JAJ

This series of events suggests that the residence obtained in Ireland was not enduring, so it's not all that surprising that the application was refused. It would have been a much better strategy to have remained in Ireland and applied for the EEA permit from there. It might also have been a better long term strategy to have remained in Ireland, you could both have applied for Irish citizenship after 5 years legal residence, under current laws, etc. and then would have options going forward.

As for your passport being held, if you have made an application under the EEA rules, you may be able to request its return without a consequent withdrawal of the application itself. This is different to the norm for applications made under the domestic immigration rules. For example, see:
https://www.gov.uk/government/upload.../chapter10.pdf

Otherwise - perhaps contact the US Embassy and apply for a concurrent U.S. passport.

And by the way, use of intemperate language reduces the chances that people will want to help you on forum. Even if you don't like the U.K. immigration laws (a matter of opinion) and if they are too restrictive on spouses (which most of us would agree with), the British government does have the right to make whatever laws it likes. As a non-citizen, you should not see yourself as entitled to settle in any country other than your own.

ising88

You can't apply for a UK residency from outside the country. You have to be within the country to apply for an EEA spousal visa. We could still return to Ireland and apply for permanent residency after 5 years, because if you are in the country for most of the year, it "counts," so to speak, and we've only been back in the UK a couple of months.

I cannot request my passport back, as I have already tried that, and applying for a concurrent passport costs about $150, which I don't really feel like forking out.

You might think that Ireland is a better long term strategy....until you live there, and discover that university educated people are practically killing each other just to get part time, minimum wage jobs, in cities where the rent is sky-high. We were there for half a year, trying to get good jobs, and nothing. I didn't even get call-backs for minimum wage jobs, when I have loads of experience and a university degree.

Again, I'm not here to debate EU free movement laws. I'm here to figure out our options for moving to the USA.

Noorah101

At this point, since you can't get your passport back, and you don't want to pay for a second one, it seems to me the only option is to file the I-130 to the Chicago lockbox, and then whenever YOU are ready to move back to the USA, you can get your air ticket and pick up your passport on your way out, as you describe must be done. Whenever your spouse gets the immigrant visa in hand, she can follow you. If you are able to stay abroad with her for the 8 - 10 months it takes for her to get the immigrant visa, great...if not, you'll be coming to the USA before she does.

Rene

ising88

Thanks Rene, that's what we're thinking. I wasn't asking again with my last post, I was just trying to reiterate that I'm not here to discuss EU immigration law, lol!

From where I'm sitting, I think we'll wait to file until this appeal here is decided. Unless I get offered a job, in which case we'll file immediately and I'll head over and we'll deal with separation. We've been long distance before, we'll do it again - 8-10 months is fine, especially with visits thrown in. I'd heard on other websites that the wait can be 2 years, which is why I worried.

ising88

But thanks for your help!! x