Information about UK citizen living in Dublin Ireland

[leviathani 0]

Does anyone know if I, a UK citizen by birth, can live in Ireland with USC spouse, and go through DCF route for CR-1 visa?

[Nich-Nick 3,354]

Does anyone know if I, a UK citizen by birth, can live in Ireland with USC spouse, and go through DCF route for CR-1 visa?

You could if Dublin had a USCIS office, even though you are a British citizen, as long as you both resided in Ireland. However DCF is not available in Dublin. See their webpage for confirmation http://dublin.usembassy.gov/mobile/filing_i-130_petitions_overseas.html

[leviathani 0]

Is there another EU country I can do this in?

[Nich-Nick 3,354]

Is there another EU country I can do this in?

Try this USCIS list. https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

Many have a minimal residency period, so moving, getting residency documents for the American, and then waiting 6 months before you can apply might deflate your scheme.

[leviathani 0]

basic situation is that we assumed that we would be able to get him residency here to live in the UK with me but now cannot adjust his visitor visa, we'd like to go back to the USA together to re-establish domicile, but it seems unlikely now.

sorry state of affairs really.

[Nich-Nick 3,354]

There are requirements in place so an American can't just go on holiday and say they "live" abroad simply to shortcut the immigration wait time. It is truly intended for married folks who have been together living and working abroad.

[yuna628 9,697]

basic situation is that we assumed that we would be able to get him residency here to live in the UK with me but now cannot adjust his visitor visa, we'd like to go back to the USA together to re-establish domicile, but it seems unlikely now.

sorry state of affairs really.

Has the USC applied for a spousal visa for the UK citizen to join/immigrate them in the USA? Or.. Is the UK citizen unable to apply for their USC spouse to immigrate to the UK with them because of the current UK rules? In either situation the USC would have to return or be in the USA to apply for their spouse to immigrate or for their UK spouse to apply for them. The UK rules are quite tough these days, and there would be a variety of residency requirements for the USC to have free movement into the EU. I believe the UK citizen must have a period of residency in the EU country before they can bring their spouse, and that spouse must have residency in that country for a period of time, before I think a DCF could be attempted (if it's even possible). Even the Ireland Singh route takes a lot of guidance and time, and I don't believe would give the ability to DCF anyway. The simple solution, if you want to move to the USA with the spouse, is to have the spouse return to the US, and apply for a spousal visa. Unless you meet the requirements of the UK immigration rules, your USA spouse has no recourse to living in the UK with you, because they are a non-EEA. Decide where you want to live together first, but be aware you will most likely have to be separated for a time.

Edited April 12, 2016 by yuna628

[leviathani 0]

We actually didn't intend to go back to the USA for quite some time, we intended to enter here as a visitor (I was in the USA visiting for 90 days) and then adjust to a spouse visa so we could live here for some years, but that isn't how it worked out. I think we will try the CR-1 visa route with chicago lockbox and hope that everything gets done ASAP (like everyone else does). I realise that not being seperated for the next 5 months that he is legally allowed to stay here is a better situation than most people get anyway, so I should count myself lucky, however I feel that we may be denied my CR-1 visa due to the fact that he left his job to move here to the UK with me, and we are now living off my income..

The reason he is unable to reside here in the UK is due to the current law of not being able to change from a visitor visa to any other visa. This is because he agreed to leave the UK at the latest time of 6 months after arrival by accepting the visitor stamp in his passport upon entry.

[elmcitymaven 9,712]

Please note it is not just a "current" law that a visitor to the UK cannot adjust to a spousal visa. I met my former spouse at the tail end of 1995 in London, and after my working holidaymaker visa expired, we went together to the US to get married, and so I could apply for the UK spousal visa from there. It was only then that I could re-enter so that I could settle as a spouse. This law has been in place for at least 10 years, and I suspect much longer. Like you, we had no idea at the time we got engaged that I couldn't just stay after we married, but we didn't have such luxuries as VJ or even Google back then to find this out. A brief visit with a solicitor in London who specialized in such matters set us straight.