DCF process for American and Irish living in Ireland

[lp137 0]

Hi, I'm new here and I'm trying to do a bit of homework for me and my boyfriend. I am American and he is Irish, and we are thinking of getting married, and want to learn our options and the best way to go about visas.

We are thinking of getting married in the States and then moving to Ireland. After a few years we are thinking of coming back to the States, but we are not sure what that involves. I have friends who did something similar, but they ended up separated for about 8 months (he in America and she in Canada) when they tried to move back to the States. Is there always a period of separation when waiting for a marriage visa to the States or is there a way of avoiding that?

It looks like the DCF visa would be the one we would need, but I am only guessing, so if I am wrong, please let me know. Thank you so much for your guidance.

[Penguin_ie 5,996]

Hi,

you two can get married in the US while he's over on the Visa Waiver Program, but he will need to leave within the 90 days he is given on that program- not a problem if you want to live in Ireland anyway. If, at first, you want to live in the US for longer than 90 days from when he enters, then yes, there will likely be some separation, either before the wedding (while you apply for a fiance visa to get married in the US, K1), or after (when he goes back to Ireland and you apply for a spousal visa- CR-1 or K3).

If you move to Ireland, you coming here should be no problem- at least 3 years ago, when my USC husband moved here, he just came over without a visa, we got married 30 days later (Ireland has a waiting period to get married), then went down to the Aliens Office without an appointment and he got his 10 year residents card and work permit there and then. Things may have changed though, so check on that! Once you decide you want to move back to the US, you can file for the spousal visa directly with the US embassy here in Dublin (ie "do DCF", like us; this is only available for spousal visas) as long as you've been here legally for at least 6 months. It's an easy process if you follow the guides here, took me about 6 weeks.

Edited September 4, 2008 by Penguin_ie

[lp137 0]

Hi. Thank you so much for your insight. This is great information. I have a few more questions... I just want to be doubly sure that if we decide to live in Ireland, we can still get married in the States and then I can come over and get my visa? Or do we have to get married in Ireland to live in Ireland? Also, I noticed your twins have dual citizenship. How does that process work? Thank you!!!!

[payxibka 10,047]

Hi. Thank you so much for your insight. This is great information. I have a few more questions... I just want to be doubly sure that if we decide to live in Ireland, we can still get married in the States and then I can come over and get my visa? Or do we have to get married in Ireland to live in Ireland? Also, I noticed your twins have dual citizenship. How does that process work? Thank you!!!!

A legal marriage is a legal marriage.... The US recognized Irish marriages... I am sure Ireland reciprocates....

Dual citizenship can be accomplished automatically via parentage if each is a citizen of a different country... Recognition of dual citizenship is country dependant.

It might be possible for a child who has an Irish parent and a Italian parent who was born in France to potentially have three citizenships from the get go...

Edited September 5, 2008 by fwaguy

[Penguin_ie 5,996]

Yep, you can get married in the USA. As of three years ago, no visa was needed to enter Ireland if you were married, but that may have changed- I know the EU tightened up on immigration procedures- so do check on that with the embassy.

The twins actually have triple citizenship, Swiss too as I was born and lived there till aged 17, but we need to get their Swiss papers done still. If you two have kids in Ireland, they will be dual US and Irish citizens from birth- meaning they will be elligible to run for president-, but you'll need to get them registered with the US embassy, called Consular Report of Birth Abroad (CRBA). It's a simple case of filling in a form, sending it to the embassy then going in for an appointment few weeks after the birth, where you get the consular birth cert right away and their social secuirty numbers and passports follow in the post.

[gwenneh 7]

Yep, you can get married in the USA. As of three years ago, no visa was needed to enter Ireland if you were married, but that may have changed- I know the EU tightened up on immigration procedures- so do check on that with the embassy.

You still don't need a visa, per se, but you do have to go and register with the garda síochána. It is still free to do for spouses of Irish citizens and takes a few hours.

[lp137 0]

This is such helpful information. Thank you all so much. It's really encouraging to hear from you. It doesn't sound so daunting as I first thought.