the previous 180.

    There is a fine for slight overstays but no bar from my recollection. I think slightly longer overstays (like months) result in a multi-year ban.

    Okay, thank you very much. So I can go for the remaining days, come back home until, let's say Mid July, and have no problems with being denied. I plan on being able to bring my fiancée back home with me late August, if all goes well.

  10. It is 90 days in any 180 period, if you went tomorrow the cumulative total of your last 180 days in any Schengen country better be less than 90. Make sense?

    For today, that day would be November 30th, 2015.

    It is best not to push your limit all the time though and just get a visa if you need one because if you have trouble with one Schengen country with this issue, you will not be allowed to travel to the other ones without issue either.

    dl_schengen-map_en-1.gif

    Best not to #### it up.

    Okay, I'm just going to use myself again to get this completely right. I arrived on December 30, 2015. Therefore, 180 days from December 30th is June 27th. Then I am able to travel less than 90 days in this period? I'm not trying to be difficult, just get a complete understanding of the rules.

  11. I'm hoping someone can help me understand the 90/180 visa free deal. I'll use myself for an example. I first traveled to Norway on December 30, 2015. Therefore, a new 180 day period will begin in June. Is this right? Or does it mean, I must first use up my 90 days, and then wait a while? I've been reading and reading and can't find a complete answer.

  12. Visa Waiver Program is for going to the US. CBP works in the US. Norway just has an agreement with countries such as the US to come visit without a visa for 90 days. It is not a Visa Waiver Program. That's why I got confused because you said travel to Norway but then you mentioned CBP and VWP.

    I don't see why you would have any issues if you have 14 days left. Rules just say:

    • You can stay in Norway and the rest of the Schengen area for up to 90 days during a period of 180 days.
    • You can divide the 90 days over several visits and travel freely in and out of Norway.

    Ah, okay, I understand. I'm trying to grasp all of the rules and regulations that are associated with immigration. I was under the impression that all countries under the VWP followed the same rules and such. But, it appears it's just the US. I just don't want to get turned around when I arrive in Norway because they find it suspicious that I've traveled so much within this year.

  13. What do you mean you only have 14 days left? You're allowed to be in the US for 90 days each visit. Just make sure you spend more time outside the US than in the US.

    Sorry I didn't clarify well. What I mean is that I'm from the U.S, she's from Norway. I'm traveling to Norway to visit her. When I say I have 14 days left, I mean out of the 90 days allowed under the Visa Waiver Program, I've spent 76 of them in Norway. So, what I'm askng is if I will encounter any problems with the CBP when entering Norway again.

  14. Hello! I just have a quick question. My fiancee and I have filed for the I129F visa, and are waiting to schedule the interview. While we're waiting I've decided to travel to see her. I've traveled twice to Norway since December, and I only have 14 days left under the Visa Waiver Program. Since I've traveled so much and have only 14 days lefts (I have a return trip that equals 13 days), will I run into any problems with CBP or anything of the like? Thank you for your help!

  15. Hello all, I have a few questions I'm hoping to get answered! My fiancée and I are quite a ways through the visa process, waiting on her to receive Packet 3 I believe. And we are wanting to have a celebration for her family in Norway, not a wedding, but engagement. Basically to get all her family together for one last hurrah before she is to leave for America. Will this cause any problems at all with the visa process? There will be no rings, or wedding vows.

    Also, for the Affidavit of Support, I've searched a lot on this site for an answer but have had no luck. What is considered a public charge? And since I will be having a cosponsor, if by some bad chance she were to become a public charge, is the cosponsor responsible or will I be responsible? Another question regarding the Affidavit is if my cosponsor and their wife have a joint bank account and joint taxes, do I need them both to fill the paper out, or just one of them? I'm sorry for so many questions, but I really want to do what is right, so I will have no issues with her immigration. Thank you!

  16. Hello, I'm posting here regarding some concerns I have in which I haven't been able to find an answer to. Just as a little backstory, my fiancée (from norway) and I were engaged in January. The following month, she was in a very serious car accident, resulting in surgery to remove part of her skull. Although it was very bad at the time, things have progressed tremendously and she is on her road to recovery, and our wedding plans are still intact, thankfully. We just received the NOA2 approval and I'm concerned that she will not be able to fly to Sweden for her interview or for the medical. Is there a way to delay the process a little bit? Also, I was wondering if due to the accident and the surgery that was involved, will that create a problem with her immigration? We don't expect there to be any limitations during her recovery and expect her to be completely and totally back to normal life. Any answers will be appreciated!

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