DCF Italy - Question about I864 with Joint Sponsor in the USA

[johnholmessc 0]

Hello everyone,

We have basically completed the compilation of necessary documents and we are getting ready to send everything to the US Consulate in Naples so that my wife's visa interview can be scheduled. However, I am unsure as to a point regarding the I864.

I will obviously be filing one in support of my wife, and am confident that I have the necessary income/assets to prove the ability to support. However, just to be on the safe side, my father will be filing a joint sponsor I864 as well from the United States. My question is this: I assume that my I864 will be accepted at the Consulate when we go for the interview, but what does my father need to do with his? Should he send it to me so that it can be reviewed at the Consulate at the same time, or does he need to send it somewhere in the United States?

Any information regarding this matter would be greatly appreciated; thanks again to all of you knowledgable people...

[txladykat 1]

You will both file yours at the same time, at the embassy. Note that you will need proof of your father's US citizenship, certified birth certificate or a copy of his passport. It is recommended that his passport copy be notarized.

[johnholmessc 0]

Thank you for the prompt response. Hence he simply needs to send the I-864 to me in Italy with the necessary documentation that you mentioned in your reply, and I file both his and my I-864 at the Consulate? In other words, he does not need to be physically present, correct? My apologies if I am getting too elementary here, but I want to make sure that I have everything down before scheduling this interview. Thanks again.

[txladykat 1]

Correct, he just sends them to you, and you bring them with you at the time of interview.

[italy to USA 0]

Thank you for the prompt response. Hence he simply needs to send the I-864 to me in Italy with the necessary documentation that you mentioned in your reply, and I file both his and my I-864 at the Consulate? In other words, he does not need to be physically present, correct? My apologies if I am getting too elementary here, but I want to make sure that I have everything down before scheduling this interview. Thanks again.

Hello Inter. I see that you have petitioned for your wife here in Italy. I recently did too. I just wondered if you could tell me how long the whole process took? How long after you sent your I-130 (to rome I guess) did you get a response from them? Any info will help me along on my own journey.. did anything else come up that maybe i should take into account?

O

[christeen 966]

Ciao, I seem to have found all the Italian cases..lol... I think I messed up You see, I have filed my I-130 here in the US and am waiting at the CSC.

However, I also have residency in Italy in the form of my Permisso Di Siorggornio and and Carta di Identita. I was wondering if it might be possible to switch to a DCF filing at this point? I only ask as it has been 3+ months waiting for NOA2 and not looking to be moving too fast.

I will be in Italy with my husband for the next 6 weeks and wondered if possible to switch or also file there or would that screw stuff up??? Is it a faster process at this point, just wonderdering what ya'll think??

BTW, my husband and I have been married for 7 years but he worked on a ship so we could not apply earlier. I have had my residence there since 2004.

Any info would be helpful... Best of luck to all!!

Thanks

Christeen

[txladykat 1]

I think you are going to have a hard time, simply having the Italian residence permit does not give you the right to file DCF. You have to be residing in the country for the 6 months preceding the filing on a continuous basis. Since you have already filed in the US, you are on the record as residing in the US, stating anything different would be fraud and could get you in trouble

[christeen 966]

I am going to ask when I am there in Italy...

Thanks

Christeen

[txladykat 1]

Ok, but this is not a consular decision, this is a requirement of the USCIS. To file an I-130 at an embassy abroad, you must reside there continuously for 6 months immediately prior to filing.

9 FAM 42.41 N4.2-2 Petitions Executed by U.S. Citizenship

& Immigration Services (USCIS) Abroad

The only conditions under which petitions may be filed at post are:

(1) The petitioner is a resident of the consular district. The petitioner

must have maintained continuous residency in the consular district

a minimum of the preceding six months in order to demonstrate

residency. (noting that this part is in bold italics on the website)

You may accept Form I-130 petitions from U.S. citizens

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas

9 FAM 42.41 Notes Page 7 of 18

who reside in your jurisdiction and have done so for the previous

six months. U.S. citizens whose principal residence is not in the

consular district, and/or who have entered the consular district as a

temporary visitor/student/or with limited leave to enter and remain

must file the petition with the appropriate USCIS service center in

the United States.

d. If a petitioner has met one of the requirements in paragraph c above, and

you conclude after reviewing the petition that it is not "clearly

approvable," you are not authorized to deny the petition. Instead,

forward the petition, with all supporting documents, to the appropriate

USCIS office with jurisdiction over that location. (See 9 FAM Appendix N,

201 c.)

I am going to ask when I am there in Italy...

Thanks

Christeen

[johnholmessc 0]

The Permesso di Soggiorno (or Carta di Soggiorno) is sufficient proof of residency to file DCF with the US Embassy in Rome. I called several times to confirm this at the beginning of the year to be 100% sure of this fact.

It actually took approximately 2 months from my filing of the I-130 to have it approved, but I think that was more of an exception than anything else, as they had to wait for my wife's A-Files to arrive from the US. Generally, the waiting time seems to be 1-2 weeks. If you're able to switch over, it might save you a considerable amount of time.

[txladykat 1]

The Permesso di Soggiorno (or Carta di Soggiorno) is sufficient proof of residency to file DCF with the US Embassy in Rome. I called several times to confirm this at the beginning of the year to be 100% sure of this fact.

It actually took approximately 2 months from my filing of the I-130 to have it approved, but I think that was more of an exception than anything else, as they had to wait for my wife's A-Files to arrive from the US. Generally, the waiting time seems to be 1-2 weeks. If you're able to switch over, it might save you a considerable amount of time.

Yes, the residence permit is enough, but you were also actually residing in Italy. In the above case, they have the residence permit, but are not residing in Italy. The paperwork will ask where they reside, and if they state Italy, they are lying on the paperwork, and if they state the US, they don't qualify for DCF, even if they have an Italian residence permit.

[johnholmessc 0]

Yes, the residence permit is enough, but you were also actually residing in Italy. In the above case, they have the residence permit, but are not residing in Italy. The paperwork will ask where they reside, and if they state Italy, they are lying on the paperwork, and if they state the US, they don't qualify for DCF, even if they have an Italian residence permit.

Fair enough, and technically I am sure that is true... but when I called the US Embassy in Rome, they certainly went out of their way to infer that they really didn't care about how long you were in Italy, as long as you had the Permesso di Soggiorno. They actually gave me the impression that they were bored and wanted people to send these things in so that they had something to do...

[txladykat 1]

Haha! Well hopefully it works out! Good luck and hope you both reside in the US very soon! On the other side of things, I am dying to visit Italy. We didn't get to while we were living in Denmark (he is from Denmark). My husband loves Italy, he vacationed there every summer growing up.

Yes, the residence permit is enough, but you were also actually residing in Italy. In the above case, they have the residence permit, but are not residing in Italy. The paperwork will ask where they reside, and if they state Italy, they are lying on the paperwork, and if they state the US, they don't qualify for DCF, even if they have an Italian residence permit.

Fair enough, and technically I am sure that is true... but when I called the US Embassy in Rome, they certainly went out of their way to infer that they really didn't care about how long you were in Italy, as long as you had the Permesso di Soggiorno. They actually gave me the impression that they were bored and wanted people to send these things in so that they had something to do...

[christeen 966]

OK... So I contacted Rome and they stated that Yes, I could file DCF (stupid me for not asking sooner) as I have the permisso and my Carta D'Identita (went and got one from the Communa) however.... And is was a BIG however.... I would have to first write and cancel my current application with USCIS...

So my husband and I were debating the pros and cons of doing this when.... BAM... we checked and our I-130 was approved.... So end of discussion for that. Now we are at NVC and got our case # and I came back here to Florida to do everything while my husband is training in Denmark (for the company he will work for here in the USA)...

But I am so very pissed off at myself for not checking into that sooner... I could have saved myself a HUGE hassle and wait if I would have investigated DCF... I honestly did not know that it existed

But Live and learn!!!

BTW Txladycat.... Is there a listing of approved medical facilities in Italy for the exam, or will the Embassy give us a listing???

[txladykat 1]

Yes, there is a list on the uscis website. I had it bookmarked, but my computer crashed last week and I am running on a new one. I will see if I can track down the link again and post it for you.