question about DCF, US Resident with Children in Italy

[Adrianne 0]

I have a friend of a family member who lives in Italy with her Italian husband and their children. Because my husband and I just finished adjusting his status and were approved she is asking me about how she, her husband and her kids move from Italy to the US. Hers is an entirely different process from what we went through and Im not even sure where to begin. I'm still getting details about their situation but this is what I know so far. She is an American citizen and I'm pretty sure could also be a citizen of Italy as well. The children were born in Italy, but its my understanding they would have US citizenship through their mother automatically right?

What would be her best course of action? I would think that Direct Consular Filing would be the best route, but with kids involved does this change her situation? They were married in the US, but have spent their married life in Italy. She has also asked if they could some how wait the process out while living in the states. I will provide more details as I can if that helps.

Thanks in advance.

[redglasses 1]

Were her children born in Italy? Did she submit consular reports of birth to the US embassy in Italy?

If the children already have US citizenship, there is no need for their paperwork.

She just needs to petition her husband's immigrant visa at the embassy, and she and her children can move back to the US right after that.

However, her husband has to remain in Italy till he has his IV interview and the visa is granted.

[Adrianne 0]

Thats what I thought. I am finding out more information about her children that were born in Italy.

Thanks for the speedy reply

[redglasses 1]

Oh, and I thought the website of USCIS at the US embassy Rome would greatly help her.

http://italy.usembassy.gov/dhs/uscis/services/I-130.asp

[Penguin_ie 5,996]

Redglasses is correct. The non-USC husband can probably visit the USA during the proccess on the visa waiver program, but I would not recommended it because DCF can move so fast and he could miss paperwork sent to his home in Italy while he's visiting the USA.

[Adrianne 0]

Quick update with some info

Children were born in Italy but she does have their births recorded at the Italian embassy, so yes no work needs to be done for them. I did however learn that she is NOT an Italian citizen also (surprised me a little, as she has been in Italy for awhile). can she still follow DCF?

[canadian_wife 1,827]

I assume although not a citizen of Italy that she is a legal resident. If so she can DCF (assuming so by the 'a while' comment of her stay in Italy)

Good luck

[redglasses 1]

The person who can petition an immigrant visa is a US citizen legally residing with a resident visa in a foreign country more than 6 months.

Not being an Italian citizen doesn't affect on her going for the DCF route.

[Adrianne 0]

fantastic Thanks so much for the help everyone

[christeen 966]

As long as she has a Permisso or carta d' identita she can file DCF, which is MUCH faster than the route from the US... Best of Luck

[txladykat 1]

As a side note, you said the children are registered at the Italian embassy. They need to be registered with the US embassy in Italy.