Figuring out the best route to move back home

[lennya 3]

Hi all,

 

First, thanks so much to the amazing community here and to Visa Journey for all of the superb free resources on the site ❤️

 

I'll try to explain my situation briefly. I'm a USC living in Ireland, where I'm a resident. My wife of 1 year is an Irish citizen and has no status in the US.

 

I'm finding it hard to find work in my field in Ireland, and have started to looking at job listings back in the States, where there seem to be more opportunities. I'm interested in starting to apply for jobs back in the States.

 

Assuming we don't want to spend significant time apart, I right that we basically have two options -

 

- Go either the K-3 or IR-1/CR-1 route and wait the 16-18 months before I apply for jobs. Possibly ask USCIS to expedite if I can get a job offer in the mean time.

- Try to get a job offer, and once I do, go to my embassy (Dublin) for Direct Consular Filing, and hope they're amenable.

 

Have I misunderstood or is there any more nuance that I'm missing? Is asking USCIS to expedite based on a job offer likely to yield success?

 

Thanks,

 

Lenny

[powerpuff 5,907]

K3 became obsolete so it’s not a viable option. Plus you do not want to be issued a K3 because it will not make your wife a PR upon entry like CR1/IR1 would. You’d have to adjust status and that’s more paperwork and more money and time.

 

You’re correct on those being your 2 options for no or minimal time apart, DCF being the superior option (if it’s granted).

 

19 minutes ago, lennya said:

Is asking USCIS to expedite based on a job offer likely to yield success?

Imho, I wouldn’t bank on that. You’re the petitioner and USC and free to leave Ireland for US at any time to start the job. It’s not really related to your wife in any way. USCIS does not care about separation as it’s a natural part of the process for most going through it.

Edited November 5, 2023 by powerpuff

[lennya 3]

Ok thanks for that, powerpuff.

Edited November 5, 2023 by lennya

[Dashinka 23,251]

If you do find a position in the US and need to relocate fairly quickly, you may request the consulate in Ireland process an I130 petition for your spouse.  This is referred to as Direct Consulate Filing (DCF), and there is no guarantee the consulate will accept it, but it possible as a job relocation falls under the exceptional circumstance the consulate may consider and it is the fastest way to get your spouse a GC for someone in your situation.  If you file an I130 with USCIS, then the consulate is not supposed accept a DCF.

 

Good Luck!

 

Sorry, read the rest of your post and it seems you are familiar with DCF.  Personally, I would look at that option closely.  Search DCF Dublin, etc.

Edited November 5, 2023 by Dashinka

[lennya 3]

Thanks for that, most of what I have read about DCF in Dublin is not great, including some posters saying they do no process DCF. Perhaps I should just contact them to ask directly.

[lennya 3]

Hi all, can I ask another quick question - at what stage of the I-I30 / IR1-CR1 process are the various fees due? This site gives a guide fee of $903 for getting an IR1 or CR1 visa by filing an I-130 - is the full fee due when I file the I-130 or at different stages?

 

I also wanted to ask, if the VISA is approved, how long would my wife have to "activate" it, so to speak?

 

What I'm try to figure out is whether it's worth us starting this process, and paying the expense (we are not flush with cash right now). I'm very interested in getting things moving, but there is always the chance that in 18-24 months time that our life plans will have changed.

 

Thanks,

 

Lenny

[Crazy Cat 39,267]

2 hours ago, lennya said:

Hi all, can I ask another quick question - at what stage of the I-I30 / IR1-CR1 process are the various fees due? This site gives a guide fee of $903 for getting an IR1 or CR1 visa by filing an I-130 - is the full fee due when I file the I-130 or at different stages?

 

I also wanted to ask, if the VISA is approved, how long would my wife have to "activate" it, so to speak?

 

What I'm try to figure out is whether it's worth us starting this process, and paying the expense (we are not flush with cash right now). I'm very interested in getting things moving, but there is always the chance that in 18-24 months time that our life plans will have changed.

 

Thanks,

 

Lenny

Normal spousal visa Fees:

-The I-130 fee ($535) is paid when submitting the I-130 petition. 

-At the NVC stage (a year or more later), you will have a couple more fees (I think they are $325 & $120).  I could be wrong about the exact totals. 

-Then you have the medical exam fee which will vary based on doctor & location.  That will be several hundred dollars.  Paid at the time of the exam.

-After a CR-1 visa is issued, you must pay a $220 immigrant (Green Card fee) to receive an actual card.  

Those are just the government fees.  There are also misc. expenses for travel, documents, etc. 

After a spousal visa is issued, the visa hold has up to 6 months (normally) after the medical exam to enter the US.  About 18 months is probably a good estimate from start to visa being issued.

Edited November 20, 2023 by Crazy Cat

[lennya 3]

Thanks crazy cat, so just to clarify, once the VISA has been granted the holder has six months to enter the US an activate it, so to speak?

[Crazy Cat 39,267]

5 minutes ago, lennya said:

Thanks crazy cat, so just to clarify, once the VISA has been granted the holder has six months to enter the US an activate it, so to speak?

Usually, 6 months from the date of the medical exam. It could be less.  It will never be more than 6 months from medical exam date.

Edited November 23, 2023 by Crazy Cat

[lennya 3]

Thanks