Was wondering if any of you could advise me. I've been reading up on all of this on the internet and quite frankly, I'm soooooooo confused.
- I'm an American citizen living in Ireland with my Irish boyfriend. I still have residency in America - place to live, bank accounts, car, etc.
- Boyfriend is a former green card holder (long story and not sure if it's relevant)
-We're getting married next year (not in America, if that matters) and will then be trying to have a baby. I have a feeling I'll want to be in America for the first few years after the baby is born so that I can have my family help me out.
Question #1 - Can by husband and I move back to America, have a baby and him work pretty much immediately? I'm thinking no but really hoping yes!! I'm guessing he'd end up being in America with me but unemployeed while he waits the 1-2 years to get residency again. Correct?
Question #2 - If the above is true, could we continue to live in Europe as a married couple, filing the necessary paperwork from Europe, waiting in Europe the 1-2 years for him to get residency and THEN move back to America?
Question #3 - Because he previously was a green card holder, will it be easier and quicker for him to get residency once we are married?
I hope that makes sense and that somebody can help. LJanie
Since you have been living in Ireland, you qualify to start the petition for your husband at the local US consulate (submit I-130). That way you avoid a long wait caused by I-130 being processed in the USA. You'll have to prove your domicile in the USA, but you mentioned that you have address, bank accounts, even a car... that, with filling the taxes, should be OK.
Direct consular filing or DCF used to take a few weeks, now it is more like a few months but it still beats filling in the USA.
By way of DCF, your husband would receive an immigrant visa. That means he is going to be a permanent resident the moment he enters the USA with that visa. He should receive plastic green card in the matter of weeks and may then start working.
Not that bad, huh?
Q3 No it will not be any easier or quicker. He has to go through the normal process... Did he leave the USA on good terms?
Except, he will not be required to show either passport with the I-551 stamp or plastic card. All he'll need to present to the employer is Social Security Card with no restrictions and a drivers license. Of course, SSA can give him a hard time without plastic card, or until USCIS records are updated, but he probably already has a card without restrictions.