Applying for K3 while living in Ireland?

[joolz 0]

Hi all. I am American and my fiance is Irish. We are getting married in October in California and our plan was to move back to Ireland, which is why we haven't bothered to get the K1 fiance visa. However...as of late we have decided to settle in the states, which means we need to get started on paperwork asap! I think we are too late to get the K1 so we will just apply for the K3 after we are married. Now here is my question:

If we go back to Ireland after the wedding and I can get a Permission to Remain visa in Ireland (meaning I can stay for 6 months or so), will we be able to apply for the K3 while living in Ireland? Or will I have to return home to California to handle all the paperwork??

We're just trying to figure out what our living situation needs to be in order to get the K3 and not have to spend so much time apart.

Any help would be appreciated.

Cheers!

[YuAndDan 153]

You can file for the K-3 while out of country.

You may compare K-3 to CR-1 visa.

K-3

Pro:

• Slightly quicker than CR-1 for process.
  
• 2 year multi-entry (you could delay returning to USA for a bit)
  
• Uses I-134 affidavit of support (Domicile is not an issue)
  

Con:

• Costs much more if you adjust status in the USA (additional $1010)
  
• Cannot work until either have green-card or EAD which can take some time.
  

CR-1

Pro:

• Less expensive, you may lower fees to the consulate or embassy, as well as to NVC
  
• Results in a green-card being issued immediately upon entry to the USA allowing work.
  
• Less paperwork.
  

Con:

• Takes a bit longer to process.
  
• Visa is a valid for 6 months.
  
• Petitioner has to maintain domicile and must remember to continue filing returns for the I-864 affidavit of support.
  

Personally I would be doing the CR-1 visa because of the expense and hassle of the adjustment of status from K-3

Edited August 9, 2007 by YuAndDan