IR-1/CR-1 from E2

[gnralph 0]

This is complicated so please excuse me if I'm not explaining clearly, I'll start from the beginning....

Whilst living and working on a company sponsored L-1 visa in Arizona, I took a trip to New Orleans( fall 2012) where I met my wife to be. She is from New York. I returned back to Ireland in December that year.

I have been over and back to visit her and she has been over and back to visit me every 3-4 months since December 2012, never for more than 2-3 weeks and always traveled on the Visa Waiver Program. My L-1 was still in date but as I was not travelling for work reasons I applied and got the Visa Waiver just to keep things all 100% legal and above board. The L-1 has now expired.

We got engaged December 2013

Wedding date was set for November 2014

Applied for the K1 visa in April, this looks now like it was too late in applying. We had discussed postponing the wedding but she was very much against the idea as there was so much organizing and payments made for it, in hindsight we really should have but hindsight is a wonderful thing Decided we would cancel it in late September/October, just incase we had a small chance of it coming through on time.

All along i have been trying to get a company to sponsor me to work over there as we want to hit the ground running but unless you have a valid working visa its very very difficult

However there has been major developments in the past week.

On Thursday I shook hands and verbally agreed a job based in New York(sweet) with a company who will get me an E2 visa. On Monday we received our NOA2 on the K1 visa.

The NOA2 for the K1 visa is almost certainly too late.

That brings us up to date.

Today I am supposedly receiving the contract for the job in New York, then applying for the E2 visa. I've read this visa only takes a few days.

Once that is in hand we will cancel the K1 application(currently at the NVC)

This is where is gets messy.....

Do I

• Fly to New York for the Wedding on the E2, get married and remain there for the duration of the E2?

or

• Fly to New York on the VWP, get married, return to Ireland and fly back on the E2?

later down the line....

• Can my wife apply for an CR-1/IR-1 whilst I'm living and working in the US? - PLEASE NOTE - we might move to Ireland, nothing is definite on staying in the US at this point.
• I've read that an adjustment of status is a no-no and can be seen as fraud. Is this true in this situation?

Apologies if I'm posting in the incorrect section, I'm crossing 3 different visa types and my brain is fried here!

Appreciate any help or advice. Thanks

[Penguin_ie 5,994]

***** Moving from CR-1 spousal visa to What Visa Do I need forum ******

The main issue I see is that the E2 is not a dual intent visa, ie you are not supposed to get it if you have immigrant intent. You have a K1 pending, thus clearly you intend to immigrate, and so I believe there is a good chance your E2 will be denied. Definitely do not cancel the K1 until you have the E2 in hand (NOT just verbal approval mat the embassy, as they may change their mind- passport back with visa in it).

What I would suggest is that as soon as your paperwork for the K1 is on the way to the embassy, call them and explain the situation, and ask that they keep you in mind for any cancelation appointments. The embassy in Dublin tends to be quite flexible. Get your medical dona asap and be ready. Of course, when arriving on the K1, you won;t be able to work for 2-3 month, which is an issue with the pending job offer.

Edited September 24, 2014 by Penguin_ie