DCF Process Issues and Criminal Records

[omaghjoe 0]

Hi there folks,

My wife and I are married 4 years next month and after 5 years of living in N.Ireland we intend to move to USA this autumn. I have dual Irish and British citizenship but will be using the British for the immigration process, and my wife is and an American citizen with permanent residence in the UK. And we have a couple of questions about our pending immigration.

The DCF seems to be the most straightforward route so I think that is the process for us, seems to take 4-6months is that correct?

We have a couple of small issues. First one is that we are going to America in June of this year, should I wait until after we return to begin the process?

Or Alternatively I was thinking can we apply for the visa go through the process before June and enter on the visa in June of this year, and get my visa stamped? Problem is I don't think I will be there long enough to get the green card would this be a problem when I return in the Autumn? And if it is a problem would it be possible for someone to post it to me from America when it arrives and then enter in on it when I return or would the green card have to be stamped when I leave?

Anyway all that is a small problem compared to the next potential one. I am 29 now but when I was 17 I was charged and convicted with minor assault, I was 18 when convicted. The result was a small fine - £150 I think. However I see that for the police check I need records going back to when I was 16. Will this be a problem for me? Will I be able to go through DCF? Will it cause a delay in the processing of the visa, I have read that consulate staff can only approve if everything is above board and that anything unusual will have to go back to USA for processing?

[Penguin_ie 5,997]

For a planned immigration sometime in autumn of 2010, I'd file in March or April; that should get you approved sometime around September (ignore my timeline; Ireland is much faster for DCF than the UK), and then you have 6 months to use the visa. You should still be able to travel to the US on the visa waiver program or a tourist visa as you normally do during the process, jsut bring proof that you will return (lease or home ownership in NI, letter from employer to say when you are expected back etc).

Your second option is also a possibility, but you might be cutting it fine, as if you file now and are on the longer end of the timescale, you could be needing to be in London for your medical and interview around June. But if you do have the visa by then, you can enter the USA on the visa, and you will get a stamp on the visa page of your passport which will act as a temporary greencard for a year until your physical greencard arrives. You will need a reliable US mailing address (family member, friend) where they can send your welcome letter, green card etc, as it will probably arrive while you are back in NI.

The minor assault will show up in the police check. As long as it was not tied to a "crime of moral turpitude" (drugs, sex etc), you'll get a few more questions at the interview but you should be ok.

[omaghjoe 0]

Thanks alot Penguin, you seem to be a fountain of knowledge on these pages.

That has helped my concerns about the criminal record.

I was actually going to use my British passport becasue I thought it was quicker for visas, No? Apart from that the NI jurisdiction issue and always casues problems in the south, so the location of the wedding (NI), police check etc are the type of things that just cause hassle.

Also if it ever came to American citizenship I believe I would have to give up 1 passport is this correct? I pressume this would have to be the one that your greencard is on and I would prefer to keep my Irish so the British it will be.

Also I thought that the American consulate in Belfast could process my application is this correct or do I have to through the London embassy?

Thanks again for your help

[Penguin_ie 5,997]

I am pretty sure you have to file via London/ the UK as NI is part of the UK (no flaming please!), unless you live in the Republic. I am not sure on this but afaik, you can send your paperwork to Belfast, but I know for sure the interview will be in London, Belfast doesn't do immigrant interviews.

You can use whichever passport you want. I actually filed on my Irish passport as that is where we lived, but on my visa it has me as a Swiss citizen, even though the visa is in my Irish passport, presumably because that is my birth citizenship (I have dual Swiss/ Irish citizenship as I have lived in Ireland since age 17).

You don;t have to give up any citizenships unless the other country requires it. My kids have triple citizenship (Swiss, Irish and US), and I will have the same once I go for citizenship.

[elmcitymaven 9,712]

I am pretty sure you have to file via London/ the UK as NI is part of the UK (no flaming please!), unless you live in the Republic. I am not sure on this but afaik, you can send your paperwork to Belfast, but I know for sure the interview will be in London, Belfast doesn't do immigrant interviews.

Just as a heads up, all the paperwork must be sent to London -- Belfast will not accept an I-130.

I agree with Penguin on the timing issue -- it might be too close for comfort to file now if you need to be in the US in June on a trip. Theoretically, you could file the I-130 so that when you need to submit the visa application documents (as opposed to the visa petition, i.e. the I-130), it would be at a time when your interview could not occur during the time you will not be physically present in the UK (like just before you have to leave on your trip). Or you could file now and when you submit your packet 3, you could request an interview for a time after you return to Northern Ireland. London is generally very good at listening to people's requests to delay an interview until after a specific time.

The advantage to doing this last option would be that if you asked for an interview in, say, July, and assuming all is okay with your police record, if you were approved then you would have the rest of the summer and as much of the autumn as you need to wrap up your affairs in NI. As Penguin points out, you have 6 months to use the visa once you get it. And of course filing the I-130 now and not later means you can feel more relaxed about things in general and start sorting out things like the I-864, tax returns, your police report, etc etc.

Just an idea!