DCF from Ireland

[Penguin_ie 5,993]

Hi all,

I used to visit this site several years ago when then-boyfriend and I were considering a K1, but in the end he came over here and we got married. I forgot my old user name so I made a new one. Anyways, quick run-down of our situation and then two questions! Husband is a US citizen by birth, lived and worked there all the time until he came over to Ireland to marry me 2.5 years ago, and has only been back for holidays since (no domicile, no voting registration etc over there). I am a joint Swiss and Irish citizen, having lived in Ireland 17 years and worked here full-time for 10 years (studied before that). We always agreed that we would live here for a few years and then move to the USA and now that I am pregnant with our first babies (twins!), we think the time is approaching. The problem is that while I have a well-paying job and we have assets (an apartment worth approx 420'000 dollars and 50'000 dollars in savings in the bank), husband has not worked since he came over here. Also, we are not sure yet when we actually want to move (we are thinking when my maternity leave runs out, which would be in about a year's time if the babies come on time).

So my question are:

1. Does my husband need to establish a domicile/ our serious intent to move to the US before we file? If so, is him opening a new bank account over there enough- that would be easy I assume- or would we need to sell out apartment here and buy over there (possibly renting the US house out and renting ourselves here)?

2. Will we need a co-sponsor despite having assets because the US husband doesn't have a job? His parents are long retired so wouldn't be suitable, though we have a few friends who might be willing...

3. Once we file and (hopefully) get approved, do I simply have permanent residents status and we can travel over there whenever we want, be that in a couple of months o a couple of years, or do we need to move over in a particular time frame? If I remember right, for the K1 I'd have to have moved over there within 6 months, but I am hoping the DCF is different, as ideally I'd like to file soon-ish and then just have it ready for when we decide to move (though I suppose if it only takes 3 months on average to get approved, as it says on the site, it's not too bad)l

Edited August 23, 2007 by Penguin_ie

[YuAndDan 153]

1. Does my husband need to establish a domicile/ our serious intent to move to the US before we file? If so, is him opening a new bank account over there enough- that would be easy I assume- or would we need to sell out apartment here and buy over there (possibly renting the US house out and renting ourselves here)?

The Domicile issue is the big thing that hangs many DCF filers, US Domicile as well as IRS returns are required in order to file the I-864 that the petitioner is required to file for the IR-1 visa.

A good read about this requirement can be found here: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

2. Will we need a co-sponsor despite having assets because the US husband doesn't have a job? His parents are long retired so wouldn't be suitable, though we have a few friends who might be willing...

Probably yes, the Joint sponsor should be made aware of the legalities of the I-864 it is a binding contract with the government.

3. Once we file and (hopefully) get approved, do I simply have permanent residents status and we can travel over there whenever we want, be that in a couple of months o a couple of years, or do we need to move over in a particular time frame? If I remember right, for the K1 I'd have to have moved over there within 6 months, but I am hoping the DCF is different, as ideally I'd like to file soon-ish and then just have it ready for when we decide to move (though I suppose if it only takes 3 months on average to get approved, as it says on the site, it's not too bad)l

The length of validity of the visa depends on the lenght of marriage, if married less than 2 years before visa interview you will get a CR-1 visa valid only 90 days or 6 months (drawing from memory here), if you are married more than 2 years then the visa will be an IR-1 visa valid 60 months (5 years) http://travel.state.gov/visa/frvi/reciproc...ocity_3587.html

[MargotDarko 0]

Here's a link about filing in Dublin...

http://dublin.usembassy.gov/filing_the_i130.html

I don't think it's bad to make the assumption that it will be pretty similar to going through London, so here's what they have to say about domicile -

http://london.usembassy.gov/cons_new/faqs/...4_domicile.html

Basically, as long as he's been filing tax returns (or if he back files now), and can open (or left open) a bank account in the US, and claims his parents' or other family member's address as his permanent address, that should be fine. The worst that should happen is that he has to fly to the US a few weeks before you. Domicile is a much bigger issue in other countries.

I don't see why you'd need a joint sponsor. Your cash assets are good and your apartment asset is much much more than enough especially if before the interview you had sold or were in the process of selling the flat. That shows both serious liquid cash and the intention to immigrate. If you have someone in the US willing to be a joint sponsor, it doesn't hurt to also have a joint sponsor, but technically, you would fine with the assets.

Three months is probably the time is takes to the get the I-130 approved. Then you would do the visa application itself, which would probably take another two to three months. Also, you can delay the process a bit by not returing the visa application right away as an approved I-130 is valid for a year.

I wasn't aware that the IR-1 was valid for 60 months, but I still imagine that you would be expected to make the US your home as quickly as possible pending delays with tying up everything in Ireland - such as selling your flat, finishing a job contract, or something similar.

To YuAndDan - wouldn't they be questioned pretty seriously if she didn't use the IR1 for several years after obtaining it?

Edited August 24, 2007 by MargotDarko

[Penguin_ie 5,993]

Basically, as long as he's been filing tax returns (or if he back files now),

I don't think he'll be able to do that though, as he has no taxes/ no income for the last 27 months, ie since he moved here?

[MargotDarko 0]

Basically, as long as he's been filing tax returns (or if he back files now),

I don't think he'll be able to do that though, as he has no taxes/ no income for the last 27 months, ie since he moved here?

I'm sorry I missed the part where you said he hasn't been working. He'll need proof that he didn't have to file taxes. The IRS can help him obtain that. If he can fulfill the other things I've listed (US bank account and permenant mailing address), along with his intention to return with you, that should also be fine.

[payxibka 10,045]

To YuAndDan - wouldn't they be questioned pretty seriously if she didn't use the IR1 for several years after obtaining it?

Not only would they potentially be questioned as to why they didn't use it for several years, they would look pretty silly as a IR1 visa has a validity of 6 mos. from issuance and would get turned back... (not the 60 mos. as YuandDan indicated)

[MargotDarko 0]

To YuAndDan - wouldn't they be questioned pretty seriously if she didn't use the IR1 for several years after obtaining it?

Not only would they potentially be questioned as to why they didn't use it for several years, they would look pretty silly as a IR1 visa has a validity of 6 mos. from issuance and would get turned back... (not the 60 mos. as YuandDan indicated)

What does the link YuAndDan posted refer to then? I was sure before that the visa had to be used within six months, but the link he provided confused me.

[payxibka 10,045]

What does the link YuAndDan posted refer to then? I was sure before that the visa had to be used within six months, but the link he provided confused me.

Nothing, as it does not apply or prove anything to what he was speaking of. The IR1 (CR1) visa is not even listed on that chart... I think he assumed that the "I" and or "C" was the IR or CR but it is not. The "I" visa is for journalists and a "C" visa is a transit visa.

[Penguin_ie 5,993]

Thanks everyone. It'll probably be late 2008/ 2009 by the time we are ready to move, so knowing the visa has a 6 months validity, we'll wait with filing until the babies are born minimum (as the few timelines I have seen for Ireland indicate about 6-8 months timeline from filing first docs to moving).