DCF from Italy - Another question

[Erthwhile 0]

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!

[Erthwhile 0]

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!

other info:

1. I plan to entry the USA with my wife in May/June 2010.

2. My wife leaves. We keep on visiting each other and we'll have house rent/car/bank account in both's name.

3. My wife is back on October 2011. We start to FINALLY!! live together (we live together now anyway!).

4. In February/March 2012 we apply for removal of my Cr-1.

Will this work?

thanks!!

[pushbrk 12,898]

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!

other info:

1. I plan to entry the USA with my wife in May/June 2010.

2. My wife leaves. We keep on visiting each other and we'll have house rent/car/bank account in both's name.

3. My wife is back on October 2011. We start to FINALLY!! live together (we live together now anyway!).

4. In February/March 2012 we apply for removal of my Cr-1.

Will this work?

thanks!!

I think it will work, provided she enters the US with you or before you and remains until you enter. You'll share domicile several months before removal of conditions. You'll need to be careful to maintain your LPR status. Google "maintaining permanent resident status" for details on that but your stated plan looks like you wouldn't have a problem in that regard.

[Erthwhile 0]

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!

other info:

1. I plan to entry the USA with my wife in May/June 2010.

2. My wife leaves. We keep on visiting each other and we'll have house rent/car/bank account in both's name.

3. My wife is back on October 2011. We start to FINALLY!! live together (we live together now anyway!).

4. In February/March 2012 we apply for removal of my Cr-1.

Will this work?

thanks!!

I think it will work, provided she enters the US with you or before you and remains until you enter. You'll share domicile several months before removal of conditions. You'll need to be careful to maintain your LPR status. Google "maintaining permanent resident status" for details on that but your stated plan looks like you wouldn't have a problem in that regard.

We plan to enter together, then she would leave after 2-3 days to get back to her business at school. We would keep on visiting each other though, and in the meantime we'll establish as many things together as we can. Even if I'll be living somewhere else for my MBA, our domicile/residence will be in MO at her grandma's house. We would then live together for 3-4 months BEFORE filing for removal on my condition. Will this work? Or the interviewer will question the bona fide of the marriage because we are unlucky enough to have to spend so much time apart? Is schooling a good reason?

thanks!!

[Chica Yeyé 41]

She has certain limits in the times she can be out of the country and maintain permanent residence. The immigrant visa is for living in the US, not abroad.

[pushbrk 12,898]

She has certain limits in the times she can be out of the country and maintain permanent residence. The immigrant visa is for living in the US, not abroad.

"She" is the US citizen, so no restrictions. He's the one who needs to maintain LPR status.

[Erthwhile 0]

Yes, exactly, my wife IS the US citizen. I would not leave the US for more than 1 month probably in two year!

The fact is: if we lived 2-3 or 4 months together before applying for removal of conditions on my GC, will that be ok?

Will the explanation I was studying in the US she was studying in the EU be enough?

We live together in Italy now for instance!

Thanks!

[Chica Yeyé 41]

She has certain limits in the times she can be out of the country and maintain permanent residence. The immigrant visa is for living in the US, not abroad.

"She" is the US citizen, so no restrictions. He's the one who needs to maintain LPR status.

Sorry! He then

[Erthwhile 0]

But I (the immigrant) do not plan to leave the US after I ente! I'm onlh concerned that living only for 2-to-4 months (it depends on her schooling) together before applying for CR1 removal won't be enough.

Answers?

[Chica Yeyé 41]

But I (the immigrant) do not plan to leave the US after I ente! I'm onlh concerned that living only for 2-to-4 months (it depends on her schooling) together before applying for CR1 removal won't be enough.

Answers?

pushbrk gave you the answer already. Approval is NEVER a guarantee. Document everything to be able to send in a strong application package.

[T and M 1]

But I (the immigrant) do not plan to leave the US after I ente! I'm onlh concerned that living only for 2-to-4 months (it depends on her schooling) together before applying for CR1 removal won't be enough.

Answers?

Is your wife in Italy with US institution or grant program? If so, many residency requirements can be waived.

Can you be more specific? You are moving to the US for an MBA with a US institution? What years? She is moving to Italy with US or Italian university? What years? Where do you live now with your wife? In Italy?

There is no requirement you live with your spouse. My wife and I lived in separate countries for several months. It is a good idea, though, to keep ALL of your phone records, emails, hotmail chats, gmail chats, etc. Make sure your gmail/hotmail account is set to keep records!!!!! I forgot to do this for one month, but they were merciful!

[Erthwhile 0]

Hi again!

my wife is US citizen. Now she lives with me in Italy, and she's getting her italian "green card", which btw is a requirement for filinf for dcf in italy.

next year she will start her master program here which lasts 2 years. 2009-2011. In 2010 then though, I will start my MBA in the US. She will accompany me to the US in order to validate my GC, but then she will leave the US right away to finish her studies; after another year, in 2011, she would join me back in the US to live together.

Assuming I enter the US in May 2010, I will have to renew my GC by May 2012. She will move back to the US by Nov. 2011 at max. Is that enough time?

[T and M 1]

Hi again!

my wife is US citizen. Now she lives with me in Italy, and she's getting her italian "green card", which btw is a requirement for filinf for dcf in italy.

next year she will start her master program here which lasts 2 years. 2009-2011. In 2010 then though, I will start my MBA in the US. She will accompany me to the US in order to validate my GC, but then she will leave the US right away to finish her studies; after another year, in 2011, she would join me back in the US to live together.

Assuming I enter the US in May 2010, I will have to renew my GC by May 2012. She will move back to the US by Nov. 2011 at max. Is that enough time?

It definitely does not matter if your wife is living in Italy while you are in the States. Just make sure you document everything...that she is there for a limited time, that she will be re-joining you in the summer/fall of 2011. You should also keep records of all your conversations. You don't actually have to live with your wife. You just have to show that you have a bona fide relationship....and that you continue living in a legitimate marriage....I mean, the longer you live apart the more problems this will cause for you, but these problems can be mitigated by careful bookkeeping.

I also recommend you make all property and bank accounts joint property of the two of you. That has been known in the past to mitigate against snooping questions by immigration officers. My PR wife and I (USC) travel all over the world with my work and research, and sometimes are out of the states for close to six months at the time. That's why we put everything...all our property and accounts in joint ownership, we renew her drivers license etc, and we hopefully (fingers crossed) will have no problems.

Bottom line, you have to stay in the US, she doesn't. If you leave the US, you have to document why and not be gone too long.

Unless of course your wife is abroad on orders from a US company, US government, or a US university or research institution. In which case you can join her and live abroad as long as she is doing business for a US entity. You might even be able to apply earlier. Will her host be a US institution? Or will her studies be funded by a US body? This is very important as it can make things even easier for you. Either way, you appear to be fine with what you are trying to do.

[Erthwhile 0]

Hi again!

my wife is US citizen. Now she lives with me in Italy, and she's getting her italian "green card", which btw is a requirement for filinf for dcf in italy.

next year she will start her master program here which lasts 2 years. 2009-2011. In 2010 then though, I will start my MBA in the US. She will accompany me to the US in order to validate my GC, but then she will leave the US right away to finish her studies; after another year, in 2011, she would join me back in the US to live together.

Assuming I enter the US in May 2010, I will have to renew my GC by May 2012. She will move back to the US by Nov. 2011 at max. Is that enough time?

It definitely does not matter if your wife is living in Italy while you are in the States. Just make sure you document everything...that she is there for a limited time, that she will be re-joining you in the summer/fall of 2011. You should also keep records of all your conversations. You don't actually have to live with your wife. You just have to show that you have a bona fide relationship....and that you continue living in a legitimate marriage....I mean, the longer you live apart the more problems this will cause for you, but these problems can be mitigated by careful bookkeeping.

I also recommend you make all property and bank accounts joint property of the two of you. That has been known in the past to mitigate against snooping questions by immigration officers. My PR wife and I (USC) travel all over the world with my work and research, and sometimes are out of the states for close to six months at the time. That's why we put everything...all our property and accounts in joint ownership, we renew her drivers license etc, and we hopefully (fingers crossed) will have no problems.

Bottom line, you have to stay in the US, she doesn't. If you leave the US, you have to document why and not be gone too long.

Unless of course your wife is abroad on orders from a US company, US government, or a US university or research institution. In which case you can join her and live abroad as long as she is doing business for a US entity. You might even be able to apply earlier. Will her host be a US institution? Or will her studies be funded by a US body? This is very important as it can make things even easier for you. Either way, you appear to be fine with what you are trying to do.

Thanks to everyone, and to Thomas F the most so far!

Yes, she will rejoin me after finishing her studies in Europe, and we would live together in the US. It's just a matter of studying duties, if we can say so.

The only problem I see is that I will live basically alone for one year or more in the US after receiving my GC based on marriage But as you said, we'll keep plenty of emails and we'll visit each other often. Besides, completing our studies is a sufficient reason (I think) to stay away for each other (temporarily, of course! Figure out that even now that I had to stay 2 weeks without her I felt very sad! )

thanks guys, if you have any other thought, please let me know!

[Erthwhile 0]

Hi, so you say we won't have any problem even if we don't live much together as long as we document that she (the us pet) has a good reason for stay outside the us and we keep records of our chats, conversations, etc, right?