Hi I am new and a lot of questions!

[jukerry 0]

Hi this looks like a great place!

Here's the story. I am from Ireland and my girl is from New York, we met when she came over as an exchange student in college and lived together for 6 months+. Then she had to go home. I foolishly thought I could work in the US for a year and had USIT tell me that yes you can work in a full time job position. Anyway I got the 12 month work visa which turned out to be only an intern visa, went over and lived in the US with her for 5-6 months before realising I couldn't accept the job offer that I spent 2 months interviewing for. So after a bitter return home now I am trying to figure out how I can get back to the US and be with my girl. I realise we could get married on a Fiance K? Visa but I was told I would have to wait at least 6 months jobless for a green card to come through and I am a recent graduate and New York is hugely expensive to live in so that option seems very difficult to undertake. So after perusing (trying to understand it at least!) the marriage visa guide I wanted to know if a DCF visa is possible for us. Note she is back in New York and I am back in Ireland working while she is in grad school now. What is our best option? Thank you for any help. I also applied for the DV lottery but did not get it unfortunately

Thank you all have a good day

Edited May 7, 2014 by jukerry

[Pitaya 2,576]

~Moved from Introducing our Members to What Visa Do I Need Forum~

~Inquiry about family visa processes~

[ricnally 258]

Not a 6-month wait before you can work. After you arrive on K1, get married, get the marriage certificate and apply for the green card (and employment authourization doc and advanced parole doc), it will be about 60-90 days to get the employment doc and then you can work while waiting for the green card. OR if you get married first and then apply for the spousal visa, it will probably take longer overall, but once you get the visa, you can work as soon as you arrive.

[Boiler 43,630]

Cr1 take a lot longer than K1.

[jukerry 0]

Not a 6-month wait before you can work. After you arrive on K1, get married, get the marriage certificate and apply for the green card (and employment authourization doc and advanced parole doc), it will be about 60-90 days to get the employment doc and then you can work while waiting for the green card. OR if you get married first and then apply for the spousal visa, it will probably take longer overall, but once you get the visa, you can work as soon as you arrive.

Oh okay 2-3 months is not as bad.

About your second part would we have to get married in a specific country US/Ireland and is that possible to do if either of us was on a tourist visa? She will be over in Ireland for the month of July so could we marry over here, apply for the spousal visa, I can stay working and then once I get it I can immediately go to the US and work once I land in New York? Do you know how long it would take and the cost for that option (assuming I read and understand it correctly!) ? Thank you very much

EDIT: Is the 2nd option you mention the IR1-CR1 Spousal Visa? It seems perfect for my situation, immediate work ability, we can get married in July when she is over, and it is cheaper than the other processes! The waiting time is about 7 months which is good too. If I read and understood all that correctly? Thanks

Edited May 7, 2014 by jukerry

[NigeriaorBust 4,087]

spousals are taking about a year 7 months is just the first part of waiting for USCIS to get off their duffs and look at the petition

[jukerry 0]

Ah okay, I see. Your signature is very relevant! Are work visas very difficult to acquire? Any other visas/work visas I should be researching and reading about? Thanks

[Boiler 43,630]

Work Visa's is something your Employer would handle, one of the quicker/better ways is to get your current Employer to transfer you to the US.

[JE57 239]

You can enter the USA and get married under the VWP. It is not illegal to do so. It is Illegal to do so if you intend to STAY in the USA after you get married. In other words if you choose the spousal visa option getting married in the USA is still an option if that works best for the two of you. Figure after you get married and file for a CR1 that approval can take in excess of a year. During that time your entry to the USA on a tourist visa is not assured as the Port of entry can assume that your intention is to stay in the USA. If you chose to attempt to visit the USA while waiting for the IR-1 be prepared by bringing documents that show your ties to Ireland as well as proof of a return ticket. If you go the K1 route the processing time is a lot shorter. 5-7 months but then as mentioned you have that waiting period for authorization to work. Also, not sure how willing employers are to accept the authorization to work and if it would affect your ability to get a job. In your OP you asked about DCF. This is a non-starter because your future wife has no legal residence visa in Ireland that I'm aware of. (also didn't check if DCF is even an option in Ireland). The work visa is probably not a good option either, You'd need to be transferred to the US and sponsored by the US affiliate of that company. A lengthy process and then even if you got it then there's the question of intent. All in all I'd say you best bet is apply for the K-1 visa and plan to take a 3-4 month vacation in the USA before starting work there. Start saving now you'd need not only the money for the 3-4 months out of work but then there's also the cost of adjustment of status which I've heard is greater then 1K

[Ryan H 3,795]

(also didn't check if DCF is even an option in Ireland).

It's not.

[jukerry 0]

Thank you very much JE57. Thank you all. Sorry it took me a while to respond. I will look into those now!