Lasse n Kristina

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.

Jeez .. this is really getting to me... why is anyone marrying someone they haven't gotten to know???? I just don't understand. Maybe I'm on the completely wrong forum or something.

All good thoughts but as I've bolded above, although my wife had no chance of visiting the US during the visa process, I was not prevented from visiting her, and preferred to go through the process as husband and wife, than otherwise.

I agree completely... I would much rather go through this as husband and wife.

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.

Thanks for the info. MAybe Im in a different boat than most here? I know my spouse very well. I don't need the time to get to know him.

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.

I'm not looking for loopholes. I'm trying to understand the best way to do things.. ie; marry first or apply first.

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.

Again, if I needed the time to get to know him this might apply.

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.

He's got a job lined up once he has his papers. A job he is thrilled about. And we have the money to get him here.

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.

Hmmmmm .. again... I guess I am in a different boat then than most here then.

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

Bingo

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

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.

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.

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?

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.

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.

This is what I've found out so far regarding dual nationality for myself:

GUIDELINES ON THE PRINCESS RULE

Children born in wedlock to a Danish mother and a foreign father during the period 1 January 1961 to 31 December 1978 did not obtain Danish nationality by birth. (I was born in 1967)

As an alternative, Danish mothers were offered to make a declaration by which their child obtained Danish nationality, cf. s. 2(2) of Law No. 117 of 19 March 1978. (unfortunately my Mom did not do this)

Children born in this period whose mother did not make a declaration to this affect may apply for Danish nationality by naturalisation according to the Princess Rule.

It is a condition that the general requirements for obtaining Danish nationality by naturalisation are fulfilled. This means that an applicant who has been convicted of an offence cannot be naturalised until after a certain period of time, and that the applicant may not have debts to the Danish authorities.

In addition, the applicant must be able to, without using other languages, and with a natural accent, unhindered take part in an ordinary conversation in Danish. It is not a condition that the applicant must read or write in Danish.

Further, it is a condition that the applicant has been staying in Denmark under circumstances indicating some association with the country. In general, one year's stay in total before the age of 22 is required. (I lived and went to school in Denmark in my teens though it was for under 1 years time)

I was also told by the woman at the Danish Embassy that I would have to prove strong ties to Denmark. I imagine having a husband there and other family will be sufficient.

So, this is all really good news. Now we just have to figure out the whole process of getting him here and legal to work as that is our main concern at the moment.

Thanks for all the help and advice!

You you first apply for a K-3 visa for him to enter the country. Then you apply for Adjustment of Status which when granted will make him a permanent resident. After 3 years of residing in the US as a permanent resident he will have the option of Naturalization. If he wants to become a permanent resident as soon as he enters, then he needs to enter on a CR-1/IR-1 visa, It takes a little bit more time to process than a K-3.

If you have danish birth certificate, its possible, you may already have citizenship depending on the laws of Denmark. If you want to know for sure contact the embassy or a consulate of Denmark here in the US to see if you are considered a Danish citizen. If thats the case, you could get your danish passport and move there now if you wanted.

Thank you, I will contact the Embassy tomorrow. I would be thrilled to learn I already have itizenship in DK though I highly doubt that can be possible. It's just really bizarre that I have two Birth Certificates (I checked and both have my parents names on them so I'm not adopted )

My fiancee does not need to become a US citizen. He only needs to be able to live and work here. So the best thing then would be for him to become a permanent resident and to do that we still file the K3?

Hi,

I posted a question yesterday about filing a K3 when my fianee and I are married next month. But today I was talking with a friend who says she is a "permanent resident" or "resident alien" and now I'm even more confused.

My question is : My fiancee does not want to lose his Danish citizenship. What process should we follow so this is possible? Can he and I both be dual citizens?

Depends on the laws of Denmark. US recognizes dual citizenship, but other countries may not. But your fiance can remain in the US as a permanent resident, if getting US citizenship requires him to loose his danish citizenship.

For you, unless you move to Denmark, its unlikely you will have danish citizenship conveyed onto you. But again that depends on the country's laws.

Thank you. We are planning to live in Denmark eventually (when my teen daughter is older and on her own). My Mother was a Danish citizen and I have a US and a Danish Birth Certificate for some reason even though I was born in the US. My Mom is deceased so I cannot ask how or why I have both.

I guess my main question is: do we still apply for the K3 or is it another process for him to become a resident alien?

Hi,

I posted a question yesterday about filing a K3 when my fianee and I are married next month. But today I was talking with a friend who says she is a "permanent resident" or "resident alien" and now I'm even more confused.

My question is : My fiancee does not want to lose his Danish citizenship. What process should we follow so this is possible? Can he and I both be dual citizens?

Hi all ... I am brand new here and to this whole visa process. I've been reading the guides and FAQ's extensively.

I'm engaged to a man from Denmark. We're planning on being married there at the end of this month. After that, when I arrive home I'm planning on starting the K3 process.

I just read this on the Affidavit of Support page and now I'm really worried.

" Just having a co-sponsor may not be sufficient. An actual case has been documented wherein a fiance visa was denied because the petitioning fiance was on government benefits and would not be working, even though the US fiance had two co-sponsors."

I have been on Disability for the past 5 years due to an ongoing illness. I also receive Food Stamps but am not on Public Assistance. I do own my own home but I do not have enough income to be the sole sponsor of my fiancee.

What should we do? We're considering having as many co sponsors as we possibly can. At the moment we have 2 friends who are willing to be co sponsors. But after reading the above, I'm really nervous that it won't be enough.

What happens then, if we are denied? My husband won't be able to be here with me????