Married to US citizen and currently living in Ireland but would like to move to US

j.mark.oconnor

I married my US wife here in Ireland in January 2010 and have been living in Ireland since but we are now considering moving to the US, it wasn't part of our plan but the situation we are currently in is forcing us on this path.

We've done a lot research on the matter but cannot seem to get confirmation on one aspect in particular.

While the I-130 is being petitioned can I, an Irish citzen, enter the US with a visa waiver or do I have to apply for a visa such as the K3? My intention would be to live there with my wife and apply for work authorization then start working once approved.

Thanks in advance.

lonestargirl

While the immigrant visa is in progress you can visit the US but you can't live there, travelling on the vwp with intent to stay is illegal. You also need to be in Ireland for the interview, mdical etc. I don't think it spouse's visa (IR1/CR1) takes that long from Ireland at the moment, 6-10 weeks what what I heard recently. The part about work authorisation confuses me, once your visa is approved you get a green card immediately upon entry to the US and don't need an EAD (if you had come on a K3 you would need to adjust status once in the US but there is no point to this visa any more as it is more expensive and hassle than a CR1 and they take about the same amount of time)

j.mark.oconnor

Thanks lonestargirl. We don't want to do anything illegal. So by a spouses visa (IR1/CR1) do you mean filing an I-130 petition for alien relative (in Ireland) and the IR1/CR1 is the 'Visa Category' that would be assigned or is this another form?

lonestargirl

j.mark.oconnor wrote: »

So by a spouses visa (IR1/CR1) do you mean filing an I-130 petition for alien relative (in Ireland) and the IR1/CR1 is the 'Visa Category' that would be assigned or is this another form?

Yes I-130 is the form for IR1/CR1
IR1 = if your marriage is greater than 2 years old, you will get a 10-year greencard upon arrival
CR1 = if you are married less than 2 years, upon arrival you get conditional 2-year green card and then have to file to get a 10-year greencard before that expires.

This link has a good description of the process - although it is based on filing in London rather than Dublin and processing times are currently longer there.

silja

j.mark.oconnor wrote: »

Thanks lonestargirl. We don't want to do anything illegal. So by a spouses visa (IR1/CR1) do you mean filing an I-130 petition for alien relative (in Ireland) and the IR1/CR1 is the 'Visa Category' that would be assigned or is this another form?

Yes, this is the way to go. If your US wife has lived in Ireland legally for 6 months or more (which she likely has, as your wife), then she can petition for your visa DCF (directly via the embassy). This takes 5-8 weeks only (took us just under 6 weeks 2 years ago), so hardly time to go visit on the Visa Waiver! You then have 6 months to use the visa.

rockonollie

we submitted our application on january 13th and arrived in the US may 17th, it probably could have been quicker but we delayed sending in the second set of forms while we gathered documents from the US

j.mark.oconnor

Does anyone know where to get up to date information on how long the process is currently taking in Ireland? I called the US Embassy in Dublin on Friday but was just told probably 6 months and she had never heard of anyone being processed with in 5 to 10 weeks, I did specify that we sending it to Dublin and not the US. She did not come across as being all that knowledgeable though. Any help would be greatly appreciated.

Rockonollie, thanks for the info. How long do you think it would have taken were it not for the delays on your side? Any tips on what documents to have ready to save time?

rockonollie

we probably delayed for about 3 weeks......so our case probably would have been completed in about 3 months if we had everything ready.

It's definitely alot shorter than applying in the US or applying for any other visa.......also make sure you have your savings available, the whole application process costs over €1000 and that's with no guarantee of success and no refund if you don't get a visa

j.mark.oconnor

I sent the I-130 petition yesterday, completing everything in the checklist but recieved a phone call today from the embassy in Dublin saying they are returning the documents as they need proof that both my wife and I are residing in Ireland. I was told that a letter from my employer confirming my residence would cover me but as my wife cannot find work here she cannot provide this. The lady on the phone could not provide me with any idea of what would suffice as prove for my wife, she just siad every case is different and that it was up to me to figure that out.

Does anyone know of anything that would sufficently prove that my wife has been living in Ireland for the last 6 months? Written statements from friends and family that have seen her on a regular basis. Photocopy her entire passport showing all travel out of the state. Rent receipts. Bank statements. Would any of these be enough?

lil_lisa

Do you have any bills or statements that would have been delivered to her over the last few months? Has she had any bank accounts open under your current address? If you go into the bank and ask them to write a letter stating that she had an account open at 'A' address since 'B' date. The older letters you can find the better.

Are you paying rent? A landlord could vouch for you.

rockonollie

we used bank statements, PPS number, immigration card and entry/exit stamps on her passport

silja

We used his Irish "green card", joint bank statement, ESB bill with statement from ESB when he was added to the account, and marriage cert.

j.mark.oconnor

Thanks everyone for all of the suggestions.

We sent rent receipts and a written statement from the landlady stating that we paid on a monthly basis and did so (both of us) in person, my wife's PPS number, an letter from my (the beneficiary) employer stating my address, letter from bank stating when my wife was added to my account over 6 months ago, utility bills although only in my name, a cover letter written by my US wife stating her status since moving to Ireland (this was the only thing the Immigration Office suggested), photocopy of the Irish Immigration card, a mortgage loan approval with both our names, even receipts from the dentist and they already have our marriage cert.

I got a call this morning from the Immigration Office saying they wanted more proof of my wife’s domicile in Ireland. She couldn't find work here so we don't have much else to show other than what has already been sent. The only thing left that I can think of is to print every page of her passport showing when she left and returned to Ireland. We visited her family on March 6th thru to March 30th (they already have a photo copy of the page showing this) and she recently flew to the US to visit again on August 20 and will be returning on September 11. Could this travel be negatively affecting the petition? Is there anything else we could send to prove my wife’s domicile in Ireland?

The Immigration Office acknowledges that they have all this evidence but are still not satisfied and are not willing to point out or confirm anything that may help our case. I've already handed in my notice at work because I know we fulfill the criteria and this should be a pretty simple case, I’m getting really worried at this stage as I don't know what more I can do to prove my wife has been living here.

kaylz3

Hey i just came across this thread and i am in a similar situation. My husband is a US citizena nd is in the US while i am here in ireland. We just mailed our I-130 form and are awaiting our first notification.
I was just wondering if anyone knew how long the process is this way instead of applying straight to the embassy?
I know it varies for each case and i would love to be back by May the latest. Anyone think this would be possible?
Thanks for your time and i hope it is all working out for you and your wife. As for other documents needed i am not entirely sure. We didn't have much as we only married in september. There is always her birth certificate, passport, bank details, bills, flight details, pps number, any medical maybe, photos.

I wish you all the luck as i know how hard it is

silja

Doing the process via the USA, it takes 5-8 months if you have everything ready at the right time (anything non-english translated, get police certs, do medical as soon as you get notification from the embassy etc). With Christmas coming up, May is on the ambitious side, but not impossible.

kaylz3

Thanks so much for your reply i kinda figured it would be that timeline... I have a friend's wedding in may there that is why i am looking at may as a time to be back. Can i visit while the visa is being processed?

silja

kaylz3 wrote: »

I have a friend's wedding in may there that is why i am looking at may as a time to be back. Can i visit while the visa is being processed?

Yep. Just bring proof that you intend to return to Ireland, such as a letter from your employer stating when you are expected back, lease agreement, Irish bank account details etc and proof you have filed for a legal visa. You are unlikely to be asked for it, but just in case.

The only time you cannot travel is between your interview and when you get the visa (usually 1-2 weeks, depending on the speed of AnPost delivery), as they will keep your passport, do last checks, print the visa in your passport and send it back to you.

kaylz3

Thanks so much! I appreciate your time and that really helps me out. I was afraid i wouldn't be able to go over and miss her wedding

Fluffy8030

My wife and I have been in the process for well over a year now. We have submitted forms to the states but every time we get a reply they are seeking further information before I get my appointment for an interview/medical. Our problem is that I lived in Australia for many years and therefore have to have police certs from there. It's very frustrating but if you stick with it, it will work out I'm sure.

rockonollie

Fluffy8030 wrote: »

My wife and I have been in the process for well over a year now. We have submitted forms to the states but every time we get a reply they are seeking further information before I get my appointment for an interview/medical. Our problem is that I lived in Australia for many years and therefore have to have police certs from there. It's very frustrating but if you stick with it, it will work out I'm sure.

Unfortunately, the reason the backlog is continuously growing is because month by month they're getting less trusting of the documents they receive.....which is understandable because counterfeit documents are constantly improving too.......honestly, there's no such thing as enough proof.....it's really a case of sending anything that helps prove your case to them. Just seperate the required docs and additional evidence (i've heard that they get cranky if they have to look through big packets to find the required documentation.)

Fluffy8030

Yes I agree, fortunately I did as you said and separated all the non required paperwork from extra credit paperwork. Seems to have worked.

spideog7

This thread is from 2010...

Chisler2

j.mark.oconnor wrote: »

I sent the I-130 petition yesterday, completing everything in the checklist but recieved a phone call today from the embassy in Dublin saying they are returning the documents as they need proof that both my wife and I are residing in Ireland. I was told that a letter from my employer confirming my residence would cover me but as my wife cannot find work here she cannot provide this. The lady on the phone could not provide me with any idea of what would suffice as prove for my wife, she just siad every case is different and that it was up to me to figure that out.

Does anyone know of anything that would sufficently prove that my wife has been living in Ireland for the last 6 months? Written statements from friends and family that have seen her on a regular basis. Photocopy her entire passport showing all travel out of the state. Rent receipts. Bank statements. Would any of these be enough?

Dated stamped marriage certificate, letters addressed to her at your shared home during that time?