Rene

Hi, I have some questions about marrying a US citizen.

I was on an H1B from aug. 2001 -> june 2003, I got layed off and had
to leave
the country.
My girl friend an I have now decided to get married so we can live
together again. We would like to know what to do, where to start, who
to contact and in general how do we make this happen as smooth as
possible.

She is an american citizen and I am from denmark, and we were living
together for the last year of my stay.

We hope you guys out there can help us.
Thanks for any answers
Rene Nielsen

meauxna

Presuming you want to both live in the US, you are lucky as a process known as Direct Consular Filing/DCF is available to Danes. This is the 'fastest' way to an Immigrant Visa/Green Card. Read about your Consulate & the process here: http://www.usembassy.dk/index.php?o=...99f634dc1dd5da in the section "Marriage abroad (Alien spouse immigrant visa)"

As you've been living together, you may be able to use your own funds to "self sponsor" financially, although your spouse will have to file financial forms as well. You will need several 'official' documents, nothing crazy to you if you've been through the H1B.

This process requires that you be married to start it. You may marry in the US or Denmark, whichever is easiest/you prefer. You may enter on a VW (presuming you qualify), marry and return to Denmark to do this paperwork. Your GF/wife will have to visit Copenhagen too (lucky her!).

According to the Consulate website, the process there takes 3-5 months, but may be shorter or longer, depending on your history.

Rene

    > As you've been living together, you may be able to use your own funds to
    > "self sponsor" financially, although your spouse will have to file
    > financial forms as well. You will need several 'official' documents,
    > nothing crazy to you if you've been through the H1B.

"Self sponsor" does that mean that if I couldn't sponsor myself, would
my girl friend would have to sponsor me ?


    > This process requires that you be married to start it. You may marry in
    > the US or Denmark, whichever is easiest/you prefer. You may enter on a
    > VW (presuming you qualify), marry and return to Denmark to do this
    > paperwork. Your GF/wife will have to visit Copenhagen too (lucky her!).

She will come to Denmark to spend the christmas, is there any
preparations we can do here in December ?


    > According to the Consulate website, the process there takes 3-5 months,
    > but may be shorter or longer, depending on your history.

Sounds wonderful :-)

Thanks
Rene Nielsen

Pallyn

She is going to have to be your primary sponsor, but I think your income can be added in. (From what Meauxna is saying.) As far as what you can do over her Christmas visit - how does getting married sound?
I would start doing some research and order the forms you will need. That way you can fill them out together in December. It would be helpful if she could bring everything that you are going to need for the embassy process. Check the links up top of the page to start.

Rene

Pallyn <member@british_expats.com> wrote in message news:<[email protected]>...
    > As far as what you can
    > do over her Christmas visit - how does getting married sound?

Sound good, we have discussed this and we are going to do it over
christmas.

We have heard stories about the US govenment could question a marriage
made in USA on a tourist visa..... could we meet the same poblems when
she visits here as a tourist ?


    > That way you can fill them out together in December. It would be
    > helpful if she could bring everything that you are going to need for the
    > embassy process.

Will the all papers needed be listed in the package I will receive
from the embassy ?

Thanks for your help
Rene Nielsen

Folinskyinla

Hi:

Search term in this NG is "ten foot pole"

Rete

How does this apply if SHE IS GOING TO SWEDEN TO MARRY?

Rete

Find out what your USC fiancee needs to bring to Sweden in order to be qualified to marry there. She might need a certificate of some sought from the Secretary of State of her State that says she is free to marry. She will probably also need any divorce decrees, if applicable, birth certificate, etc. I know from reading that it is not so straight forward in Holland as it is in most States where you just walk in and complete the license, show your proof of identification and away you go with a license.

Second, contact the US Consulate in your country and ask them about what is required for your USC fiancee to file for your entrance to the US as a resident. They should be willing to send you the paperwork ahead of time.

Third, check with them about obtaining your police clearance. You will need clearance from any country you lived in for six months or more after the age of 16. With the exception, of course, of certain countries, i.e. the US. The US Consulate will do a name clearance on you with the IBIS and the FBI.

Fourth, find out from the US Consulate if you can be a co-sponsor along with your USC fiancee (then wife at the time of filing). They might be willing to use all your assets if you have enough or they might be willing to allow you to be a co-sponsor on the premise that you have lived together for over six months. However, they might want proof that you two lived together co-habitatively in the States. Do you have proof of that in the form of a lease with both your names on it, shared utility bills, etc.?

There are things you have to research and the best approach in my opinion is to either go to or call the US Consulate directly and/or hire, at least for a consultation, an immigration attorney there in Sweden who is familiar with this type of filing at the US Consulate.

Rete

Folinskyinla

Hi:

I looked at it again -- and I'm not sure which way is intended.

If it is the way you read it -- then no problem at all for the standpoint of US law.

Rete

Yeah that is how I read it as his gf is going to Sweden to visit him for the Christmas Holidays and he was asking if the US Consulate will question their intention of marriage for immigration purposes only if they marry there and apply for his spousal visa directly with the US Consulate. My subsequent advice to him was to contact the US Consulate directly for information and/or to consult with an immigraton attorney in Sweden familiar with US immigration.

I've yet to see that the US Consulate has "questioned" this approach in user friendly countries, i.e. England, Holland, etc. If you know of a reason why this might present a problem to him and her with the US Consulate, speak now ;-)

Rete

Rene

Folinskyinla <member@british_expats.com> wrote in message >

    > Search term in this NG is "ten foot pole"

Ouch.... I didn't know that was illegal.

OK, I learned "it is illegal to enter the US on a visitor visa for the
purpose of getting married and change ones status while there". That
but that's far from what we have in mind.

Here is a short summary of what I was thinking:

1. I will request the "Alien spouse package" from the embassy in
Copenhagen.
2. She will arrive in Copenhagen.
3. We will get married in Copenhagen.
4. We fill out the papers from the package (I think I-130 in one of
them)
5. She will file them personally here at the embassy, DCF is available
in Copenhagen.
6. We will have an nice christmas. :-)
7. She will go back to the US again.
8. The process will approve the I-130 ... 3-6 months or even more.
9. More paperwork, medical, etc. and at some point I'm good to pack up
my stuff and legally enter the US as a married man.

Please tell me if this is illegal or ten-foot-pole'ish, because I
can't se any locical errors/criminal acts here.

But if is illegal, then how do we get married by "the book" ? and be
able to live in the US legally ?

Thanks
Rene Nielsen

Folinskyinla

Hi:

I was reacting to your ORIGINAL post. The question comes up about entry to the US as a tourist, get married, file for adjustment. That is NOT what you are doing.

meauxna

Rene, you plan looks good for a DCF. The ten foot pole topic is the tourist entry with intent to stay and adjust status.

To speed up your timeline, I'd recommed getting the paper packet now (you can download most forms online) and begin filling them out. As Rete said, you may need a special 'permission to marry' or 'proof of being single' that is an addtional step for Americans vs Europeans (your finace may be able to get this at the Consulate in Copenhagen, for a fee). Have your fiance bring all paperwork for filing an I-130 petition and you can order your police etc docs now. I would say your timeline will probably be shorter than you indicate & you will enter the US not only as a married man, but will become a Legal Permanent Resident on entry as well. Congratulations!

Rene

Hi meauxna, thanks for the answer. Mr Folinskyinla got me worried for a little while there..... but I'm calm again :-)

I will request all the paperwork from the embassy, police dept. etc...

I have found the I-130 form on the web, and I am looking it over... in section 9 there is a question about Social Security Number (if any). I had one when I was on the H1B visa, do I put that number here, or should I leave it blank ?

Will I get another SSN later in this process ? and do any of you have an idea of what happens to my 401K ?

As far as timeline.... we are in no hurry, we would rather do it right than go the risky way.

Rete

If you have a social security number, you put it in when asked for. The SS# stays with you for life. If the card has the legend on it stating you need Authorization to Work, then once you enter the US as a permanent resident you can apply to have the legend removed from the card. The number will stay the same.

Rete