moving to us

caoimhin85

hi guys i have been in a relationship with american/irish girl for the past 2 years we met in london and have been pretty serious since. iv moved back to ireland with the past few months and she has came with me but with the state of the country work has been crap for her and we have decided to move to florida where her family live, im willing to move to florida for 3 months to see if i will like it there but when the 3 months are up id proberly like to stay there for good.
what are my options to obtain my green card, my girlfriend wants to marry me and settle down and im delighted but dont know whats involved in the visa process
would like to hear from fellow boarders who went through similar process and advice me on what to do. thanks kevin

silja

You cannot use the visa waiver with the intent of going over to the USA and staying, that would be fraud. If you are truly unsure you want to marry and stay now, you can later change your mind but that is sort of a grey area and you may be investigated closely; if your Adjustment of Status to a greencard is denied, there is no appeal as you entered the USA on a visa waiver program. During your adjustment, you cannot work or travel outside the USA, which may be an issue both financially and if there were a family emergency back home.

Your other option is a K1 fiance visa, or a CR-1 spousal visa. You can start either while you are in the USA (or indeed, can start the K1 right now), but would need to leave the USA for the medial and visa interview.

Ponster

Welcome to Boards.ie Kevin! I don't think that you're going to get a better answer than what silja gave you. Personally I'd start the K-1 process now, and travel to the US under visa weaver to check out the lay of the land, heading back home again to complete the visa process. This really isn't something you want to mess up because you want to take some shortcuts.

Note that with the K-1 visa you have to get married within 3 months of arriving in the US (I *think* that an extension is possible).

caoimhin85

hey guys thanks for the advise my intention was never to over stay my visa waiver i want to do this 100% corectly so will be heading to florida for 3 months so check it out and see if it is something that suits both of us. i was in florida last september for 3 weeks but think its too short to evaluate the place. finally how long does the k1 process take, is it a long drawn out process? cheers kevin

silja

K1 takes about 7-9 months, CR-1 spousal visa 8-10 months. You can visit with your visa waiver during the process, just not live or work over there.

caoimhin85

thanks silja would i be better off applying for k-1 now or wait till i come back from florida im in no major rush as im working here and will take 3 month leave and return to work after leave thanks kevin

silja

Whichever you prefer. As mentioned, the visa process will take more than half a year, and then you have 6 months to use the visa once issued, so just plan for that.

rockonollie

caoimhin85 wrote: »

hey guys thanks for the advise my intention was never to over stay my visa waiver i want to do this 100% corectly so will be heading to florida for 3 months so check it out and see if it is something that suits both of us. i was in florida last september for 3 weeks but think its too short to evaluate the place. finally how long does the k1 process take, is it a long drawn out process? cheers kevin

Silja answer was as good as you'll get on here.....and it wasn't a suggestion that you intend to overstay on your VW.......but entering the US on the VW with the intention of applying to stay after you arrive is the grey area.....K1 visa is the best option for you......get it started ASAP, visit during the summer on the VWP and if you like the area, make the move when the visa is approved.

You do have the requirement to get married within 3 months, but that's not the end of the world......your GF/fiancee will panick about not having time to arrange her dream wedding. We went to the courthouse and got legally married, then planned a ceremonial big wedding with no time constraints.