Marrying an Irish citizen... need help with the Green Card process!

[lindseyparker12 0]

I've been with my boyfriend for 3 years, and we're getting married in Dublin, Ireland in March. Now it's time to figure out the green card process so that he can come live and work in the US (Connecticut) while I complete my final year of pharmacy school and hopefully a pharmacy residency.

Has anyone been through this process that can help me figure out what to do and a timeline of when I should do it? Has anyone gone through the process in the US embassy in their own country (He's currently living in Ireland finishing his degree)? Do you have any advice for someone going through the process?

I've looked into it and it's very confusing to me. Do I need to submit the I-130 along with the I-864 and the G-325A all at the beginning? Are there any other forms we need to fill out initially to get the ball rolling?

Since I'm in pharmacy school and don't have an income, I need my father to fill out the I-864 also I believe. Would he be a joint sponsor and fill out the I-864, or would he be considered a member of the household and just fill out the I-864A? My father's income is high enough (over 125% FPL) and he lives in the same house as me (the house that my fiance and I will live in). Is a joint sponsor the same thing as this?

Does the I-485 come into play? Will he need to fill out the I-765? Am I missing anything else?

He will be free to come over (hopefully) in the middle of July depending on whether or not he passes his exams. Will he be able to come before he actually gets a green card or will he have to wait? When will he be able to start working?

Any help would be very much appreciated!! We're on a budget so we cannot afford a lawyer and since we're not getting married until March we want to complete this process as quickly as possible so that he can come live with me as soon as possible.

Let me know if there are any other questions I need to answer!

[Mena28 35]

OK, so you have a wedding date set? In Dublin in March?

That basically means that he falls into the spousal visa category (CR1/IR1).

that is not the visa I did (I was a K-1) but from I read I hear that it takes about a year after filing before those are through. So say you get married in March, file in April 2016, then spring 2017/ early 2017 would be when he can expect to have his visa in hand (those times are only guidelines and can change for any reason).

Up until then he is able to come and visit the US under the VWP (Visa Waiver Program, the one where he has to apply for travel authorization online - the ESTA). He will have to bring proof of ties and gets up to 90 days per visit. Keep in mind that that is for visiting only and it is wise to spend more time out of the US than in, since he wants them to let him back in, right? ;-)

I visited twice under the VWP with only minimal questions. There is a whole thread dedicated to this question http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

You should definitely read the guides - look at the top of the page on the desk top version, it is not visible on the mobile version - those can answer many questions, like forms and stuff.

There is also a whole forum for people doing spouse visas under the forum section it is the secons one from the top, go read some questions and reports, those can be so helpful!

The good thing with the CR-1/IR-1 spouse visas is that they turn into a greencard upon arrival, so he will be able to work right away (the greencard then shows up in the mail some time later).

With the K-1 fiance visa there is a whole other process after arrival (AOS - Adjustment of Status) to be able to work. I have been here two months and I am expecting to wait another two before I can work.

This should get you started thinking about things - definitely read the guides!

Good luck and congrats :-)

[JFH 12,190]

And breathe...

Congratulations on your forthcoming wedding.

You cannot file a petition until after you are married so all you can do now is prepare. Start gathering up evidence of a bona fide relationship. Photos, boarding passes from him coming to see you and you going to see him, cards sent to the two of you together, any joint financial arrangements you have (will, joint savings or credit card), phone records, emails between you, the more the merrier. For example, I have something from my husband's workplace that states I'm his wife and I'm his emergency contact should he have an accident at work or something. It's from his HR file.

Edited January 7, 2016 by JFH

[lindseyparker12 0]

Wait does that mean there's no possible way for him to work here before getting the green card? I don't think it's realistic for him to just come here over and over on the VWP and sit around doing nothing. He's come over here a few times on that so I'm familiar, but I was hoping for a better solution.

Are you sure on the specifics? I was under the impression that there would be a way for him to come and work here before the green card is officially approved.

[belinda63 3,039]

He can't come on the VWP and wait. He can come and visit for up to 90 days. He will have the medical and the interview in Ireland. Unless he obtains a work visa or a student visa with an option to work he cannot legally work in the US without his green card or the stamp he will receive when he enters the US on his immigrant visa.

[Transborderwife 4,666]

Wait does that mean there's no possible way for him to work here before getting the green card? I don't think it's realistic for him to just come here over and over on the VWP and sit around doing nothing. He's come over here a few times on that so I'm familiar, but I was hoping for a better solution.

Are you sure on the specifics? I was under the impression that there would be a way for him to come and work here before the green card is officially approved.

Nope, sorry. His greencard would take about a year on a spousal visa (so a year from after you file in say March) or you enter in 6-8 months on a k1, marry in the usa and file for aos getting work authorization in about 90 days. Pick your poison

[lindseyparker12 0]

I think I'm more looking for specific names of a visa available to spouses waiting for their green card (or does he really have to sit and wait in Ireland for a full year?). He won't be able to come for 4-5 months anyways because he's still finishing his degree so it's not an issue that he has to be in Ireland for his interview/ medical exam. I feel like it's a bit impossible for him to wait until he gets his green card to come over because he'll need to be in the US for the green card interview, right? I understand the VWP and it's limitations, and we don't really plan on using it for anything other than visits to see each other.

I know a lot of people choose the fiance visa route, but does anyone have experience going through the consulate?

[Transborderwife 4,666]

Cr1 is waiting in Ireland about a year all interviews and appointments in Ireland.

[lindseyparker12 0]

Wow! I've talked to so many people on the phone and none of them mentioned this to me. They all mentioned how he'll be able to come over here on a non-immigrant visa and then we'll file the I-485 after he's here.

Have any of you gone this route or is that just what you've heard?

[Transborderwife 4,666]

Yep, it's called immigration fraud.

[lindseyparker12 0]

What about the I-131 for advance parole and the I-765 for work authorization?

Edited January 7, 2016 by lindseyparker12

[Transborderwife 4,666]

Those are all things that you'd file with and adjustment of status from a k1 visa. Entering on Vwp/b1/2 with the intention to adjust is fraud. There's no way around it. Has he looked into a work visa?

[lindseyparker12 0]

Yep, it's called immigration fraud.

What do you mean by this? I don't mean I was talking to friends I was calling government agencies and USCIS. USCIS did not tell me a specific visa name to come on, he just mentioned that he would be able to.

Edited January 8, 2016 by lindseyparker12

[Transborderwife 4,666]

What do you mean by this? I don't mean I was talking to friends I was calling government agencies and USCIS.

Yes. It's not known as the misinformation line around here for nothing. There's no way around it.

[IamIan 14]

You get married in Ireland and file an i-130 petition. Once this is approved, it is sent to NVC and youre asked for affidavit of support and a few other things. Then it will be sent to the U.S. embassy in Ireland, where he first does a medical and then an interview with a consulate officer in Ireland. Once approved, his passport will be sent back to him and he can enter the USA and you live happily ever after. During all of this he can come and visit you on the visa waiver program but not work.

There's no quick and easy way around this. It's expensive, time consuming, it's slow, it's stressful. I am 5 months into the process now. It's hard. But in the end it's worth all the effort.

Best of luck to you and your boyfriend.

Edited January 8, 2016 by IamIan