joewilson

Hi!

My wife is an American citizen in the UK on a student visa. She finishes her BA soon and her visa runs out at the end of July. We found out yesterday that she has gotten into an MA program at NYU so the plan is to move over there for September.

I'm a British citizen considering applying for an Irish passport. I could have been given incorrect information, but I've heard that it's easier for my wife to stay in the EU if I'm Irish as opposed to British. I qualify for an Irish passport under my grandparents.

I have a few questions. Regarding the Green Card: If I apply via spousal Green Card outside the US, does my wife have to be here until we go to the States or can we start it here and then if she needs to leave before it's completed, she can? Also, how long does it usually take for a spousal Green Card from application to being able to travel to the US?

Regarding Irish citizenship: would my Green Card application be questioned or slowed down if I had recently changed from British to Irish? Or would it be largely ignored?

Sorry for the amount of questions but if the Irish passport confuses or slows the process down, I'll stick with Brit and put the Green Card application in this week.

Thanks!

EDIT: We'll have been married for two years on June 7th 2014.

Nutmegger

I suggest you check out the marriage based forum for the answers to your queries about your move to the US:

http://britishexpats.com/forum/forumdisplay.php?f=35

ian-mstm

To clarify, you'd be applying for an "immigrant visa", not a "spousal Green Card". Best to get the terminology correct from the start! That said, once your wife files the I-130, she is free to leave the UK - she doesn't need to be there at all afterwards.


If the I-130 is filed directly to London, about 6 months roughly. You can visit the US in the interim, but you can't move until you have the immigrant visa in your hands.


You're not actually changing citizenship... you're simply acquiring a new citizenship in addition to your UK citizenship. It'll make no difference whatsoever to the US.


Excellent! When you enter the US with your immigrant visa, you'll receive an unconditional green card valid for 10 years!

Ian

joewilson

Thanks so much for the help. The actual application is quite straightforward but there's just small things that I need straightened out before I start. Thank God for this forum!

Something else has occurred to me. If I apply for the immigrant visa whilst living at one address and then need to move to a different address, is there some kind of way I can inform the US Embassy, or would it be safer (if even allowed) to put my address as, say, my parents address?

Noorah101

If your parents have a stable address where you can easily go pick things up (if necessary), then yes, you can use theirs.

You could try using the "Contact Us" page of the embassy website to do a change of address notice, but who knows it that would really work.

It's best NOT to change an address mid-way through the process.

Rene

SanDiegogirl

In response to your comment above you are probably thinking of the EEA family permit which allows non EU spouses to move about the EU, including the UK, with their EU spouse.

However, you, having British citizenship will not be able to use this route, UNLESS you give up your British citizenship for an Irish one. With British citizenship you come under British Immigration rules for a non EU spouse to be permanently legally resident in the UK.

So, depending on what visa she is currently on (and it sounds like a student visa) you, as British citizen, will need to sponsor her for a spouse visa once her visa expires in order for her to remain in the UK.

Having said that with her visa expiring at end of July and her new course starting in September then she could live a bit dangerously for a few weeks.