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I am a US citizen and my husband (a Irish National) and our

 
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  • Answered by:Ely
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Customer Question

I am a US citizen and my husband (a Irish National) and our daughter live in Ireland. We are relocating as I have taken a job back in the US as a college AD. What do we need to do/paperwork in order for my husband to reside with us? He has worked in the US before with his current employer and has never over stayed his visa in the 12 different times he has been over. Thank you ever so much!

 

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We have asked at the Embassey and off the record they have told us to look into the Homeland Security web-page or speak to a lawyer. We have looked at the I-130, but what to make sure we are doing things the quickest way possible.

Submitted: 358 days and 20 hours ago.
Category: Immigration Law
Value: 49 €
Status: CLOSED
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Expert:  Ely replied 358 days and 16 hours ago.

Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow ups and my replies because I am typing out my answer, or taking a quick break.

You are on the right path - you need to file an I-130 to get him an greencard. See here for a step by step guide:

http://www.puravidatravels.com/immigrant_visa_for_spouse_process.shtml

Also, while the I-130 is pending, he may be admitted to the US on a K visa so you do not have to wait the whole I-130 processing time outside:

http://www.USCIS.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=254a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=254a3e4d77d73210VgnVCM100000082ca60aRCRD

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:

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Customer replied 358 days and 16 hours ago.

Quick question - since I have been living in Ireland with my husband, I have only worked in Ireland in the past 2 years. Does this impede the filing of the I-130. I thought I read something about if I had not worked in the US in the past year, I could not finacial sponsor him - or is this applicable for a different type of filing? We have a large sum of money in our savings account - so I am not sure if this would be suffice.

 

Thank you again for your time and consideration in this matter, as it is a big move for our family! Lisa

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Expert:  Ely replied 358 days and 16 hours ago.

Hello,

No, this is not true. You only have to make enough to sponsor him via I-864...

http://www.uscis.gov/files/form/i-864p.pdf

...it does not matter if you work within or outside of US. Due to this nature, you should illustrate your past income, your income now, and the planned income in the future. An attorney (US Immigration attorney) is recommended.

Good luck, and please do not forget to press reply to continue the conversation, or accept once you feel you have received the information you needed.

Customer replied 358 days and 16 hours ago.

Ok, so we apply for the I-130 - can this be done at the US Embassy in Dublin? Then once we recieve confirmation of receipt of application, my husband then applies for a K-3 visa. Does he need to fill out form DS-156 or DS-230 and can this be done at the US Embassy? My child does not require any documentation, as she has Dual Citizenship.

 

Thank you again.

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Expert:  Ely replied 358 days and 15 hours ago.

Hello,

Ok, so we apply for the I-130 - can this be done at the US Embassy in Dublin?

Some embassies do take I-130s, but some do not - you simply have to check with them. If not, then you send it to the US processing center.

Then once we recieve confirmation of receipt of application, my husband then applies for a K-3 visa.

Right.

Does he need to fill out form DS-156 or DS-230 and can this be done at the US Embassy?

DS-156 is needed for a K visa, so yes. Check with your embassy for the DS-230. He does not need to fill these out just yet, however.

My child does not require any documentation, as she has dual Citizenship.

As long as the child has their US Passport, it is fine.

Good luck, and please do not forget to press reply to continue the conversation, or accept once you feel you have received the information you needed.

Expert TypeCounselor at Law
Category: Immigration Law
Pos. Feedback: 99.2 %
Accepts: 2706
Answered: 4/21/2012

Experience: Private practice in several areas, including immigration

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Customer replied 356 days and 11 hours ago.

After filing the I-130, does my husband need to file an I-129F petition prior to filing for a K3? thank you for your time

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Expert:  Ely replied 356 days and 11 hours ago.

Hello,

My pleasure and yes - the I-192F is the request for the K3 visa.

Customer replied 356 days and 11 hours ago.

Sorry the instructions we printed said that he needed to file the I-129F (petition for alien fiance) - does this apply since we are married? Sorry it is all a little confusing!

 

Thank you again!!!!

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Expert:  Ely replied 356 days and 11 hours ago.

Hello,

I mean I-129F, not I-192F. My numbers were simply inverted. The I-129F application is for the K3 visa - indeed. Apologies!

 
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