K1 visa process

[timandjane 0]

have just made a big decision to marry and now we find ourselves in Limbo. I am from Dallas Texas and he Is from Ireland. We met 4 years ago in Spain/Valladolid during international studies. While he finished his final year of studies I visited twice and he flew over to me. In total i think i was in Ireland for a few months. After he finished his studies, we decided to travel and volunteer for a year. We traveled together to Panama Peru where we voluntered and taught English for 1 year. We've had our ups and downs and after a year travelling we were not ready to make a commitment. So he went back to Ireland and I returned to Texas.

Before making a decision we wanted to live together to be really sure. I didn't want to live in Ireland( the rain!) and he couldn't live in the states so we decided to live in Spain We have figured everything out are madly in love. Now we are ready to move to the states were I can pursue my career and he will work and go back to college.

Not sure how much of that is necessary but its our story:)

I will post some of my questions here as I feel overwhelmed by questions and doubts about this visa process.

Here are my question, any help will be much appreciated.

1. I have heard that the average time for the K1 visa to be issued is 7 months. Is that true?

2. He was issued with a drink driving ban in September 2009 in Ireland (basically like a DWI, meaning he's banned from driving in Ireland for 2 years) -->How does this affect the greencard process? Will he be able to get a driver's license in Texas?

3. Right now in Spain we are both self-employed, off the record (private English lessons). When he goes back to Ireland, he won't have a job. I will probably have a part-time job in Texas (not making much). Will his unemployment history, and/or his unemployment in Ireland when he returns affect the application process? We do have a sponsor for K1 visa.

Many thanks in advance,

Ash and Paddy

[TracyTN 237]

have just made a big decision to marry and now we find ourselves in Limbo. I am from Dallas Texas and he Is from Ireland. We met 4 years ago in Spain/Valladolid during international studies. While he finished his final year of studies I visited twice and he flew over to me. In total i think i was in Ireland for a few months. After he finished his studies, we decided to travel and volunteer for a year. We traveled together to Panama Peru where we voluntered and taught English for 1 year. We've had our ups and downs and after a year travelling we were not ready to make a commitment. So he went back to Ireland and I returned to Texas.

Before making a decision we wanted to live together to be really sure. I didn't want to live in Ireland( the rain!) and he couldn't live in the states so we decided to live in Spain We have figured everything out are madly in love. Now we are ready to move to the states were I can pursue my career and he will work and go back to college.

Not sure how much of that is necessary but its our story:)

I will post some of my questions here as I feel overwhelmed by questions and doubts about this visa process.

Here are my question, any help will be much appreciated.

1. I have heard that the average time for the K1 visa to be issued is 7 months. Is that true? Not exactly. You first must get the I 129f petition approved stateside, which can take a few months on it's own. Then you go through the consulate which has it's own timelines (that tend to vary). Read the K1 flowchart on this site to get a better understanding of the process.

2. He was issued with a drink driving ban in September 2009 in Ireland (basically like a DWI, meaning he's banned from driving in Ireland for 2 years) -->How does this affect the greencard process? Will he be able to get a driver's license in Texas? The green card process? If he gets to that point, it shouldn't. I'll have to defer to other posters about how DWIs by the alien may effect the visa process itself, though. I'm not quite as up to speed on that as I should be.

And each state has different driver's license laws - Google it.

3. Right now in Spain we are both self-employed, off the record (private English lessons). When he goes back to Ireland, he won't have a job. I will probably have a part-time job in Texas (not making much). Will his unemployment history, and/or his unemployment in Ireland when he returns affect the application process? We do have a sponsor for K1 visa. His employment history is of little consequence, though there are a few forms along the way which ask him to list current and former employers.

I'm also moving your thread from the general immigration forum to the K1 process forum so you'll get more feedback.

Many thanks in advance,

Ash and Paddy

[K & M 0]

have just made a big decision to marry and now we find ourselves in Limbo. I am from Dallas Texas and he Is from Ireland. We met 4 years ago in Spain/Valladolid during international studies. While he finished his final year of studies I visited twice and he flew over to me. In total i think i was in Ireland for a few months. After he finished his studies, we decided to travel and volunteer for a year. We traveled together to Panama Peru where we voluntered and taught English for 1 year. We've had our ups and downs and after a year travelling we were not ready to make a commitment. So he went back to Ireland and I returned to Texas.

Before making a decision we wanted to live together to be really sure. I didn't want to live in Ireland( the rain!) and he couldn't live in the states so we decided to live in Spain We have figured everything out are madly in love. Now we are ready to move to the states were I can pursue my career and he will work and go back to college.

Not sure how much of that is necessary but its our story:)

I will post some of my questions here as I feel overwhelmed by questions and doubts about this visa process.

Here are my question, any help will be much appreciated.

1. I have heard that the average time for the K1 visa to be issued is 7 months. Is that true?

2. He was issued with a drink driving ban in September 2009 in Ireland (basically like a DWI, meaning he's banned from driving in Ireland for 2 years) -->How does this affect the greencard process? Will he be able to get a driver's license in Texas?

3. Right now in Spain we are both self-employed, off the record (private English lessons). When he goes back to Ireland, he won't have a job. I will probably have a part-time job in Texas (not making much). Will his unemployment history, and/or his unemployment in Ireland when he returns affect the application process? We do have a sponsor for K1 visa.

Many thanks in advance,

Ash and Paddy

Hi there!

I'm a Swedish citizen living in Ireland and am about to move to the US hence my case is going through the US Embassy in Dublin.

1. Look at the timeline functions here on VJ, in our case it took 19th Nov -> 26th Feb to get NOA2

About 3 weeks after I received Packet 3. I got information from Sweden within 2 days, still waiting for the Certificate of Character from the Irish police (3 weeks and running) so my suggestion to you is to inform Paddy that he should request the CoC as soon as you get the NOA2.

Our case probably would have taken 5 months if it wasn't for the police report, yet we're not in a big hurry (expected point of entry is end of August).

2. No idea

3. The income level of the beneficiary has little to do with this process, it's more about your level of income. You have to prove that you (or a sponsor) will be able to provide for him so that he doesn't become a financial burden for the society. So if you have enough income or your sponsor does then you should be fine. The affidavit of support (I-134, I think) is a pretty extensive document and the person signing it (you or your sponsor) is accepting a lot of responsibility so make sure your sponsor is willing to do that.

Hope that helps you at least a bit.

-M

Edited April 7, 2010 by K & M

[pushbrk 12,569]

2. He was issued with a drink driving ban in September 2009 in Ireland (basically like a DWI, meaning he's banned from driving in Ireland for 2 years) -->How does this affect the greencard process? Will he be able to get a driver's license in Texas?

The drunk driving charge abroad is not an issue in obtaining the green card. It's an issue in obtaining the visa. If there's going to be a stumbling block, this will be it. Generally this is considered a crime of moral turpitude and can be grounds for denying the visa. You'll want to check into this quite thoroughly.

[timandjane 0]

Thanks everyone so far.

Even though no one was hurt and that it was a once off incident, can the dwi still hinder his chances of getting the visa?

Would it be better to get married in Ireland or is the K1 the best way to go?

Any opinions welcome,

Ash and Paddy

[TracyTN 237]

As pushbrk mentioned, it is definitely something he will have to overcome to get the visa, regardless of the exact details. And that's in play whether you're married or engaged. So no, marrying doesn't help it very much.

[Nik+Heather 121]

The drunk driving charge abroad is not an issue in obtaining the green card. It's an issue in obtaining the visa. If there's going to be a stumbling block, this will be it. Generally this is considered a crime of moral turpitude and can be grounds for denying the visa. You'll want to check into this quite thoroughly.

http://www.state.gov/documents/organization/86942.pdf

According to this, drunk driving is specifically excluded as a crime involving moral turpitude...

I know I've got it stuck in my head that it would be a problem too, though. Just trying to remember enough to dig up a link.

[TracyTN 237]

Yep - I remember reading that consulates were now looking on this more sternly, but couldn't remember where I'd seen that. I figured some folks here would have better knowledge about it than I do.

[Rebecca Jo 1,962]

http://www.state.gov/documents/organization/86942.pdf

According to this, drunk driving is specifically excluded as a crime involving moral turpitude...

I know I've got it stuck in my head that it would be a problem too, though. Just trying to remember enough to dig up a link.

My understanding is it becomes a problem at the medical, rather than declaring the offense a CMIT on interview date.

If the panel physician will not clear the visa applicant, they may have to file a waiver on medical grounds wherein he proves he is not an alcoholic.

[pushbrk 12,569]

My understanding is it becomes a problem at the medical, rather than declaring the offense a CMIT on interview date.

If the panel physician will not clear the visa applicant, they may have to file a waiver on medical grounds wherein he proves he is not an alcoholic.

That's actually more correct. Marijuana and other drug use along with DWI type offenses all become a double-edged sword as they involve both criminal and medical concerns. Be prepared to deal with all issues directly and honestly. He'll be disclosing the DWI in both the visa applications AND the medical.

[timandjane 0]

Thanks everyone. This visa process is very confusing, but your answers are helping me prepare for what we need to do.

Many thanks,

Ash and Paddy

[Greenparot 1]

Thanks everyone. This visa process is very confusing, but your answers are helping me prepare for what we need to do.

Many thanks,

Ash and Paddy

Just wanted to say good luck in your visa process, VJ is definitely the site to go for questions and answers. Helped us tremendously. Be prepared for some headaches in the process and the more organized you are the easier it will be. Best Wishes!