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Spousal visa at US embassy Dublin?

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  • 03-10-2012 11:12pm
    #1
    Registered Users Posts: 14


    Ok I was told by a US lawyer that the US embassy no longer process immigration applications for spousal visas Is this true


Comments

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


    ** Split from a year old unrelated topic ***

    Not quite true. Unlike in my days =(4 years ago) you cannot file directly with the embassy. You need to send the petition (I-130 and related documents) to the Chicago Lockbox, but it will be auto-expedited if you both live in Ireland, and the medical and interview will still happen in Dublin.


  • Registered Users Posts: 14 rivermist


    Thank you sija
    Do you know how long this takes I was told by same lawyer that it's minimum 8 months I paid him 2000 dollars way back and now he needs 500 more I'm skeptical what you advise did you use lawyer John


  • Registered Users Posts: 1 flufifi


    I have been applying for a spousal visa and it's taken 13 months so far. I had my Interview last week and I am now waiting on the mail. We paid our lawyers in the states appox $3000. Ask them what the money is for. I know we paid about 1500 upfront and they asked at various stages for more to pay fees for submitting the papers etc. But obviously they're not doing it out of the goodness of their hearts, it is a business they are running.


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


    If your case is straightforward (no previous overstays, criminal convictions etc) and you know how to fill out detailed paperwork, there is no need for a lawyer. A lawyer costs money and will slow things down as there is an extra step- ie you give info to the lawyer, they fill out forms when they have time. send it off when they do the next mail run etc.

    A normal spousal visa takes 8-12 months (petitioner in US, spouse in Ireland). If you both live in Ireland, make sure to send the forms from Ireland, with an Irish address for the petitioner, and it will be auto-expedited and should be done in half a yeart.


  • Registered Users Posts: 9,900 ✭✭✭InTheTrees


    We did it without a lawyer too.


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  • Registered Users Posts: 14 rivermist


    thanks Silja

    can I ask IN the Trees what was the interview like and how hard is it to do the paperwork any advice at all is so welcome
    can I also ask what is the police certificate I see mentioned
    john


  • Registered Users Posts: 14 rivermist


    could i also ask anyone what was the medical like im 62 and only been to doctor once in my life i hate them
    john


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


    The interview is very individual, it will depend on what you wrote in the form, how long you have been with your spouse, whether you live together etc. In our case, because we lived together for 3.5 years in Ireland and had twins, it was about 5 minutes- the guy asked me where we intended to settle, what I intended to work as in the USA, and why we decided to move and that was it (well, and checking my paperwork was correct).

    The paperwork is not difficult, but there is a lot of it, and it is important to read twice and interpret literally. For example where it asks for your mother's birthdate- say if you didn't know, you do not just leave it blank, or cross it out, or write n/a, you MUST write unknown.

    The police cert is easy- you go to your local gara station, and ask for a police cert for a US visa. They will give you a form to fill out and you get it a couple of weeks later in the post (assuming no criminal convictions- if you have any, it gets more complicated). You also need one from other countries you have lives for longer than 6 months or a year.

    The doctor's visit is to make sure you are reasonably healthy, and mostly, that you have no communicable diseases such as TB (you will get a lung x-ray to check), they take blood to test and extensive medical history but it is really no big deal. Did you have all the standard Irish childhood vaccinations? If not, you may need some extra before being approved. I had to get a tetanus booster as my last was more than 4 years ago.


  • Registered Users Posts: 14 rivermist


    Thanks so much Silja you are very kind to share your experience with me

    Another question please I seem to think I was told that the immigration insist or ask that you have health insurance in the us before you go ther , that makes no sense to me and maybe it was just imagination on my part, we both have health insurance here .... Do you know if this is an issue, do they ask that you have it etc.

    Next question. I have not been to a doctor for I'd say over twenty years and no knowledge of a medical history I'm sure I did get the injections polio etc as a child but I actually hate doctors with a passion ...do you think I can just say I have not been to one for twenty years etc

    Last question. Re finances we own our house and car a little land in USA I also have about fifty eight thousand of mortgage on our three bedroom detached bungalow here and we have some savings too ... There is also the slim chance that my wife's son would agree to sponsor me on a roofing business in the us but ideally I'd like to retire early and write books or build a small pitch putt course and use it as income

    How does this sound to you re the support and what is this term above the poverty line. Thanks for all so far Blessings to you and your family and I have been married to joann now for almost nine years that must count surely

    John


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


    They don't always ask for health insurance, but they do sometimes, especially if you have a history of ill health (which you obviously do not), or are older (which you kind of are). Basically, they want to make sure you do not claim welfare once you move to the USA, and as I am sure you know, health care in the USA is very, very expensive and you won't be entitled to medicare or medicaid for a long time, and of course your Irish health insurance won't be active once you move to the USA. The concern is that aged 62, you will not work long enough to pay into the system to be able to afford medicare, and private health insurance for older people is very expensive (sorry to call you older- for the purposes of immigration, you are). Some of this may change due to Obamacare of the current president wins re-election, but that cannot be guaranteed. So it's a good idea to look into taking out private health insurance in the USA. and show evidence at interview that you did so, and can afford it.

    Your medical history is that you have none, which is a good thing :) You might want to check with the local Health Board or whichever GP took over from your childhood one if there is a record of your vaccinations (polio, mmr etc). I don't think the panel physician (you will need to go a a specific doctor in Dublin for the visa medical) can just take your word for it, so you may need some injections.

    When using assets, you need three times the 125% poverty level income. Assuming you have no minor kids or other dependants, that is about $60'000 for the two of you.The assets must be "easily liquidated within one year without undue hardship to the petitioner"- which is very subjective! We used savings (which were moved to the USA bank account prior to my interview) and a house in the USA which was going to be our home once we moved, but some people have been denied for that, as the consular officer reasoned that selling your only home in the USA would be undue hardship, and difficult in today's economy. An only car specificlaly does not count as it is assumed you need a car to get around. But I think if you get current professional evaluations of the house in the USA and the one in Ireland, and if you can, move the savings to a US based bank account, you should be fine. The US embassy in Dublin usually wants to see the assets being USA based.

    Having been married for 9 years I don't think you will be asked many questions, but it is a god idea to bring some proof, such as joint bank account, joint lease/ ownership documents to your home, some bills addressed to both of you or each of you individually at the same address, and some photos from through your years or being married. You probably won;t be asked for any proof, but luck would have it if you don't bring it you'l get a nit-picky officer who will ask for it.


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  • Registered Users Posts: 14 rivermist


    Silja I think you should be a consultant. I have learned more from you than my lawyer wh I am probably not going to use now.

    Re the police cert can youb tell me more on that is it a form I get in the Garda station fill up there and they send off do place or what is involved.

    John


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


    You can pay me for my consultancy services in rich tea bikkies- it's the one thing I still miss after 4 years in the USA :)

    Yes, just go to the garda station with your passport and some proof of address (bill), and ask for a form to get a police cert for a US visa. I think it's a yellow form but that may have changed; you'll need to list your addresses, name, other names used etc. They will do their stuff and send you the cert signed by a superintendent a couple of weeks later. Be sure to double check all info on it- they "made me" two years younger by birth date, and I didn't notice until the US embassy guy pointed it out! Fortunately I was able to get it changed at the local station and just walk into the embassy for me visa a couple of days later.


  • Registered Users Posts: 9,900 ✭✭✭InTheTrees


    rivermist wrote: »
    thanks Silja

    can I ask IN the Trees what was the interview like and how hard is it to do the paperwork any advice at all is so welcome
    can I also ask what is the police certificate I see mentioned
    john

    Sorry i'm late back to this thread but Silja's given a comprehensive reply!

    The only thing I would add is that I found the people involved in the process to be generally helpful and friendly so try not to be intimidated or worry too much. I know it can be quite a frightening experience.

    I remember going for our "interview". I was scared. We'd been together five years at that point but I was still worried about having to prove that. But it was far different from what I was expecting. They're professionals, they can see through people who are trying it on so dont worry.


  • Registered Users Posts: 14 rivermist


    thanks so much for your advice


  • Registered Users Posts: 1,626 ✭✭✭rockonollie


    It can be intimidating......the day we went for our interview there were 5 couples in the waiting room....everyone was clearly a nervous wreck, but it created a bit of comradery.....with the exception of one couple, everyone stayed to see how each other got on.

    We were fortunate enough to get our visa when DCF was still an option.....our case was a little more complicated because we needed my wife's parents to be financial sponsors......but we did the whole application without a lawyer and had no requests for additional info/corrections.

    As a previous poster said, evn though DCF is no longer and option, you still do your medical and interview in Dublin.....you just file your paperwork with USCIS in the US.

    I found visajourney.com an extremely helpful forum.......it's full of experienced people willing to help....some of them are almost as knowledgable as Silja


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


    some of them are almost as knowledgable as Silja

    Lol- I am over there too. :P


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