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  • 06-08-2011 7:49pm
    #1
    neil2011
    Registered Users Posts: 11 ✭


    My Spouse is American and was asking me why can't we just can't move to the US and leave Ireland,As an Irishman is it possible to just land there?surely theres a need for a greencard and such? Has anyone any advice for me on this matter please?:confused:


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  • #2
    Spear
    Moderators, Computer Games Moderators, Technology & Internet Moderators, Help & Feedback Category Moderators Posts: 25,540 CMod ✭✭✭✭Spear


    Moved from N&F.


  • #3
    silja
    Registered Users, Registered Users 2 Posts: 2,921 ✭✭✭silja


    You cannot just move over- the longest you can stay without the visa is 90 days on the visa waiver. To move over you need a spousal visa (CR-1 if married less than 2 years, or IR-1 if married more than two years), which leads to a greencard upon entry. If you move quickly and file before 15th August, you can file directly with the US embassy in Dublin, and the process will take 2-3 months. After the 15th, this short cut isn't available anymore and all spousal visa petitions will need to be filed via USCIS in the USA, and the process will take 9-12 months.

    The process starts with your US spouse filing a I-130 petition and once that is approved, you, the foreign beneficiary, applies for the actual visa. There is lots of paperwork, but if you are detail orientated and have no major convictions or overstay in the USA it is not that difficult- no lawyer or anything needed. The only problem faced by most couples living abroad is the Affidavit of Support (form I-864); basically, your US spouse needs to show he can support you with income or assets. As he is living abroad with you, he doesn't have US income, thus his options are:
    - Get a co-sponsor; a US citizen or greencard holder living in the USA who will stand guarantoor for you
    - Move to the USA before you and get a job quickly, making at least $19'000 a year or more if you have kids- may be difficult in today's economy!
    - Sponsor on assets- if you two have more than three times the income requirement in easily liquidated assets (savings, second property, shares- all preferably US based), he can sponsor you based on that.


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