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Irish national marrying a US citizen

  • 01-11-2010 11:47am
    #1
    Closed Accounts Posts: 1


    Hi
    I was wondering of anybody can help me regarding marrying a non-national in Ireland legally.
    I wish to marry my girlfriend so she can legally stay in Ireland. We have been together a while and been living together for almost 6 months. She is on the graduate scheme visa which entitles her to stay here and work for a further 4 months before her visa is up and she will be legally required to leave Ireland. I'm an Irish born national.

    Essentially i was wondering if anybody can advise me as to how we can quickly get married in Ireland in as short a time as possible or quickly but obviously legally binding somehwere else in Europe.

    Before anybody starts spouting the usual xenophobic comments my girlfriend is American (i think we've sent a few of our own to her country over the years), she is well educated and could get a better paying job in the US but is staying here for me, Her family are well off so she is not trying to claim social welfare benefits and we will likely be returning to the US within the next year or 2 where i will be the foreigner.

    Regards
    BOB


Comments

  • Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    Bob321 wrote: »
    Hi
    I was wondering of anybody can help me regarding marrying a non-national in Ireland legally.
    I wish to marry my girlfriend so she can legally stay in Ireland. We have been together a while and been living together for almost 6 months. She is on the graduate scheme visa which entitles her to stay here and work for a further 4 months before her visa is up and she will be legally required to leave Ireland. I'm an Irish born national.

    Essentially i was wondering if anybody can advise me as to how we can quickly get married in Ireland in as short a time as possible or quickly but obviously legally binding somehwere else in Europe.

    Before anybody starts spouting the usual xenophobic comments my girlfriend is American (i think we've sent a few of our own to her country over the years), she is well educated and could get a better paying job in the US but is staying here for me, Her family are well off so she is not trying to claim social welfare benefits and we will likely be returning to the US within the next year or 2 where i will be the foreigner.

    Regards
    BOB

    Dont you have to start organising the paperwork about 6 months in advance ? I could be wrong I havent got to that stage yet, but Im sure Ive read that here.

    If thats correct and somebody will confirm or deny then you wont get it done before she has to go home.

    That said I'm sure she could go home get a tourist visa and come straight back over.

    As for xenophobic comments none from me. That said I think you should have worded your first post better. Saying you want to marry her so she can stay in Ireland, rather than because you want to spend the rest of your life with her probably isnt the best grammar to use ;)

    best of luck


  • Registered Users, Registered Users 2 Posts: 58 ✭✭feest


    The only time condition that I'm aware of is the minimum 3 month notification period, which applies whether you are both Irish or not. I'm American and marrying my Irish fiance this summer; have been living here on a work authorisation for six years now. I've spoken with both the GRO and HSE to confirm if any documents were needed given that I'm American, and the only document I can come up is a sworn affidavit notarized by the US Embassy that I'm not already married in the US (the US doesn't issue certificates of non-impediment).

    You will both also need birth certificates when you register your intent to marry...have her confirm that she has the correct version well in advance of your appointment. I went through the citizenship application process earlier this year and in the end had three different versions of my birth cert (apostilled, long version and short version) before finding the one that was accepted.


  • Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    you need three months notice to marry in Ireland, you can get it sooner, but need a court order which is granted if the judge feels there is extenuating circumstances. I don't think they would think in order to get a visa is good enough reason, but I could be wrong.

    If you can get a date within 3 mths, given she has 4mths left on her visa, then as she has a valid visa for here now, then once married she should be able to just go and transfer her current visa to a spousal visa before the 4mths is up. But I am open to correction on this.

    Worst case scenario, she will be required to leave after 4mths, but should be able to return fairly quickly.

    Just be prepared for a possible investigation, given that you married so close to her visa expiring. Then again I have heard of others where no romance was involved who didn't get called for interview, so its luck of the draw really.

    If they choose to investigate they will look for proof of a sustained and genuine relationship - such as joint bank accounts and utilities.
    I think that there may also be something in there about proving the relationship is at least 2 yrs in duration, but this might only apply for those applying from outside the state or applying to come here in order to get married.

    You will find lots of info on the INIS website and the GRO websites.

    I also agree with D3PO's comments regarding how you word things as the way you phrased things can get peoples backs up - and not for xenophobic reasons...I'm married to a 'foreigner' so its not because of that ppl can get annoyed, but because they feel that some people are abusing the system in order to get a visa, so opening with
    I wish to marry my girlfriend so she can legally stay in Ireland
    will probably start things off on the wrong foot!


  • Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    D3PO wrote: »
    That said I'm sure she could go home get a tourist visa and come straight back over.
    Just on this - I wouldn't recommend this route, as if you marry while you are here on a tourist visa, then you have to apply for spousal visa in a different manner, and a)it takes longer, b) requires more paperwork and is bascially a right pain in the arse c)they can be more suspicious of it and d) while waiting for a decision she will not be allowed to work or study


  • Registered Users, Registered Users 2 Posts: 463 ✭✭niceoneted


    There is a possibility she could stay here with you on a stamp 3 as a defacto relationship dependent. She would not be able to work but it would mean that you do not have to rush into the marriage.
    have a look at this website http://www.inis.gov.ie/
    It will all depend on you fitting the criteria and you may have to write to the dept of justice as part of the process.


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  • Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    De Facto Relationships with an Irish National
    Non EEA nationals who wish to remain the State and are in a de facto relationship with an Irish National must be in a position to provide evidence of a durable attested relationship of at least 2 years. The following documents must be provided to General Immigration, INIS, 13-14 Burgh Quay, Dublin 2

    •Copies of current passports of both parties.
    •Evidence of finances of both parties
    •Evidence of relationship of at least 2 years duration (i.e. tenancy agreement, utility bills, bank statements, etc)

    Subject to the immigration status of the non EEA national permission to remain may granted. This permission will exempt the non EEA National form work permit condition.

    The above is not an exhaustive list, and you may be asked for additional documentation in support of your application

    http://www.inis.gov.ie/en/INIS/Pages/WP07000278

    have you guys been together 2 years that you can prove? and by this I mean photos, letters, birthday cards, joint bills/accounts etc? They can be quite sticky on the 2 year thing, although seeing as you currently live together and have done for 6 mths they might be more lenient.
    the downside of course, is that she is not allowed to work or take up full time education, but it might be an option - say perhaps to extend the visa by another 3-6 mths and then go for marriage if you are both still happy to go ahead.

    but 6 mths without work or study can be tough if you are used to working/studying and having money, so this in itself can pose its own set of problems - but definitely a possibility


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