visa

mollyb69

need help asap, i'm marrying my american fiance in july here in ireland, we were planning to move to the states afterwards,what and which is the best visa for me to get and the quickest as he works in the states, i also am bringing my 12 yr old son over

silja

It's not going to be quick.
After you marry, he will need to file a spousal visa petition; your son can be a derrivative of that. Once approved, you will apply for the visa, which means a medical and interview in Ireland: http://travel.state.gov/visa/immigrants/types/types_2991.html
The whole thing will take most of a year. The good news is you can visit with the visa waiver program during this time (but NOT stay/ live or work there), and once you enter the USA with the spousal visa, you get an immediate greencard and can work and travel.

mollyb69

thanks alot looks like a long year ahead but best to do it right

iusedtoknow

mollyb69 wrote: »

thanks alot looks like a long year ahead but best to do it right

good attitude!

A lot of people try and find ways around, the american visa system is firm but pretty fair when you do things right.

The year will fly, there is a lot of paperwork and waiting for appointments, so it'll go quickly

mollyb69

would it make any difference if we marry over there?

silja

No, the processing time is the same.

Lanterrrn

Just curious - if you get married to a US citizen while on a H-1B or a Green Card, do you have to go back to Ireland for 1-2 years while it's all being sorted? Or can you get married and just not apply for a spousal visa at all?

I can see myself getting married in the next 5 years, but not if it means I have to go back home to Ireland. Can anyone shed some light?

silja

If you already have a greencard, nothing changes for you due to marriage to a USC.
If you are on a visa and marry then yes, you can do a process called Adjusting Status to get a greencard.

Lanterrrn

Great news about the green card... but I'd imagine adjusting status while on the H-1B would require heading home for a while, yeah?

silja

No, that is the whole point: Adjusting Status (= AOS) means you stay- visas are for entering countries, and you'd be already in the country, so no spousal visa needed. In fact, it is kind of the other way around: it is generally recommended you do NOT leave the USA during the AOS process.