Dating Irishman for a year....what to do next?

[americaninlove 381]

Not really sure why I'm writing here, but need some advice if anyone is game. Met this man a year ago when traveling overseas for business (I am an american). Had a fun weekend, stayed in touch by text for a few months, and then on a whim he came here to see me and that's when things changed. Since then we have gone back and forth to see each other every 4-6 weeks for a week at a time, facetime every night, text every day...it is wonderful, but it's a VERY long distance relationship and one that is made infinitely more complicated by the non-US citizen issue (not to mention the cost of all this travel!). I would move there in a heartbeat, but I have two teenagers so that's not happening for another several years. He would move here, but obviously cannot just come and move in with me without taking a BIG next step. So what do people do in this position? We are both divorced...not opposed to marriage again, but do people do that without even living together first? Are there any other options? We are in love, but this is complicated (or maybe love is always complicated??). Any advice would be helpful. Does this ever work? If we do decide to jump into this, what's the next step?

[KULtoATL 1,551]

Well, there's no visa for him to just move there without taking the next big step or to have a feel of living in the US. 

 

If you intend to marry each other, then go for the K-1 visa. It will take about 6-8 months till visa is in hand. However, you guys must get married within 90 days upon his entry into the US with his K-1 visa. After marriage, he will need to file for AOS + EAD + AP. Cannot work without an EAD. Down the road, there will be ROC and naturalization.

 

Now if you choose to get married first and only to petition him for a CR-1 spousal visa, that would take between 12-14 months till visa is in hand. He will be admitted into the US as a conditional PR and can work immediately. A CR-1 will still require him to ROC and apply for naturalization subsequently.

Edited August 28, 2017 by KULtoATL

[americaninlove 381]

Thank you. So, just so I'm clear, the options are that he could move here with a K1 visa and live here for three months without us getting married, but he can't work at that time. 

 

Or we can get married right away either after he comes on the K1 visa or married first and then petition for him to come in as a spouse? And then either way he could work right away? He wants to work right away. That's very important to him especially because he does not have friends here. 

 

With rhe CR1 spousal visa, can he not move here until the visa is in hand? Or can he move here and wait for the visa?

[KULtoATL 1,551]

6 minutes ago, americaninlove said:

Thank you. So, just so I'm clear, the options are that he could move here with a K1 visa and live here for three months without us getting married, but he can't work at that time. 

 

Or we can get married right away either after he comes on the K1 visa or married first and then petition for him to come in as a spouse? And then either way he could work right away? He wants to work right away. That's very important to him especially because he does not have friends here. 

 

With rhe CR1 spousal visa, can he not move here until the visa is in hand? Or can he move here and wait for the visa?

He cannot stay in the US for 3 months without getting married when he enters with a K-1 fiance visa. K-1 requirements are:

 

1) Meet within the last 2 years preceding the petition filing date.

2) MUST get married within 90 days after the foreign beneficiary's entry into the US with a K-1 visa.

 

For a CR-1 spousal visa, you guys can get married anywhere you want and then you file the petition for him to apply for a CR-1 upon petition approval. During the petition pending approval, he must remain outside the US. Visiting with his ESTA or a B2 is fine, just no long term stay in the US to wait to get the visa.

Edited August 28, 2017 by KULtoATL

[KULtoATL 1,551]

You choose ONE type of petition/visa only. Either you choose the I-129F/K-1 OR I-130/CR-1. You do not need to apply for two visas. So choose wisely. K-1 route is faster but he cannot work till he gets his EAD. That's the only downside. If being able to work immediately is important, then apply for a CR-1 albeit twice as long as the K-1 processing.

 

ETA again: Both K-1 and CR-1 are processed at the foreign beneficiary's local US embassy/consulate where he/she is a legal resident. 

Edited August 28, 2017 by KULtoATL

[americaninlove 381]

Thank you...yes, I understand you only file for one. I meant that with the K1 visa he can come and live for three months (90 days) before getting married, but then it sounds like he cannot work during that time. So I suppose the only options are to file for the fiancé visa, wait for the visa, he moves and we marry right away so he can look for work. Or, get married, file for the spousal visa, wait for that (could be a year?) and then he moves and can look for work. 

 

So romantic when you spell it out like that, huh? Thanks for your help

 

Two more quick questions--are there any restrictions to leaving to go back to Ireland after moving here with either visa if he needs to go back to visit family?

 

If he is an Irish citizen but lives in France does he file in France or Ireland? Thank you again!

[Coco8 1,042]

If he works for an American company, he could he if it would be possible for him to get transferred to the US. Then, you could move to the US city where he had to worked. Otherwise, the options are fiance or marriage. I would suggest marriage and then visa because (1) due to your information you two seem to be "older" (not in your 20s) so having a green card when he comes and be able to be independent would be important (2) it is cheaper and it avoids a lot of paperwork during the first year. 

 

You could go to Ireland and marry, or he could come to the US and marry (then go to his country).

[Boiler 45,516]

K1 once you file it will take 3 or 4 months before he can travel or work.

 

Living in France would process in France.

[KULtoATL 1,551]

13 minutes ago, americaninlove said:

Thank you...yes, I understand you only file for one. I meant that with the K1 visa he can come and live for three months (90 days) before getting married, but then it sounds like he cannot work during that time. So I suppose the only options are to file for the fiancé visa, wait for the visa, he moves and we marry right away so he can look for work. Or, get married, file for the spousal visa, wait for that (could be a year?) and then he moves and can look for work. 

 

So romantic when you spell it out like that, huh? Thanks for your help

 

Two more quick questions--are there any restrictions to leaving to go back to Ireland after moving here with either visa if he needs to go back to visit family?

 

If he is an Irish citizen but lives in France does he file in France or Ireland? Thank you again!

If you go the K-1 route, upon marriage, he'll need to file for AOS. When doing so, he can file EAD and AP concurrently and the EAD and AP fees would be waived. EAD is for employment. AP is to enable him to re-enter the US after traveling overseas while his AOS is still pending approval. If he already has his green card, he doesn't need to use the AP anymore instead just his valid passport and green card.

 

Now if you go the CR-1 route, he'd already be a conditional PR upon admission into the US and has the I-551 stamp in his passport. With that, he can freely travel and re-enter with a valid passport and the I-551 stamp. If he already has his green card then of course his valid passport plus the green card.

 

If he is currently living and working legally in France, his visa application will be processed in France. On the other hand, if he is already planning to move back to Ireland permanently in the near future, then list Ireland as his processing embassy.

 

 

[Roel 7,192]

Once he came in on the K1 visa and after you get married, you need to file AOS for him (1000$ +). The AOS paperwork include the petition for the work permit. It will take about 3 to 4 months from filling to receive that permit. Then about a year to get a green card.

 

It's a big commitment so just be sure you two want to get married. K1 visa is not for people who want to check of they want to stay together, you gotta be commited.  

[EandH0904 1,184]

It sounds from what you're describing that getting married and doing a cr1 would be best for you. You can get married anywhere you want, and keep doing your visiting however often you want (I only visit my fiance every 5 months, it's too expensive) while your visa is being processed.  The cr1 takes 12 months ish. So he can't stay here full time until then of course. But once he gets the visa he can work and travel freely from day one and y'all can visit in the meantime. 

[LionessDeon 2,060]

http://www.visajourney.com/content/compare

[Dutchster 1,107]

Agree with posters above. CR-1 seems like a better option for both of you. There will be no hassle of doing adjustment of status and he can work upon entry in the US and live with you. 

I find often that people think the K-1 is a great solution to see if it works out in those 90 days. Even TV shows like 90 Day Fiance makes it look like that. It's really not the case. Once you apply for the K-1 visa (I-129F petition), you already have to be determined to get married to each other. I mean, I would expect you to know it's going to happen if you apply for it?  The reason you get the 90 days, is that it gives you some room/time to file adjustment of status while staying in legal presence. Not to see if it works out. 

Edited August 28, 2017 by Dutchster

[americaninlove 381]

Thank you that does make sense. So just so I understand, you can get married anywhere (US, Ireland, France) and then apply for the CR-1 visa. That takes about a year, he can visit in be US anytime he wants during that time (and stay up to 3 months at a time on a tourist visa). Once his visa is approved he can come right away, get work right away, and go back to Ireland anytime he needs. I think that sums it up?

9 hours ago, KULtoATL said:

During the petition pending approval, he must remain outside the US.

Can you just explain the above? Does this mean he cannot come on a tourist visa in that year he is waitingflr the approval? 

 

Thanks again for all your help. No idea what to do next, but at least I have accurate info! 

[Dutchster 1,107]

15 minutes ago, americaninlove said:

Thank you that does make sense. So just so I understand, you can get married anywhere (US, Ireland, France) and then apply for the CR-1 visa. That takes about a year, he can visit in be US anytime he wants during that time (and stay up to 3 months at a time on a tourist visa). Once his visa is approved he can come right away, get work right away, and go back to Ireland anytime he needs. I think that sums it up?

Can you just explain the above? Does this mean he cannot come on a tourist visa in that year he is waitingflr the approval? 

 

Thanks again for all your help. No idea what to do next, but at least I have accurate info! 

Yes he can. A lot of us VJers have visited our fiancees and spouses during the process. 

Be careful with the phrase "Back to Ireland whenever he wants". He cannot spend too much time outside the US.

Edited August 28, 2017 by Dutchster