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US Immigration from Ireland

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Getting married in US on B1/B2 & filing AOS
6:16 pm July 29, 2020



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Our situation:

  • US citizen & a non US citizen, legitimate couple of about 2.5 years with evidence

  • Her country of origin is Ireland, although she has never lived in Ireland she has a passport because of her parents, she grew up in Kenya but does not have a passport there

  • She is currently in the US on a 10 year B1/B2 tourist visa and has been in the US several times in the past on this visa, as well as an M1 student visa

  • Have never overstayed

  • We were hoping to get 6 months stay in the US on this visa, but she was only given 2 months this time, due to the border officer perceiving that she had a lack of funds

  • We did not intend to marry at the time of entering and thus we did not lie to CBP but now we re realizing that marriage is really the only chance we have at staying together in the same place

  • We want to get married very soon, before her stay ends (3 weeks from now) and also file for AOS before her stay expires

  • We do not make very much income and will be using a co-sponsor

  • In the past, I have been on government medical and food assistance


  • Considering that our circumstances changed and we decided to get married now here in the US, is it possible for us to stay in the US and start the AOS/green card process without her having to leave?

  • The AOS process would extend beyond her allowed stay, is overstaying in this case a problem and would it be worth it to try and extend her status on the tourist visa because of it?

  • Are we likely to have problems due to marrying on a tourist visa then filing for AOS, marrying within 60 days of entry, and/or going out of status while we re waiting for AOS to go through?

  • Will my (the US citizen) past use of government assistance and her lack of funds at the border be an issue of public charge concerns during the green card process, even if we have a very financially well off joint sponsor?

  • Do you see any other issues with our circumstances and our approach?

Thank you for any advice that you have for us, it's much appreciated.

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White House Petition - PLEASE SIGN!
4:14 pm July 15, 2020



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9 Replies

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dual nationality and passports
4:49 pm July 10, 2020



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2 Replies

Hi all

I have dual nationality (non USC) but it doesn't appear to ask about this on the K1 application. I have searched for this on the forum and it seems that it may come up at interview but not on the application? Is this correct as of 2020?

Also is there a requirement to send a copy of the non USC passport or is the electronic visa ok? It didn't seem to ask for this on the application. We have a lot of supporting evidence as we have had a lease together and bills etc so I wasn't sure evidence of visits would be as important.

Many thanks for your help

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Confusion of where our paperwork will go (split)
5:22 am July 7, 2020


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5 Replies

On 6/11/2020 at 4:43 PM, millefleur said:

No USCIS field office in Dublin. You'd have to have exceptional circumstances and proof of that to proceed with consular processing there. Marrying abroad and living there is not enough.

Then where would those who live in Ireland get sent to? We live in ireland and filed our i130 on line in March. Once it s approved (hopefully soon) we re sent to Nvc then to Dublin, correct?

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Moved back to home country recently. Do I need to wait 2 years to file?
12:35 pm July 6, 2020



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8 Replies

Hi there, hoping to get some clarity on this as I can't tell where I fall.

I was living in Canada for about 5 Years on a visa. Met my USC spouse there.
Left Canada in November and stayed in US with my spouse until January.
Moved home to Ireland January and this is now my residence.
Back to visit and get married March - June and now back home.

We are filing for CR1 with him in the US and me here. Am I required to have been a resident of Ireland for 2 years before we apply?
Can we file soon and if 2 years are required, have that be counted up while we wait?
Do the two periods of roughly 3 months each, in which I wasn't physically in Ireland but it was my residence on all my paperwork count towards the "residence" day count?
If I go visit him again for a period of time, will I need to add these days onto the end of physically being home?

Thanks so much. Just trying to get a timeline of where we are at!

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