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

[Pennycat 880]

Wait does that mean there's no possible way for him to work here before getting the green card? I don't think it's realistic for him to just come here over and over on the VWP and sit around doing nothing. He's come over here a few times on that so I'm familiar, but I was hoping for a better solution.

Are you sure on the specifics? I was under the impression that there would be a way for him to come and work here before the green card is officially approved.

I think what you're thinking of is the fiance visa. Fiance visas allow the foreign national cross the border with the intention to move here (his passport, with the visa waiver program allows him to cross the border visa-free but only with the intention to visit for 90 days or less). Then you must marry and apply for the green card. At the same time you apply for the green card, you apply for a temporary work authorization. Those tend to arrive in 2 months or so.

Depending on your situation, this could be preferable. Right now, the fiance visa process is taking 5 months or fewer, and if you legally marry and apply for a green card right away, he'd be able to work after 2 months or so.

The green card isn't just work permit (though most people use it as shorthand for that). The green card is legal permanent residency. Work authorization is a part of legal permanent residency, but can also stand on its own. The spouse visa is "green card on arrival", and the line for those green cards is long right now. So spouses have to wait abroad while they're "in line" for the green card. The fiance visa allows him in the country, then get into line, and get a temporary work authorization while they wait.

[Pennycat 880]

Ha sorry I didn't see how long this thread was already, it seems you got that answer. It's possible whatever friends you talked to may have been under the impression (that many people are) is that you can just get married, hop on a plane and apply for a green card once you get here. Even if you talked to government people and yes, even USCIS folks on that hotline, they may think the same.

Approximately 0.00001% of Americans who are not immigration lawyers and who have not personally been part of the immigration process understand thing one immigration process. Remember that. Always.

The real truth of the matter is: you cannot cross that border with the intention of moving here (or adjusting status to a legal permanent resident) without a type of visa that allows you to do that. Even if you're already married and even if you're from a country whose citizens are largely free to come and go as they please.

Now, they DO allow for adjustment of status from VWP and tourist visas and student visas and the like because things do happen. People meet future spouses while in college on student visas, people on long visits on tourist visas (every country that doesn't have VWP needs a B2 visa, but can stay for 6 months) either change their minds about the long distance, or become pregnant or what have you, and I suppose VWP folks can change their minds or fall pregnant or get drunk in Las Vegas or whatever. So, good for them I guess (although it is annoying that they don't have to wait abroad). But to cross with that intention, and even worse, to lie about that intention, is immigration fraud. It also happens to be the most frequently advised by laymen form of immigration fraud, and probably the most practiced.

The fiance visas right now are taking about 6 weeks or less to get through USCIS (this has varied wildly over the years but is now concentrated in one office, which has been very consistent), who forwards to the State Department (in the US) who takes about a week or so to forward to your embassy. Then it's 2-3 months depending on the embassy and how quickly you can knock items off the checklist they give to you. That fits into his timeline very nicely-- he'll be able to immigrate whenever suits him. Then if you get courthouse married and apply for the green card immediately, he's looking at 2 to 3 months until he can work which is not bad.

Or you wait to marry in March, apply spousal visa, then wait a year (give or take) to immigrate but he can work on arrival.

[lkerky 25]

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.

There is a lot of misleading information in this post. You cannot travel outside the US without AP when entering on a K1...that's probably why he wasn't allowed back in. That wasn't a risk it was a mistake they made.

I am from Canada, went through the K-1 process. I visited multiple times (4) while the application was processing. I had no trouble.

I also did not wait around for 6-9 months to work after I arrived. I applied for the EAD and AP with AOS and was approved within the 90 window they give. It all depends on how quick you decide to marry once you enter.

We did the K1 because it was faster and we wanted to be back together. It worked for us. Just make sure you understand each route before deciding. Lawyers rarely help nor know the full extent of the process, so don't waste time there.

[2ndMessiah 184]

Just remember, an immediate relative of a us citizen CAN adjust status in country.

A spouse is an immediate relative. But to enter the country with the intent to marry and remain is immigration fraud. A sticky grey area.

[Boiler 45,535]

A non immediate relative can as well.

[KayDeeCee 4,893]

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

This is not from the USCIS because they do not handle visa entry/border patrol. This is from the folks that do handle that >

https://help.cbp.gov/app/answers/detail/a_id/1247/~/travel-while-k-1-fiance%2Ffiancee-visa-pending

You CAN travel with a pending K-1. People do it all the time. See this years long thread > http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/page-90

You need to bring evidence that will help prove you will be returning home.

[lindseyparker12 0]

Thanks so much everyone! That was extremely helpful.

I had another question about the K-1 Visa. I'm a pharmacy student and have no income because I'll be going on full time rotations soon, but I live at home and my father's income more than satisfies this requirement. I'm worried that it might look bad submitting an I-134 with 0 income, and I don't want to waste all the time and money starting this process if I'm inevitably going to be denied.

I'm not sure how well-received having 0 income is going to be even though when my fiance comes here he won't have to pay for any rent or food (since we'll be living at my house), his family in Ireland is willing to send him any money he needs, and hopefully he'll also be getting a job as soon as possible. My father also wouldn't mind pitching in if necessary.

Has anyone else had this problem?

Does my father just have to fill out his own I-134 to submit along with mine and we should be alright? Does anyone know if applications like this are normally approved?

[KayDeeCee 4,893]

Thanks so much everyone! That was extremely helpful.

I had another question about the K-1 Visa. I'm a pharmacy student and have no income because I'll be going on full time rotations soon, but I live at home and my father's income more than satisfies this requirement. I'm worried that it might look bad submitting an I-134 with 0 income, and I don't want to waste all the time and money starting this process if I'm inevitably going to be denied.

I'm not sure how well-received having 0 income is going to be even though when my fiance comes here he won't have to pay for any rent or food (since we'll be living at my house), his family in Ireland is willing to send him any money he needs, and hopefully he'll also be getting a job as soon as possible. My father also wouldn't mind pitching in if necessary.

Has anyone else had this problem?

Does my father just have to fill out his own I-134 to submit along with mine and we should be alright? Does anyone know if applications like this are normally approved?

Your father would supply his own I-134 and supporting documentation, acting as the co-sponsor. He would also need to supply an I-864 as your joint sponsor later, after you are married and filing for AOS. There is a ton of information about co/joint sponsors that you can just search for.