DCF from Italy - Question

[Erthwhile 0]

Hi,

I'm an italian citizen married to a US citizen. My wife (the US citizen) moved to Italy with me, where

we got married and where we lived. She has just received her permit of stay

(equivalent to a US green card), and this will entitle us to apply for a green card for me

via DCF later this summer.

My wife will soon start a master's degree in Italy (in September) and she will finish it in September 2010.

Anyway, I'm applying this fall to a MBA program in the US, and I would move to the US before her

(more exactly, I plan to move to the US in June 2010 to start the MBA in August while she would then join me in the US -

where we will live together - in September of the same year).

My question is: will this be a problem? Will the fact that Iìll move to the USA

before she completes her master be a problem?

In any case, we would enter the US to activate my green card together, and that

requirement would so be satisfied. But I worry that they would ask me what my wife

is planning to do during my interview, denying my visa when they know that I plan

to move there and stay there 3-4 months before she joins me.

What should we do? Should we really worry?

Thanks a lot for your help folks!

[YuAndDan 153]

Probably will not be a problem as long as your wife travels with you when you come to the USA, and then return to Italy to complete her studies.

Keep in mind she will need to prove that she maintained US Domicile in order to sponspr your green-card.

More: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

[Erthwhile 0]

Probably will not be a problem as long as your wife travels with you when you come to the USA, and then return to Italy to complete her studies.

Keep in mind she will need to prove that she maintained US Domicile in order to sponspr your green-card.

More: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

Yes,

she has US domicile at her grandma's house. She has a US driving license and 2 US bank accounts, and she receives all of her US correspondance there. IS this enough?

[Chica Yeyé 41]

It sounds just OK to me. How about her taxes - has she filed while abroad?

[Erthwhile 0]

Probably will not be a problem as long as your wife travels with you when you come to the USA, and then return to Italy to complete her studies.

Keep in mind she will need to prove that she maintained US Domicile in order to sponspr your green-card.

More: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

Yes,

she has US domicile at her grandma's house. She has a US driving license and 2 US bank accounts, and she receives all of her US correspondance there. IS this enough?

Oh by sponsor you intended I-864! Yeah, as I said she has a USA driving license and 2 bank accounts there.

But she hasn't income, so we'll use my assets to sponsor me. In this case, what should we do? Should we file for I-864 separately?

[Chica Yeyé 41]

Your wife HAS to submit her own I-864; since she is the primary sponsor - in this case, along with an explanation of why she has not filed taxes. And of course include your income since it will continue in the US. You only submit one.

Hope this is clear, I am running low on coffee

[YuAndDan 153]

Oh by sponsor you intended I-864! Yeah, as I said she has a USA driving license and 2 bank accounts there.

But she hasn't income, so we'll use my assets to sponsor me. In this case, what should we do? Should we file for I-864 separately?

Yes She has to provide an I-864 in order to sponsor your visa and green card, and if she has no income, then you will need a Joint sponsor who is living in the USA, the joint sponsor will provide an I-864 too.

[Erthwhile 0]

I don't get it... if my wife has no income and we want to use my money/assets, what should we do exactly?

thanks!

[Chica Yeyé 41]

I don't get it... if my wife has no income and we want to use my money/assets, what should we do exactly?

thanks!

She would still submit her I-864; and indicate no income, etc., etc. She is the primary sponsor. In this I-864 you would include assets, if they fall within what is specified as allowed.

Your joint sponsor -whomever that might be- submits ANOTHER I-864.

[kaffy 2]

Are the assets jointly owned by you and your wife? If so then she'd put that on her I-864

[frali 2]

If the assets are only in your name then it will be counted at one-fifth of its value. While if the assets are jointly owned then it will be counted at one-third the value.

[Erthwhile 0]

If the assets are only in your name then it will be counted at one-fifth of its value. While if the assets are jointly owned then it will be counted at one-third the value.

and to act as a sponsor, my wife has to prove to be domiciled in the US? how can she do that if she lives in italy and will attend school in italy until 2010 (the same year we'll go to the US by the way). She has an address where she can receive mail, she has a US driving license she just renowed, she has two us bank accounts and she plans to move to the US after she ends her studies. Will that suffice?

thanks!

[johnholmessc 0]

I think that's sufficient proof of having domicile in the US. I'm in Italy as well (filing DCF for my wife who is Italian) and I think that it's safe to say that I have domicile in the US, given that I have a bank account there, credit cards, receive mail there, South Carolina license, voted in the last elections, etc. As long as she has at least a couple of these going for her, I think that you all will be fine.

[Erthwhile 0]

Hi guys again,

do you think that we would have any problem as we plan to enter the US together and then my wife plan to live outside the country (she is the US citizen) for 3-4 months to complete her education in Italy? The fact is we cannot postpone our entrance to the US because I will start school there. But after she finishes, she would join me in the US.

Do you think that will be fine?

thanks

[kaffy 2]

I don't see a problem with that as long as you can show it's only temporary and that she'll be back by a certain date