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JennyJay

Using Irish vs British citizenship to immigrate to US

By JennyJay in IR-1 / CR-1 Spouse Visa Process & Procedures

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26 posts in this topic

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Boiler Grand Master

Boiler   45,740

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Yes you can.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,740

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

No AoS on CR1

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

JennyJay Rookie

JennyJay   1

Posted
Filed: Country: United Kingdom
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Posted

No AoS on CR1

So, to be clear, I could apply for H-1b at the start of April and have a decision by October for definite, using premium processing if necessary (providing the employer would be willing to pay the fee). I could also apply for CR-1 after we are married. If H-1b is denied, I still have the CR-1 in progress but would just have to wait longer. If H-1b is approved, I can start work in the US and once there, adjust status to CR-1.

Is this right, or do you mean (above) that you can't adjust status to CR-1?

Also, if H-1b is approved and by that stage we are married, does that change things? Is it ok to say in the visa interview or at point of entry that I intend on adjusting my status - I mean, presumably they'll know/find out that I'm married to an American so it would be ludicrous to pretend I'm not planning on adjusting status.

Sorry for all the questions - just want to get this totally straight in my head before beginning the process as there's a lot of time and money involved and the info available elsewhere is so vague. I am really, really grateful for your help.

PaddyOTG Rookie

PaddyOTG   4

Posted
Filed: IR-1/CR-1 Visa Country: Ireland
 Timeline
Posted (edited)

So, to be clear, I could apply for H-1b at the start of April and have a decision by October for definite, using premium processing if necessary (providing the employer would be willing to pay the fee). I could also apply for CR-1 after we are married. If H-1b is denied, I still have the CR-1 in progress but would just have to wait longer. If H-1b is approved, I can start work in the US and once there, adjust status to CR-1.

Is this right, or do you mean (above) that you can't adjust status to CR-1?

Also, if H-1b is approved and by that stage we are married, does that change things? Is it ok to say in the visa interview or at point of entry that I intend on adjusting my status - I mean, presumably they'll know/find out that I'm married to an American so it would be ludicrous to pretend I'm not planning on adjusting status.

Sorry for all the questions - just want to get this totally straight in my head before beginning the process as there's a lot of time and money involved and the info available elsewhere is so vague. I am really, really grateful for your help.

Have you looked into DCF. (Direct Consular Filing) the CR-1? The process is a lot quicker than regular filing. That might be another option as the London Embassy offers this! Edited by PaddyOTG
JennyJay Rookie

JennyJay   1

Posted
Filed: Country: United Kingdom
 Timeline
  • Author
Posted

Have you looked into DCF. (Direct Consular Filing) the CR-1? The process is a lot quicker than regular filing. That might be another option as the London Embassy offers this!

Unfortunately we don't qualify as my fiance is in the US. Thanks for the suggestion, though smile.png.

Boiler Grand Master

Boiler   45,740

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

H1b is dual intent, many people using it subsequently immigrate, through sponsorship from Employer or occasionally family.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

rocketman Contributor

rocketman   6

Posted
Filed: IR-1/CR-1 Visa Country: Germany
 Timeline
Posted (edited)

I will cite an experience from my family. My cousin married (then an LPR) married a person who came to the US on an h1b after they married. Then once my cousin became citizen, he adjusted his status to get green card (i-130 & 485). It's legal and ethical since H1b is a dual intend visa. You do not have to prove non-immigration intend. Being said this, I am not sure how your situation would turn out since you plan to do two things at same time. Is your employer willing to sponsor h1b? It will cost them lots of money to do that. Also keep in mind that you need to send the application such that it reached USCIS on April 1st. Usually they get more than the 65000 quota by 1 to 2 days. So if you plan to do, be prepared very early so than when times comes everything is ready.

Edited by rocketman
  • 2 months later...
Maryst Newbie

Maryst   0

Posted
Filed: Timeline
Posted

Hello. I doubt I can help. But I live in Bemidji and immigrated from Switzerland. We married in the US and started the immigration process after I was back in Switzerland. It took about 6 months which meant 6 months of separation. Good luck to you and I hope you'll like it here.

2ndMessiah Rising Star

2ndMessiah   184

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Why muddy the waters with a another visa type. H1B visa's come with their own restrictions/requirements/problems that you might not be able to comply with and add to your stress levels. Your situation is your getting married (congratulations by the way) in April. You file paperwork. The journey begins. Separation is inevitable but visits on VWP are possible.

Thank you, goodnight and may your gods go with you",

Dave Allen.

 
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