American fiancee pregnant,need advice.

budwider

Just got back a few weeks ago from my latest trip from the states,my fiancee thinks she may be pregnant,we havent started the visa application yet as we do not know what the best way to do it is,was thinking of marrying her when i return next month,then i will be able to fly her over to ireland to have the baby as i have vhi and it is a lot less expensive than the states,will this be possible? but because i have a stable job here making good money the fiance visa would only give me a certain window in which to immigrate,so maybe the best option would be to go for the spouse visa instead.I really dont know what to do here,i need all the advice i can get.she cant move here permanently as she has a child already and joint custody with her ex.so moving here permently is not an option,i have to go there.

please leave me any advice,personal experiences or any info that might be useful.thanks guys.

from a worried irishman

walrusgumble

budwider wrote: »

Just got back a few weeks ago from my latest trip from the states,my fiancee thinks she may be pregnant,we havent started the visa application yet as we do not know what the best way to do it is,was thinking of marrying her when i return next month,then i will be able to fly her over to ireland to have the baby as i have vhi and it is a lot less expensive than the states,will this be possible? but because i have a stable job here making good money the fiance visa would only give me a certain window in which to immigrate,so maybe the best option would be to go for the spouse visa instead.I really dont know what to do here,i need all the advice i can get.she cant move here permanently as she has a child already and joint custody with her ex.so moving here permently is not an option,i have to go there.

please leave me any advice,personal experiences or any info that might be useful.thanks guys.

from a worried irishman

First off, stop worrying. speak to a solicior or immigration council.

One good thing that you may have about the visa matter is that you are in a stable job and have health insurance.

Next, all though you are not married, it is likely that you could say that you are in a de facto relationship/durable relationship. (ie acting as husband and wife) The next step (if you were looking for residence in later period) after showing evidence of finance, have evidence of relationship (have ye lived together etc)

Now as you know, Irish law does not completely recongnise non married relationships (ie de facto relationship / registered partnership ala Article 2.2 of Directive 2004/38EC, though they may qualify under Article 3.2 - please note this is not relevant to you as you are not exercising your eu rights in another country, used it as an example) However, the attitudes of society and the courts say different thank god. I refer to the inis.gov.ie. Here, it shows, for residence purposes, that even people in a durable relationship with an Irish person can get residency if they can show a relationship of at least 2 years (now Minister has discretion, so other factors like child should be considered)

The visa matter, don't do it without getting decent advise. Make sure you have finance sorted. I could be wrong, but considering that she is American as oppose to say people of certain countries, and the fact that the child will be entitled to Irish/EU citizenship regardless if he/she is born in Ireland - make sure ye register the birth at dept of foreign affairs fb if born in America (and American, this kid is so lucky, so many options in the future) ye should be ok.

Normally, visa will only last about, no more than 90 days, as you know. That is not much use to ye. Ye be better off, in my opinion to get some form of status on basis of relationship, be it stamp 3 (ie dependence on spouse, can't work,but goes with your time count for citizenship) or stamp 4 (the ultimate residency for non eu immigrant) The problem here though is, if applying for it to the INIS, then it will take about 1 year to do.

However, (please get proper advise here maybe email an enquiry to the inis - don't expect much cause they are not answering people) if you got the visa to enter, go to the Gardaí/Immigration Office and seek some form of residence (ie stamp 3 or 4, but bring evidence of relationship) This is what one does when they are married to an Irish citizen - ie where the spouse is not someone from a visa required country. Problem is, I don't know what Gardaí would do here.

As for marriage, yes that would help and make any advise/suggestions a bit easier. But, you know marriage is not something to walk into so only do it if ye are sure (who ever is?) Either way, things are tricky with her child, how likely would her ex be to give permission for that child to leave the US?

budwider

walrusgumble wrote: »

First off, stop worrying. speak to a solicior or immigration council.

One good thing that you may have about the visa matter is that you are in a stable job and have health insurance.

Next, all though you are not married, it is likely that you could say that you are in a de facto relationship/durable relationship. (ie acting as husband and wife) The next step (if you were looking for residence in later period) after showing evidence of finance, have evidence of relationship (have ye lived together etc)

Now as you know, Irish law does not completely recongnise non married relationships (ie de facto relationship / registered partnership ala Article 2.2 of Directive 2004/38EC, though they may qualify under Article 3.2 - please note this is not relevant to you as you are not exercising your eu rights in another country, used it as an example) However, the attitudes of society and the courts say different thank god. I refer to the inis.gov.ie. Here, it shows, for residence purposes, that even people in a durable relationship with an Irish person can get residency if they can show a relationship of at least 2 years (now Minister has discretion, so other factors like child should be considered)

The visa matter, don't do it without getting decent advise. Make sure you have finance sorted. I could be wrong, but considering that she is American as oppose to say people of certain countries, and the fact that the child will be entitled to Irish/EU citizenship regardless if he/she is born in Ireland - make sure ye register the birth at dept of foreign affairs fb if born in America (and American, this kid is so lucky, so many options in the future) ye should be ok.

Normally, visa will only last about, no more than 90 days, as you know. That is not much use to ye. Ye be better off, in my opinion to get some form of status on basis of relationship, be it stamp 3 (ie dependence on spouse, can't work,but goes with your time count for citizenship) or stamp 4 (the ultimate residency for non eu immigrant) The problem here though is, if applying for it to the INIS, then it will take about 1 year to do.

However, (please get proper advise here maybe email an enquiry to the inis - don't expect much cause they are not answering people) if you got the visa to enter, go to the Gardaí/Immigration Office and seek some form of residence (ie stamp 3 or 4, but bring evidence of relationship) This is what one does when they are married to an Irish citizen - ie where the spouse is not someone from a visa required country. Problem is, I don't know what Gardaí would do here.

As for marriage, yes that would help and make any advise/suggestions a bit easier. But, you know marriage is not something to walk into so only do it if ye are sure (who ever is?) Either way, things are tricky with her child, how likely would her ex be to give permission for that child to leave the US?

first off thank you so much for the advice,we had planned on getting married this year,so it was happening anyway,however,the fact that we are pregnant makes the visa situation more complex.the father of her child will not give up the child,ever.so it leaves me with the only choice to move there.but for now i need to find out weather my fiance would be covered under my health insurance as shes not an irish citizen if she were to come here for a few months to have the baby then return to the states,then by the time she had the baby we would be 6 months in to our application for my spouse visa.so i would be hoping to move over to her asap from the time of the birth.once again,thank you for your great advice.

GerardKeating

budwider wrote: »

Just got back a few weeks ago from my latest trip from the states,my fiancee thinks she may be pregnant,we havent started the visa application yet as we do not know what the best way to do it is,was thinking of marrying her when i return next month,then i will be able to fly her over to ireland to have the baby as i have vhi and it is a lot less expensive than the states,will this be possible? but because i have a stable job here making good money the fiance visa would only give me a certain window in which to immigrate,so maybe the best option would be to go for the spouse visa instead.I really dont know what to do here,i need all the advice i can get.she cant move here permanently as she has a child already and joint custody with her ex.so moving here permently is not an option,i have to go there.

please leave me any advice,personal experiences or any info that might be useful.thanks guys.

from a worried irishman

Your VHI would not cover her, unless she got her own policy and maternity benefits would be excluded for the first year, so she would have to go public.