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Green card through marriage

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  • 23-03-2021 4:18pm
    #1
    TaxPro
    Registered Users Posts: 33 ✭


    My partner and I got engaged last month. He is a US citizen living with me, an Irish citizen, here in Ireland. While we are happy together in Ireland at the moment, at some point in the not so distant future he is going want to return to the US with me and make our life there.

    I have a few questions and was wondering if anyone could help:

    1. I understand the first step for me to get a green card is to apply for an I-130 and wait for its approval. How long is this currently taking roughly?

    2. Do I have to wait until that application is approved before I can move to the US? Is there any temporary bridging visa while I wait?

    3. We plan on getting legally married in Ireland. Are there any issues or complications with using a non-US marriage certificate for the application?

    Any help is much appreciated!


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    #2
    ReturningForY
    Registered Users Posts: 53 ✭✭ReturningForY


    Congrats on your engagement!

    The website for the immigration company Boundless has a lot of good information on marriage-based green cards. You may actually consider getting them to do the process for you.

    In terms of times, they have a page that says it takes around a year to a year-and-a-half from when you start the process to being able to enter the US.
    TaxPro wrote: »
    2. Do I have to wait until that application is approved before I can move to the US? Is there any temporary bridging visa while I wait?

    No, there's no bridging visa, in general you have to wait outside the US until the process is fully completed.

    The only way around this is to find some alternative means to come to the US (for example, come to study on an F-1 visa) and then apply for a green card when you get here. That does raise some tricky issues around this concept of "immigrant intent" though - if you're intending to immigrate permanently to the US, you're in theory not allowed travel to the US on a regular/non-immigrant visa.
    TaxPro wrote: »
    3. We plan on getting legally married in Ireland. Are there any issues or complications with using a non-US marriage certificate for the application?

    Shouldn't be. In fact, I'd bet most people applying for a marriage-based green card from outside the US have never visited the States and necessarily were married abroad.


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    #3
    TaxPro
    Registered Users Posts: 33 ✭TaxPro


    ReturningForY wrote: »
    Congrats on your engagement!

    The website for the immigration company Boundless has a lot of good information on marriage-based green cards. You may actually consider getting them to do the process for you.

    In terms of times, they have a page that says it takes around a year to a year-and-a-half from when you start the process to being able to enter the US.



    No, there's no bridging visa, in general you have to wait outside the US until the process is fully completed.

    The only way around this is to find some alternative means to come to the US (for example, come to study on an F-1 visa) and then apply for a green card when you get here. That does raise some tricky issues around this concept of "immigrant intent" though - if you're intending to immigrate permanently to the US, you're in theory not allowed travel to the US on a regular/non-immigrant visa.



    Shouldn't be. In fact, I'd bet most people applying for a marriage-based green card from outside the US have never visited the States and necessarily were married abroad.

    Thanks so much!!


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    #4
    Roloken
    Registered Users Posts: 2 ✭Roloken


    TaxPro wrote: »
    My partner and I got engaged last month. He is a US citizen living with me, an Irish citizen, here in Ireland. While we are happy together in Ireland at the moment, at some point in the not so distant future he is going want to return to the US with me and make our life there.

    I have a few questions and was wondering if anyone could help:

    1. I understand the first step for me to get a green card is to apply for an I-130 and wait for its approval. How long is this currently taking roughly?

    2. Do I have to wait until that application is approved before I can move to the US? Is there any temporary bridging visa while I wait?

    3. We plan on getting legally married in Ireland. Are there any issues or complications with using a non-US marriage certificate for the application?

    Any help is much appreciated!


    1. Approx. 12 months. We applied Dec 2018 and I130 was approved Dec 2019.

    2. Yes, this is the tricky bit, once you start a green card application you are stuck in the process and cannot apply for a non immigrant visa (as the terms of such visas state you cannot intend to immigrate), by starting the green card process you show your intension to immigrate to the USA.

    Other immigration visas are open to you such as HB1, but they can be hard to get also.

    It's much more tricky as your partner is no longer resident in the USA (we are in the same situation as yourselves). My husband will have to move back ahead of myself and the kids to re-establish residency.

    3. Irish marriage cert is fine.

    My advice, put in for the I130 and get started on the process, best of luck and congratulations on your engagement.


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