Spouse Visa/ Fiance Visa. Need help.

Hells Kitchen

Hey,

I've recently got engaged to my American girlfriend and i have a few questions i'd like your help with. Bit of background info first. We're both currently living in Asia but are returning to our respective countries in August. We want to get married and move to the States. We were originally going to go with the K1 fiance visa but thought that me not working for potentially up to 4 months wasn't practical. ( Neither of us have a whole lot of savings)

So now we're thinking of just getting married here in Asia and for me to go over on the CR-1 Spouse Visa. It would be a quickie wedding here and a proper wedding later.

I was just wondering would this cause difficulties with immigration? Would the fact that we're only together 9 months and then have a quickie wedding make it look very suspicious? Would it be hard to prove it's a 'bona-fide' marriage? We don't live together, have no joint bank accounts or anything like that. From my research this is specifically what they're looking for. The last thing i want to do is put our future in any kind of jeopardy. We just want to be together and want to find the easiest way to do that.

Sorry for the long post and thanks in advance for anyone who helps. I really appreciate it.

silja

Lots of people have quick weddings for legality's sake, then a formal ceremony/ reception later. The interviewing officers also understand that newly weds don't have much joint "stuff", especially as you will be living in different countries shortly after the wedding. Make sure you have photos of you two together from through the 9 months; if either of you work, put the other as next-of-kin/ life insurance beneficiary. Get some affidavits of friends and family who know both of you as a couple.

silja

adkpainter, I hope you are not advocating using the visa waiver or a tourist visa to enter the USA with the intent of staying. Tourist visas are for visits, and using them with the intent to immigrate is visa fraud. Boards.ie will not condone, recommend or instruct anyone to break the law.

Hells Kitchen

silja wrote: »

Lots of people have quick weddings for legality's sake, then a formal ceremony/ reception later. The interviewing officers also understand that newly weds don't have much joint "stuff", especially as you will be living in different countries shortly after the wedding. Make sure you have photos of you two together from through the 9 months; if either of you work, put the other as next-of-kin/ life insurance beneficiary. Get some affidavits of friends and family who know both of you as a couple.

Thanks silja.
I have one more question. Am i allowed to visit her in the States while the visa is being processed? I've read elsewhere that you can't because they think you'll just stay and not go back. That would be a disaster if true. Her folks are mad to meet me. Thanks and hope you can help.

silja

Absolutely you can visit. Bring your NOA 1 (the paper you'll get saying you have filed the spousal visa petition), to prove you want to do things the legal way, and if you can, a letter from your employer saying when you are expected back/ proof of enrollment in uni to show toes back home, but chances are you will be waived through as most people on the VWP.

LindseyErin

Keep in mind, if you are married in the states and decide to reside there, you will have to revoke your citizenship. Two of my friends married a few years ago. She is from the U.S. and he is from Ireland. They chose to move to Ireland so they could remain dual citizens in U.S. and Ireland.

silja

LindseyErin wrote: »

Keep in mind, if you are married in the states and decide to reside there, you will have to revoke your citizenship. Two of my friends married a few years ago. She is from the U.S. and he is from Ireland. They chose to move to Ireland so they could remain dual citizens in U.S. and Ireland.

Absolutely not true. I currently have triple citizenship- Swiss from birth, Irish by living there, and now US by being married to my US spouse and living in the US. My kids also have triple citizenship.

LindseyErin

silja wrote: »

LindseyErin wrote: »

Keep in mind, if you are married in the states and decide to reside there, you will have to revoke your citizenship. Two of my friends married a few years ago. She is from the U.S. and he is from Ireland. They chose to move to Ireland so they could remain dual citizens in U.S. and Ireland.

Absolutely not true. I currently have triple citizenship- Swiss from birth, Irish by living there, and now US by being married to my US spouse and living in the US. My kids also have triple citizenship.

Oh my! I was greatly misinformed then! I must have confused it with something else I suppose.

Darren1o1

LindseyErin wrote: »

Oh my! I was greatly misinformed then! I must have confused it with something else I suppose.

It all depends on the nationality you are coming from. Germans do need to give the German citizenship up, British are not allowed to give up their citizenship (based on what a naturalized british citizen mentioned to me).

MadsL

Darren1o1 wrote: »

It all depends on the nationality you are coming from. Germans do need to give the German citizenship up, British are not allowed to give up their citizenship (based on what a naturalized british citizen mentioned to me).

(S)He's partly right, but mostly wrong.

If you become a national of another country
You will not normally lose your British nationality if you become a citizen or national of another country. If you are a British subject otherwise than by connection with the Republic of Ireland you will lose that status on acquiring any other nationality or citizenship. If you are a British protected person you will lose that status on acquiring any other nationality or citizenship.

http://www.ukba.homeoffice.gov.uk/britishcitizenship/dualnationality/

CyberJuice

would an irish persona lose their citizenship if they become an american citizen

silja

No, I just became a US citizen last year.
For what it's worth, you do not have to become a US citizen if you don't want to, you can remain a greencard holder for life.

cena

silja wrote: »

No, I just became a US citizen last year.
For what it's worth, you do not have to become a US citizen if you don't want to, you can remain a greencard holder for life.

I would become a u.s citizen in a flash if I could. It would open many doors for me in what I would like to do.

[Jackass]

Hey guys, sorry to jump in on this thread, just I'm in a similar position to OP.

I'm engaged to an american girl, we're together 3 years and we live together in Ireland, but we want to settle in America.

Is there some sort of legal marriage we can do here but then have a "proper" wedding later (as we can't afford a wedding any time soon ) and also, how long does it take to process a visa to live and work in the U.S after you marry a U.S. citizen, and how long before you can get citizenship or whatever yourself.

I would like to become a U.S. citizen some day, but not at the expense of my Irish citizenship.

MadsL

[Jackass] wrote: »

Hey guys, sorry to jump in on this thread, just I'm in a similar position to OP.

I'm engaged to an american girl, we're together 3 years and we live together in Ireland, but we want to settle in America.

Is there some sort of legal marriage we can do here but then have a "proper" wedding later (as we can't afford a wedding any time soon ) and also, how long does it take to process a visa to live and work in the U.S after you marry a U.S. citizen, and how long before you can get citizenship or whatever yourself.

Ireland - Registry Office, two witnesses, pay the licence fee, married.
Or get engaged, and apply for a fiance visa. She will have to take up residence in the US first.

The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS). Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa. Eligible children of K-1 visa applicants receive K-2 visas.

Or you can get a B-2, however spousal visa would be better as it fast-tracks to Citizenship in just 3 years.

Common law spouses
For those living together without the benefit of marriage and who can document their lengthy relationship, the B2 classification could be an appropriate visa for Maria. Note that this rule applies only to those who are traveling as temporary workers, investors, students and diplomats posted in the US.
To qualify for a B2 nonimmigrant visa as a domestic partner, the applicant must still prove the temporary nature of the activity in the United States. For instance, in the case of Ruel, he should show that they will return to Manila after a brief stay abroad.
Usually, nonimmigrant workers or students are granted more than a year’s stay. For the cohabiting partner, he or she will usually be granted an initial one year under the B2 visa and then the partner can apply for extensions in increments of six months or until such time that her partner returns to the Philippines after accomplishing the intended activity.

I would like to become a U.S. citizen some day, but not at the expense of my Irish citizenship.

You can hold both.

silja

Yeah as long as you are legally married, they (US immigration) don't care about having a big wedding. Your best and fastest option is to get legally married asap, then apply for the CR-1 spousal visa. Make sure your US citizen wife indicates on the forms that she lives in Ireland with you, that will ge the petition fast-tracked. Once you enter with your visa, you will get an immediate greencard and right to work, and you can apply for US citizenship 3 years later.