DCF from Italy

[Erthwhile 0]

Hi there,

I have a quick question for you guys, hope you can help me put!

We got married here in Italy and my wife (the US petitioner) is getting her italian "green card". We plan to file next year, as we plan to go back to the US in 2010 when I plan to start grad school there.

My question is: after (and if) I get approved, I will have 6 months to enter the US right? If I enter the US "activating" my visa, can I leave the US and for how long in case I have to settle some things in Italy?

thanks!

[payxibka 10,045]

Hi there,

I have a quick question for you guys, hope you can help me put!

We got married here in Italy and my wife (the US petitioner) is getting her italian "green card". We plan to file next year, as we plan to go back to the US in 2010 when I plan to start grad school there.

My question is: after (and if) I get approved, I will have 6 months to enter the US right? If I enter the US "activating" my visa, can I leave the US and for how long in case I have to settle some things in Italy?

thanks!

The immigrant visa (based on the I-130 petion), when approved, you will enter the US and become a permanent resident immediately... You will be able to enter and exit freely as long as you do not remain outside the USA for an extended period of time (problems can begin as early as 6 mos. but typically closer to the 1 year time frame).

[Erthwhile 0]

So if I enter the US and I exit after a couple of days is it ok?

[payxibka 10,045]

So if I enter the US and I exit after a couple of days is it ok?

It is one reason the passport is stamped with an authorization stamp so travel can occur before physical greencard arrives. Not so much the when but the HOW LONG....

[MargotDarko 0]

You need to have a US address you can use so that they have somewhere to send the green card. Otherwise, yes, it's okay. I would not risk being out of the US for more than six months after activating the visa.

[Erthwhile 0]

Hi again,

just another question! If my wife leaves Italy AFTER filing for my green card through DCF. will it still be ok? I mean, she doesn't have to remain in Italy after filing, right?

thanks!

[Penguin_ie 5,993]

You are correct, she can leave as soon as she has filed. A lot of petitioners do, as they need to re-establish domicile in the USA.

[Erthwhile 0]

You are correct, she can leave as soon as she has filed. A lot of petitioners do, as they need to re-establish domicile in the USA.

Hi again,

sorry to bother you guys again, but my situation is quite intricated.

If I and my US wife file for DCF here in Italy, then we'll have to enter the US together, right?

But what would happen if she left the US after we entered the US?

The fact is that she's starting schooling in Italy next summer (2009), while I'm applying to a MBA in the US for 2010. I plan to enter the US in June 2010, while she will be still engaged in school here in italy (at least until September 2010 or September 2011!).

As delaying is not an option, I would like to know: may I enter the US with her, and then will it matters if she leaves the US? Will that affect negatively me? Please note that we'll have our domicile at her grandma's house, where we can receive all the mail, etc.

Do you know guys if thi is feasible or not?

thanks a lot!

[T and M 1]

Hi again,

just another question! If my wife leaves Italy AFTER filing for my green card through DCF. will it still be ok? I mean, she doesn't have to remain in Italy after filing, right?

thanks!

The only thing you should be careful about is that they might not give you a CR-1 if she is not there to be interviewed. Depending on your situation, they might want to see her. Or at the very least you will need to bring all your phone records and emails while you guys aren't living together. Remember the DCF process is proving you guys have a "bona fide" relationship. This can require serious documentation, especially if - like my wife and I - you were married recently, you married soon after meeting, or you lived in separate countries for some period of your engagement/marriage.

Come to think of it, not only did I have to appear at the US embassy in London with my wife to go through a rigorous interview process to ensure our relationship was "bona fide," but I had to accompany her to her visa interview, at which point I had to show that I was re-establishing residency in the US, show my drivers license and US bank accounts.

I think your wife could do most of this from the states, and apparently your English is good enough to go through the process alone, so maybe it will be fine.

[Erthwhile 0]

Hi again,

just another question! If my wife leaves Italy AFTER filing for my green card through DCF. will it still be ok? I mean, she doesn't have to remain in Italy after filing, right?

thanks!

The only thing you should be careful about is that they might not give you a CR-1 if she is not there to be interviewed. Depending on your situation, they might want to see her. Or at the very least you will need to bring all your phone records and emails while you guys aren't living together. Remember the DCF process is proving you guys have a "bona fide" relationship. This can require serious documentation, especially if - like my wife and I - you were married recently, you married soon after meeting, or you lived in separate countries for some period of your engagement/marriage.

Come to think of it, not only did I have to appear at the US embassy in London with my wife to go through a rigorous interview process to ensure our relationship was "bona fide," but I had to accompany her to her visa interview, at which point I had to show that I was re-establishing residency in the US, show my drivers license and US bank accounts.

I think your wife could do most of this from the states, and apparently your English is good enough to go through the process alone, so maybe it will be fine.

No no no... I was asking something different (I think I didn't explain well, sorry).

AFTER we get my GC and we move to the US my wife (the US citizen) will move out the US to complete her studies. I (the petitioner) will have to stay in the US for about 1 year alone; is that ok? Will I have troubles when trying to remove condition on my CR-1 if we live only 2-3 months together before filing for removal of conditions?

thanks!

[T and M 1]

Hi again,

just another question! If my wife leaves Italy AFTER filing for my green card through DCF. will it still be ok? I mean, she doesn't have to remain in Italy after filing, right?

thanks!

The only thing you should be careful about is that they might not give you a CR-1 if she is not there to be interviewed. Depending on your situation, they might want to see her. Or at the very least you will need to bring all your phone records and emails while you guys aren't living together. Remember the DCF process is proving you guys have a "bona fide" relationship. This can require serious documentation, especially if - like my wife and I - you were married recently, you married soon after meeting, or you lived in separate countries for some period of your engagement/marriage.

Come to think of it, not only did I have to appear at the US embassy in London with my wife to go through a rigorous interview process to ensure our relationship was "bona fide," but I had to accompany her to her visa interview, at which point I had to show that I was re-establishing residency in the US, show my drivers license and US bank accounts.

I think your wife could do most of this from the states, and apparently your English is good enough to go through the process alone, so maybe it will be fine.

No no no... I was asking something different (I think I didn't explain well, sorry).

AFTER we get my GC and we move to the US my wife (the US citizen) will move out the US to complete her studies. I (the petitioner) will have to stay in the US for about 1 year alone; is that ok? Will I have troubles when trying to remove condition on my CR-1 if we live only 2-3 months together before filing for removal of conditions?

thanks!

I am going to answer this on your other post.