US Citizenship via Marriage

user1234q

Hi there,

I'm currently dating a girl who was dual citizenship, US and Irish.
She wants to move back to the US, but would like to get married to allow me to move over also, and live together.

I only have Irish citizenship.

So I have a few questions about it.
Finding out info online is hard as everything seems to be forms and numbers, and I can't tell which is what I need.

So to start it of, We would get married here, maybe in September/October.
Then, what do we need to do, as we would both like to get over and working in the US as soon as possible.
I know there is an interview and everything involved.
How long is it, realistically, before I am legally allowed to to enter and live/work in the US once I get married.

Thanks.

silja

Forget about citizenship, that is way down the line (you can apply for that after living inside the USA and married to your US citizen for 3 years).
You are looking for the CR-1 spousal visa, which will lead to a greencard upon immigration, and immediate right to work and travel. The process starts by her filing the I-130 and related forms to petition you for the visa and if approved, you then apply for a visa. Process takes about a year at this time; she can start the petition as soon as you are married.

rockonollie

Exactly what Silja said.......there is no automatic citizenship through marriage, but it does entitle you to apply for a green-card (technically, your GF/wife applies for the green-card on your behalf)

The info is available on the US Embassy website here

She would file the I-130 petition, applying for a CR-1 visa. The website refers to the IR-1 visa, which stands for Immediate Relative 1, but as you would just be married, you would only be entitled to a Conditional Relative 1 visa (this in effect is the same visa, but expires after 2 years and is automatic if you are married for less than 2 years)

If you are approved, the CR-1 visa allows you to live and work in the US and is valid for 2 years from the date of entry. After 2 years, you will file paperwork to renew your visa, at which time it would convert to the IR-1 visa (good for 10 years)

As a spouse of a US citizen, you will be entitled to apply for citizenship once you have legally lived in the US for 3 years. Once you aquire citizenship, you no longer need your visa......otherwise, you can renew your IR-1 visa every 10 years indefinitely (as long as you keep yourself out of trouble)

rockonollie

Also, you may run into difficulty with the affadavit of support.......you are required to submit proof of US income to show that you would not be a burden on the social welfare or healthcare systems in the US after you move.

The problem being that a US citizen who is not resident, generally cannot meet the requirement. From the sound of your case, you GF is a full-time resident of ireland.

My situation was almost the same, my wife is a US citizen who was living with me in Ireland when we got married, she was able to file the petition for the visa, but we had to have her parents sign the affadavit of support, with their US tax returns as the proof of income.

silja

Semantics but: Visas are used to enter countries; the CR-1 and IR-1 are visas; the thing that allows you to stay in the USA for two years and then longer is the 2 year conditional greencard and then the ten year greencard (which is actually permanent, but needs to be renewed/ paid for every ten years).

rockonollie

silja wrote: »

Semantics but:

YOU'RE A SEMANTIC!

Though entirely correct

Neilw

Thought I would ask the question here as it's on the same topic as the OP.

Does anyone know what the success rate for getting a CR-1 visa is? Is it a sure thing once you're married?
I don't have any criminal records and have had numerous work visa's to the USA with no restrictions or issues with time spent there.

Thanks

rockonollie

Neilw wrote: »

Thought I would ask the question here as it's on the same topic as the OP.

Does anyone know what the success rate for getting a CR-1 visa is? Is it a sure thing once you're married?
I don't have any criminal records and have had numerous work visa's to the USA with no restrictions or issues with time spent there.

Thanks

There's no such thing as a 'sure thing' when it comes to USCIS, but as long as you have a clean travel history and a decent amount of evidence of a genuine relationship, it's one of the easier visas to get approved for.

Neilw

rockonollie wrote: »

There's no such thing as a 'sure thing' when it comes to USCIS, but as long as you have a clean travel history and a decent amount of evidence of a genuine relationship, it's one of the easier visas to get approved for.

Thanks

Yes I've a clean travel record over the years and evidence of a genuine relationship.