Ireland to US... confused!!

[kmbrady 0]

Hello everyone,

I am somewhat new to this forum, have been reading loads but haven’t posted yet – so let me introduce myself and my situation. I am a US citizen and have been married to an Irish citizen for 8 months now. I moved to Ireland and got my residency here to be with my husband until we can figure out how he can live and work in the US. We are trying to get back to Texas where all my family are ASAP and I am so confused as to what I need to do and if I would even be able to apply due to lack of income.

So far, what I have understood from reading on the US visa website and this website is that no matter which route I take, first step is mailing in the I-130 petition and then wait for that to be approved before we file for which visa we want and pay fees etc. I want to start the process ASAP but I don’t want to start the process or spend the money if I’m not sure I even meet the criteria. We currently do not have a steady salary even close to 125% of poverty guidelines and neither do either of my parents (who we will live with at first).

Question 1: Do all routes require an affidavit of support? I didn’t read about this when looking at K3 visas, only when I looked up the IRI?

Question 2: Would I be able to compile multiple family members income as support? And would a family member be able to put down assets (house owned) to meet requirements?

Question 3: Does the I-130 petition process just include mailing 1 form with supporting documents (birth cert, marriage cert, etc)?

Question 4: What is the quickest process (K3 or IRI) for my husband to be able to live and work in the US and what is the estimated time for each?

Question 5: I read that applying for either K3 or IRI is just to get to the US quick while the I-130 is pending, but that it is not necessary to apply for either if I just want to wait in Ireland while the I-130 is processed and we receive the green card. Is this true? If so, how long does the I-130 to green card process take so that I know if I can wait that long or want to apply for K3 or IRI?

I apologize for having a lot of basic questions, I have read through the forum and the website to find many answers and have gotten some knowledge from that so far but just need these clarified. Thanks to anyone who attempts to answer any of these questions!

[together4evr 360]

You have to have 1 sponsor that meets the income requirements with USA income.

If you use your assets they must be 3 times the expected income...so need to be worth close to 60,000 american dollars.

If you use his assets they must be worth 5 times the expected amount so close to 100,000.

To use a fmaily members home as an asset requires them to get an appraisal and a few other costly things but it can be done.

Does Ireland still have DCF-Direct Consular filing? If they do and you have been there 6 months with him then that is the quickest way. But many places stopped DCF in August so please check into it.

Some people say the K3 doesn't really work anymore but sometimes it is accepted at your embassy and the CR-1 is much better because he can work within a few weeks of getting to USA. With the K visa is costs alot more and he cannot work for like 3 months?

Good Luck

[Penguin_ie 5,995]

Hi there!

I'm from Dublin, though living in Arkansas now with my US husband. We did a similar thing of him coming to Ireland first as it is so much easier. Unfortunately, DCF (filing directly with the embassy) isn't an option anymore for Ireland, so ignore my timeline of 6 weeks- your process will take 9-12 months. Ignore the K3, it is obsolyete, you will file for the CR-1 witht he I-130 form you mention.

1. Yes, the affidavit of support is non-negotiable.

2. No, unless they live int he same household (usually husband and wife). But the co-sponsor does not need to be a family member: a friend, church family or former co-worker can co-sponsor too. Yes they can use assets, it would need to be 5 times as much as income (so if the income is $5000 short, they'd need $25'000 in assets to make up for it. Assets must be easily liquidated without undue hardship, so an only home is often not counted, but a rental propery, shares, savings, second car etc would be.

3. No, there are also bio forms etc. Have a read of the VJ guides, they tell you all the forms and other stuff you'll need, and what to expect at which stage: http://www.visajourney.com/content/i130guide1

4. You will be getting a CR-1, as the IR-1 is for those married over 2 years. Hopefully your process won't take that long! The CR-1 is preferable to the K3 as it leads to an immediate greencard upon entry to the USA, so can work etc, plus cheaper in the long run as no paperwork for Adjustment of Status in the USA. Additionally as mentioned above, the K3 is usually administratively closed at NVC stage, so rarely an option anyway.

5. You are confused. The K3 used to be faster, and then you did some of the process (Adjustment of Status) in the USA. It is no longer faster. Your husband will need a visa to immigrate to the USA, ie the CR-1, and this will get him an immediate greencard when he enters the USA, around 9-12 months from when you petition him by sending in the I-130 (he has 6 months to use the visa if he isn't ready immediately). He can travel to the USA on the visa waiver program during the process, so you can still visit your family, go to job interviews etc.

[realizment 18]

If you have been a resident there for a period of time over 6 months, i believe you can file directly trough the embassy, thus speeding things up quite dramatically. im not 100% on that but this is my belief!

[Penguin_ie 5,995]

If you have been a resident there for a period of time over 6 months, i believe you can file directly trough the embassy, thus speeding things up quite dramatically. im not 100% on that but this is my belief!

No. not anymore- that option went away for most countries, including Ireland, in August this year.

[kmbrady 0]

No. not anymore- that option went away for most countries, including Ireland, in August this year.

Thank you so much for your insight! As for the affidavit of support, I understand that doesn't need to be sent out till later so I could go ahead and send in the petition and then find a sponsor - is that correct?

I'm thinking maybe I'm understanding the required income wrongly. I understand its to be 125% of the poverty guidelines... and then when I look at the guide online, it has a list of the minimum income requirement based on household size - is this just dependants or does it include everyone? And would I include myself and my husband?

Here's my situation: My parents currently have 6 people total living in their house, my eldest brother does not claim as a dependant and supports himself.Which household size would their income need to meet?

Thanks again

[Penguin_ie 5,995]

Yes, you won't need to send financial docs until NVC stage, about 5 months down the line.

It's 125% of the poverty line for the household, which includes dependants. Usually, this means spouse, all minor children and anyone claimed as dependant on a tax return. You would include your husband as the beneficiary, but not yourself, unless your dad claims you on his taxes.

It sounds like your household size would be your husband + you= 2 = $18'387

Your dad's household size would be dad+ mom+ 3 kids (brother does not count as adult, not dependent/ not claimed on taxes)+ immigrant= 6 = $37'487 (note that these figures are likely to go up a little next year, but not much)

[kmbrady 0]

That really helps, thanks a lot... that makes meeting the income requirement easier! I guess I'll go ahead and post the I-130 out for now and get the process started!