Amythyst

Do you not file your US taxes cause you are a stay at home mom? Perhaps I'm confused about the income requirement, but if you, the USC, does not meet the income requirement then you need to have a joint sponser from the US that does meet it. So, do you have any family in the US or a friend that could joint sponser for you?

I believe the reason you can't use your husband's income is he is the alien... as you are applying for him to come to the US to be with you, you have to prove that you or another person can sponsor/co-sponser him.

Someone correct me if I'm wrong... I'm still learning too!

No, I don't have to be a legal resident. I just have to be here legally. Once we get married and file for family reunification, I will be just that. I have other friends doing this as well.

Thanks for making sure we didn't do something bad... I'm actually surprised the law firms were telling us that too. You would expect if you seek legal advice you would get true and decent counsil. I actually had 3 firms tell me it was ok to do that and to give them a call after we got married.

Actually nevermind, and I can't believe I missed it when you mentioned in like 3 or 4 posts ago... the DCF... I think that is the best way to go! It makes total sense and I think it would work out well. We're gonna go get married on Monday and file a family reunification application with Denmark so I'm allowed to stay here... then I can wait 3 more months and we can file the DCF. ^^

Thanks, Mortenson.

I actually sent in my residency documents before we were married, I wanted to be sure they would allow me to do dcf because I'm here on an "intern" visa that expires at the end of August. They said it would be fine and to let them know when I got married. I notified the embassy (by email, they have a fast response time and then you have something in writing!) on Tuesday, and they gave me an appointment for the 20th. So from when I asked for the appointment to when I am filing is 24 days, not bad I think!

Hi guys, I just discovered this DCF thing... I really need some guidance on how to go about it. How does one stay in Denmark for 6 months? I came over here initally with a job offer and a contract. Applied for work permit. Its been 3 months now and I just found out that I got laid off and verbally over the phone my old employer told me that the immigration department denied my work permit. I have not received anything offical from immigration stating that it was denied. My visiting 3 months was technically over January 29th but everyone told me while my application was in process, I'm free to stay here. So, what exactly is my status? I'm so confused... someone mentioned to me I can get my stay extended to 6 months but I have no idea how to do that. Also, if I go down to the kommune on Monday and try to get a marriage license with my Danish boyfriend... will it be granted?

No, I was just asking questions...and as I said I was trying to confirm or deny what the lawyer had told my mother. Its a lot of information to absorb. I think I got it all sorted out now.

The other thing I'm wondering is another website said that K-3 visas are now not the way to go? I'm not fully understanding that statement and don't really know what would be done in place of it then?

Technically, you would be breaking the law by marrying him while he is here on a visitor visa if he stays and does not return to his country. You take your chances on whether or not USCIS calls it fraud or not.

Then why does the information in the guide say you are free to marry a US person and remain under the terms of your current visa

without applying for a change of status?

How long have you been in Denmark? Often if you have lived in a country for a certain length of time and are a legal resident then you can get married and file for the spousal visa through the Embassy or Consulte there. Called Direct Consular Filing or DCF on here.

It's usually MUCH quicker than the other way which is filing once you live in the US through the service centers. Perhaps that way you could stay together in Denmark while the application is processed and come back together. Although I don't know what Denmark's specific requirements are for DCF so you would have to check that out.

As for your question about visiting and then 'just deciding to stay' - it sounds like intent to get round the visa rules when you put it like that and I don't think anyone on here will encourage you to break the law.

I have only been here 3 months just as a visitor.

Well as I pointed out in the cut and paste that I posted (which came directly from this website) it isn't getting around the rules. And based on that explaination its

perfectly ok to come with the intention of visiting and then happening to decide to marry a US citizen... it even says there is nothing wrong and no one can pursecute you for marrying

them while you are there. It is all about appearances and how quickly you try to take action. I cannot interpret that guideline any other way. Definately going to speak to an immigration lawyer this weekend though. I

of course do not want to break the law either.

Also I just read this in the "Guides" section of this website:

General notes about adjusting from H1B, F-1, J-1, or another type of visa: Entering the US on another

type of visa, such as student (F-1) or H1B, followed quickly by marriage to a US citizen, and then followed

quickly by an application for adjustment of status might be construed by the USCIS to be visa fraud. The

reason for this is that you applied for the original visa, and then after entry into the US quickly applied for

adjustment of status, which makes the real purpose for your original visa request suspect. Bear in mind, the

onus to disprove an accusation of fraud from the USCIS is on the person petitioning for adjustment of

status. For this reason, I do not recommend applying for adjustment of status very quickly after you enter the

US on one of these other visa types (although filing immediately is still legal if you had no intent on marrying

and adjusting status both when you applied for your original visa and when you subsequently entered the US at the Port

of Entry). There is no time limitation on when you must apply for adjustment of status after marriage to a US

citizen...you could literally stay in the US for years before doing so, and as long as you maintained your status on the

original visa, it would still be fine. While applying for adjustment of status very quickly might lead to a fraud accusation

from the USCIS , the marriage itself is not an issue--no one will try to prosecute you in any way for marrying a US

citizen, even if it is not very long after you enter the US. The thing to remember is that you do not want to apply for

adjustment of status until a reasonable amount of time has passed after your entry. Shusterman recommends waiting

at least 60 days after entry before changing status. You may want to consult an attorney if you have further questions

regarding the timing issue for adjustment of status

So, under that statement... if my boyfriend came to the US just to visit ...check out the place... see if he likes it there (and has a return ticket home)

And then after 60 days, the topic of marriage comes up... wouldn't it then be technically ok from a high level perspective?

Ok, I have read the guides and stuff and I still find all this extreme confusing and complicated.

If I applied for the K-1 thing... how does he get to visit me during the process? I have been discussing this elsewhere and they were even warning me that the US will not even let him in the country just to visit...

I have read over the different types and I still don't know what we should do. I am so unsure if we should marry in Denmark and then try to go to US...go to US marry file... or do the K-1 thing... we just wanna be together.

Hi there, I'm a bit perplexed by all this information and hoping you guys can give me some guidance. I moved to Denmark from the US to be with my boyfriend

but it seems that Denmark doesn't want me. I had a job then got laid off, work permit denied...bla bla... so, we have decided to go back to the US.

Questions:

My mother contacted a legal office in the US and they told her that I can just bring my boyfriend to the US on the normal visitation visa ...marry him there

and then apply for a visa... and he could just stay there with me the whole time. Isn't that true? And if so, why would people bother doing the fiancee visas and such

where they can't come to the US.

However, if that is false... and I have to apply for this fiancee visa... is it true it takes 6-9 months for it to get approved? Does that mean he would

have to stay in Denmark for 6 months while I'm in the US?

I am trying to find a way to do this so we do not have to be separated. Can you file for the fiancee visa and then go to the US on the visitation rules??

Thanks in advance,

Roxanne

That so called "legal office" is advising you to commit visa fraud. Run from them.

The fiancee visa indeed takes time - but i tis the legal way.

But he would only be allowed to visit me for 3 months during this 9-12 month period? And I have to be able to marry him live... so he would have to come visit me anyways...

Hi there, I'm a bit perplexed by all this information and hoping you guys can give me some guidance. I moved to Denmark from the US to be with my boyfriend

but it seems that Denmark doesn't want me. I had a job then got laid off, work permit denied...bla bla... so, we have decided to go back to the US.

Questions:

My mother contacted a legal office in the US and they told her that I can just bring my boyfriend to the US on the normal visitation visa ...marry him there

and then apply for a visa... and he could just stay there with me the whole time. Isn't that true? And if so, why would people bother doing the fiancee visas and such

where they can't come to the US.

However, if that is false... and I have to apply for this fiancee visa... is it true it takes 6-9 months for it to get approved? Does that mean he would

have to stay in Denmark for 6 months while I'm in the US?

I am trying to find a way to do this so we do not have to be separated. Can you file for the fiancee visa and then go to the US on the visitation rules??

Thanks in advance,

Roxanne