Marrying an Irish citizen... need help with the Green Card process!

[lindseyparker12 0]

You can get misinformation here as well, this is an example. Many people visit during the process on the VWP, I did.

Ok that's good to know. I've been reading some of that book DUB2BNA posted and it mentions that sometimes it can look suspicious because they're worried about people coming over and marrying/ coming over and staying. It's clearly not a dealbreaker for everyone though since you were fine! I get the impression that as long as you follow the rules they wouldn't hold you accountable for just visiting.

I guess we'll cross that bridge when we get to it!

[Hypnos 6,576]

One crucial thing to remember: once you file the I-129F, your fiance can't visit the U.S. at all (even on tourist visa aka visa waiver program) until he is moving over, visa in hand. Doing so will void the application and you'll have to start all over again with the filing fees and starting at the back of the application queue.

100% nonsense. Maybe 110%.

Where do people come up with this?

Edited January 8, 2016 by Hypnos

[JFH 12,190]

Ok that's good to know. I've been reading some of that book DUB2BNA posted and it mentions that sometimes it can look suspicious because they're worried about people coming over and marrying/ coming over and staying. It's clearly not a dealbreaker for everyone though since you were fine! I get the impression that as long as you follow the rules they wouldn't hold you accountable for just visiting.

I guess we'll cross that bridge when we get to it!

Everyone looks suspicious to the CBP officers until they can prove to their satisfaction that they are not suspicious. That's their job - treat everyone with suspicion and assume that every foreignor that arrives on US soil is doing so with the intention of staying there illegally.

Keep yourselves watertight. Have a return ticket booked and evidence of a need to return home after the visit (in this case his studies) and there is no reason why he will be denied entry for a visit, assuming he satisfies all other criteria of VWP entry.

[IamIan 14]

I have a cr1 processing at the moment and spent 3 months over in the U.S. on the visa waiver programme. It's no issue at all, especially coming from a low risk country like Ireland. The only issue I had was because I was staying so long, they wanted to see proof I could support myself for three months. Either cash or bank statements. I had neither so they took me aside and called my wife to confirm who I was etc and had a visa processing. So actually, having a green card in process actually helped here. Bare in mind this was at LAX and they're renowned ####### there.

[RJS7 5]

Maybe I can help a little op. I'm Irish and my wife is a USC and we both live in Ireland. We got married in OH last year and filed our I-130 petition (spousal visa) with USCIS in December. Got our NOA1 on 17 December so the ball is rolling (however slowly)

The reason why we went spousal rather than fiancé visa when we thought about a visa many months ago? Simple, I wanted to be in a position to work as soon as I land in the US. For me the risks associated with not being able to work asap outweighed the foreseeable visa process being quicker with a fiancé visa. However, everyone has their own priorities.

Best advice I can give at this point in your visa journey is to read the guides and clearly understand the ins, outs, pros and cons of either visa and figure out what is best for you both in your own circumstances. I know you are looking into a crystal ball a bit but nothing is without risk and all you can do is make the best informed decision you can for both you and your significant other.

As regards travelling on VWP while visa application is in process, this is something I will personally test in May 2016 when my wife and I intend to travel to OH to visit her family as we have done regularly over the past 5 odd years. I am not worried about it. My intent to be able to convince the immigration and customs official that will be returning to Ireland in 2 weeks (which is true). I'll bringing what docs I can to prove this (employer letter, recent utility bills on both our names etc). This is in line with virtually everything I have read on this site.

Keep in mind point of entry when coming from Ireland is Dublin airport, not the US airport you land in. Consequently, it is mostly US and Irish citizens passing through so the risk of potential fraud is relatively low. Nevertheless, be prepared to prove to the official of your bona-fides everytime you pass through. That's my rule of thumb.

For example, when travelling to OH to get married I told the official at Dublin airport that I was travelling to get married and that my wife and I were both returning to Ireland afterwards. He asked if we both lived in Ireland and I truthfully said yes. He also asked what line of work I am in and once I truthfully answered that I was on my way. I had various documents to prove I was coming back but he never asked for any proof to my answers.

Hope this helps.

[Avery Cates 1,141]

One crucial thing to remember: once you file the I-129F, your fiance can't visit the U.S. at all (even on tourist visa aka visa waiver program) until he is moving over, visa in hand. Doing so will void the application and you'll have to start all over again with the filing fees and starting at the back of the application queue. You can, however, go visit him. I have a friend whose fiance (now husband) was a Canadian and this is what her lawyer advised.

Haha what?

Disregard what that lawyer from Canada said, he was clearly drunk on poutine.

[Seraph1 1]

Hi there. My now husband is from Dublin. He just moved here in August. However if you can view my timeline... You can see that at least for us the fiancée process went very fast. We filed at the very end of December last year and I believe the Dublin embassy received our packet early Febuary. My husband could have probably moved last March, but due to his work, he moved in August. So for us, it went fast. I know we were lucky in that our petitionwas sent to the California service center, but it doesn't always take 9 months. Additionally,my fiancé definitely visited me on the vwp after we had filed for the fiancée visa.

Edited January 8, 2016 by Seraph1

[Boiler 45,558]

Poutine

Dish

Poutine is a Canadian dish, originating in the province of Quebec, made with french fries and cheese curds topped with a light brown gravy.

Looks interesting, is there another ingredient that makes you drunk? I am going to guess it does not pass the healthy test.

[irish1 4]

You can get misinformation here as well, this is an example. Many people visit during the process on the VWP, I did.

Boiler, Did you enter on K-1 or CR-1?

I know visiting on the VWP is not a problem on CR-1. I have been told by more than one person, including a friend who JUST went through the K-1, that it's not possible on the fiance visa.

Lindsey, we decided to go spouse for a few reasons. Mainly because the K-1 is so restrictive. For my fiancé, being able to work is crucial. He does not want to move here and wait around 6-9 months after he's in the US and we are married, but before he receives work authorization. My friend's Canadian fiance tried to travel to Canada to visit family during this period. When he tried to come back in the US, he was hit with a $2k fine and told he couldn't enter the US. Example of a risk you take. They had used a lawyer who helped them out of it.

The other reason we decided against K-1 is due to the visit limitations, while waiting on the petition to be approved, that may or may not be true. He travels to the US for work every few months. Any entry into the country puts you at the mercy of the customs officer you meet at point of entry. There are no clear written statements by USCIS confirming VWP is feasible, and it's an expensive risk we're not willing to take.

I know I'm walking the conservative line when it comes to the rules but we can't afford any setbacks or misinformation.

I would hug the person who could show me in writing where USCIS confirms VWP on the K-1 visa is approved.

[Ryan H 3,812]

The other reason we decided against K-1 is due to the visit limitations, while waiting on the petition to be approved, that may or may not be true. He travels to the US for work every few months. Any entry into the country puts you at the mercy of the customs officer you meet at point of entry. There are no clear written statements by USCIS confirming VWP is feasible, and it's an expensive risk we're not willing to take.

I know I'm walking the conservative line when it comes to the rules but we can't afford any setbacks or misinformation.

I would hug the person who could show me in writing where USCIS confirms VWP on the K-1 visa is approved.

As others have rightly pointed out, this notion of "visit limitations" while a K1 petition is pending is nothing more than pure baloney. You make your own decisions but don't needlessly scare others with this incorrect information.

The reason why you won't see any clear written statements from USCIS about visiting while petitions are pending is they have nothing to do with border control. Immigration entry inspection into the US is the exclusive purview of US Customs and Border Protection (CBP).

**Moderator hat on**

***Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum. Topic now involves discussion regarding two different paths.***

Edited January 8, 2016 by Ryan H

[JFH 12,190]

Boiler, Did you enter on K-1 or CR-1?

I know visiting on the VWP is not a problem on CR-1. I have been told by more than one person, including a friend who JUST went through the K-1, that it's not possible on the fiance visa.

Lindsey, we decided to go spouse for a few reasons. Mainly because the K-1 is so restrictive. For my fiancé, being able to work is crucial. He does not want to move here and wait around 6-9 months after he's in the US and we are married, but before he receives work authorization. My friend's Canadian fiance tried to travel to Canada to visit family during this period. When he tried to come back in the US, he was hit with a $2k fine and told he couldn't enter the US. Example of a risk you take. They had used a lawyer who helped them out of it.

The other reason we decided against K-1 is due to the visit limitations, while waiting on the petition to be approved, that may or may not be true. He travels to the US for work every few months. Any entry into the country puts you at the mercy of the customs officer you meet at point of entry. There are no clear written statements by USCIS confirming VWP is feasible, and it's an expensive risk we're not willing to take.

I know I'm walking the conservative line when it comes to the rules but we can't afford any setbacks or misinformation.

I would hug the person who could show me in writing where USCIS confirms VWP on the K-1 visa is approved.

Get ready to hug Boiler. It was a K-1 visa and anyone can show you that visits are permitted but I'm sure Boiler will happily tell you about it.

[yuna628 9,677]

Boiler, Did you enter on K-1 or CR-1?

I know visiting on the VWP is not a problem on CR-1. I have been told by more than one person, including a friend who JUST went through the K-1, that it's not possible on the fiance visa.

Lindsey, we decided to go spouse for a few reasons. Mainly because the K-1 is so restrictive. For my fiancé, being able to work is crucial. He does not want to move here and wait around 6-9 months after he's in the US and we are married, but before he receives work authorization. My friend's Canadian fiance tried to travel to Canada to visit family during this period. When he tried to come back in the US, he was hit with a $2k fine and told he couldn't enter the US. Example of a risk you take. They had used a lawyer who helped them out of it.

The other reason we decided against K-1 is due to the visit limitations, while waiting on the petition to be approved, that may or may not be true. He travels to the US for work every few months. Any entry into the country puts you at the mercy of the customs officer you meet at point of entry. There are no clear written statements by USCIS confirming VWP is feasible, and it's an expensive risk we're not willing to take.

I know I'm walking the conservative line when it comes to the rules but we can't afford any setbacks or misinformation.

I would hug the person who could show me in writing where USCIS confirms VWP on the K-1 visa is approved.

Those friends are wrong. The lawyer is wrong too.

You need to head on over to the Yes, you can visit thread that has been going strong for years. http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/ There is absolutely nothing preventing a person from visiting on the VWP while a K1 or a CR1 is pending provided you have proof of returning home. The CBP's own website freely admits this, with the provision the person may be more scrutinized (of which I suspect it is no more than when they are scrutinized by saying they are in a relationship with a USC to begin with) and the CBP has demonstrated numerous times through the hundreds of accounts here, it rarely becomes a problem.. no more a problem than it would be on any regular day. Do some persons get turned back? I'm sure. But so they do on any other day too. So while you don't want to have misinformation, you're providing misinformation here. There's been many a fiancé terrified of visiting while this process is ongoing and have thought it not possible - but it's simply not true. I've many friends here from a lot harder countries than IRE visit while a K1 in progress just fine. The USCIS has nothing to do with the CBP, so you will never see a peep from them regarding confirmation.

I'm sorry that the fear of this has pushed you away from seeking a K1, but even if the fiancé was turned back it would not affect the K1 either.

[teeak 224]

Lindsey, we decided to go spouse for a few reasons. Mainly because the K-1 is so restrictive. For my fiancé, being able to work is crucial. He does not want to move here and wait around 6-9 months after he's in the US and we are married, but before he receives work authorization. My friend's Canadian fiance tried to travel to Canada to visit family during this period. When he tried to come back in the US, he was hit with a $2k fine and told he couldn't enter the US. Example of a risk you take. They had used a lawyer who helped them out of it.

Your friend's Canadian fiance travelled to Canada while waiting to receive his AP/EAD authorization? It's quite common knowledge that if you leave the country without advanced parole, your application will be considered abandoned and you will need to start over with the spousal visa.

I believe it usually takes about 3 months to receive the travel and work authorization.

[DJ6372 111]

At the end of the day its up to you which way you want to progress, K-1 or CR-1, whichever suits you both the best

But the main point is nether are quick, K-1 is quicker by a couple of months to get your partner to the USA but then you have to get married and adjust, there is more faffing about to do Stateside

Or you get married first and apply straight away

I did it the 2nd route, got married in Chicago on an ESTA, returned to the UK and carried on working, I visited on an ESTA till my Visa came

Which ever way you chose the advice on here is good, ignore the scare stories, there will always be someone who has a hopeless case and blames the Immigration service lol

Good luck with your journey

edit removed swear word lol

Edited January 8, 2016 by DJ6372

[Boiler 45,558]

I am getting a Hug!

For the newbies if you look on the left where you see the persons posting name it shows below what visa type they applied for.

Also if you go on to say the London Consulate web site it says who is eligible to use the VWP and who is not, and K1 etc is not an exclusion.