DCF in Italy

[schillaci 0]

Hi All

So I am maried to a citizen of Moldova and I am an American citizen. We both live together in Italy. We were married this past October. Originally we were thinking of me coming to the US for a few months and her meeting me there on a visitor visa then if we decided to stay we would return to Italy to file the DCF for an immigrant visa.

We have since changed our minds and have decided to just live in the US for the foreseeable future. So I am asking for some advice on the procedure.

We will need to the submit the I-130 along with some documents. Then we wait for the Packet from Naples so we can fax a form back to schedule the interview.

I understand this as I have read it already here on the forum and from the guides.

My case might be different though. I was previously married to a woman from Romania and she was denied her visa to enter the US. The marriage from the begining was a mistake so when she was denied I let it go and we got divorced. Since she never came into the US do I need to submit the divorce papers with the I-130? I of course will check the box that asks if I ever sponsored anybody before and will put her name and such but I wonder if I need to submit the divorce papers(which I dont have anymore since I lost them in a flood). And can the I-130 be submitted without these papers and given to them during the interview instead if I can manage to get a copy?

Also, when it comes to the I-864 sponsor form, do I need the original or can it be faxed to me here in the US?

We dont share a bank account or have a lease together in both our names. We only have our marriage certificate and her Italian ID card and my Italian ID and certifcate of residence with our common address on it. Is that enough for them at the interview to show that we our legitimately married in addition to our marriage certificate? Of course we will also bring potos of us before we were married and my visas to visit her and her visas to visit me and things like that to show that we have had a relationship for over one year before we were married.

So, what documents do I need to have with the I-130 and which ones can wait until the interview? Do i need the affidavit of support when I submit the I-130?

Any and all information would be appreciated. I am sure I will have many more questions.

[Penguin_ie 5,996]

You will need the divorce decree to show you are legally married to your new wife, it's not just about the old wife not getting a visa; most embassies also want the marriage cert from the first marriage. If you don;t send it in with your I-130, it will be rejected or you will get an RFE for it, they won't schedule an interview before thye have all the paperwork necessary. Contact the court where you were divorced, they should be able to give you a copy.

The I-864: It needs to be your original signature, no faxed copies. BTW are you - the USC- are in the USA now, no longer legally resident in Italy? If so, you cannot do DCF and need to file via the Chicago lockbox in the standard way. If you are just on a quick trip to the USA though, don't worry- the I-864 isn't needed till the interview.

You have enough proof of legal marriage, the marriage cert alone should be fine. You may need more proof of bonafide marriage though, such as photos of the wedding and with eachother's families, letters addressed to both of you etc.

[schillaci 0]

You will need the divorce decree to show you are legally married to your new wife, it's not just about the old wife not getting a visa; most embassies also want the marriage cert from the first marriage. If you don;t send it in with your I-130, it will be rejected or you will get an RFE for it, they won't schedule an interview before thye have all the paperwork necessary. Contact the court where you were divorced, they should be able to give you a copy.

The I-864: It needs to be your original signature, no faxed copies. BTW are you - the USC- are in the USA now, no longer legally resident in Italy? If so, you cannot do DCF and need to file via the Chicago lockbox in the standard way. If you are just on a quick trip to the USA though, don't worry- the I-864 isn't needed till the interview.

You have enough proof of legal marriage, the marriage cert alone should be fine. You may need more proof of bonafide marriage though, such as photos of the wedding and with eachother's families, letters addressed to both of you etc.

Thanks for the information.

Well, the divorce papers were from Romania. Since the marriage was never registered in the US courts or city hall or anything I couldnt get a divorce in the US. So I will get a copy of the divorce papers from Romania.

I am currently in Italy with my wife. I am planning on going back to the US in January and coming back here before the interview so we can go back to Boston together. I am an Italian citizen, as well as American, with residence here in Italy.

[schillaci 0]

You will need the divorce decree to show you are legally married to your new wife, it's not just about the old wife not getting a visa; most embassies also want the marriage cert from the first marriage. If you don;t send it in with your I-130, it will be rejected or you will get an RFE for it, they won't schedule an interview before thye have all the paperwork necessary. Contact the court where you were divorced, they should be able to give you a copy.

The I-864: It needs to be your original signature, no faxed copies. BTW are you - the USC- are in the USA now, no longer legally resident in Italy? If so, you cannot do DCF and need to file via the Chicago lockbox in the standard way. If you are just on a quick trip to the USA though, don't worry- the I-864 isn't needed till the interview.

You have enough proof of legal marriage, the marriage cert alone should be fine. You may need more proof of bonafide marriage though, such as photos of the wedding and with eachother's families, letters addressed to both of you etc.

Thanks for the information.

Well, the divorce papers were from Romania. Since the marriage was never registered in the US courts or city hall or anything I couldnt get a divorce in the US. So I will get a copy of the divorce papers from Romania.

I am currently in Italy with my wife. I am planning on going back to the US in January and coming back here before the interview so we can go back to Boston together. I am an Italian citizen, as well as American, with residence here in Italy.

Ok 2 quick questions. For my wife's police report, does she have to get it herself in her country or can she have somebody send it to her? And paying for the I-130, do I need to get a money order in US dollars or is it possible to pay for it by credit card?

[Erthwhile 0]

Your Romanian divorce papers will do it. Also, remember that to file DCF both you and your current wife must be in possess of a permesso di soggiorno.

good luck!

[schillaci 0]

Your Romanian divorce papers will do it. Also, remember that to file DCF both you and your current wife must be in possess of a permesso di soggiorno.

good luck!

Thanks Rob

I am an Italian citizen and have rsidence here in Italy so I am all set with that is no problem. We have been married 3 months so she still is waiting for her permesso but she has the receipt and has done her biometrics for it. In fact she should have it before the interview. Anyway from what I understood, she didnt need her permesso, she just needs to show that she lives here. She has an Italian ID showing her address, same as mine. She just can't use her ID to travel with as I would be able to do.

Anyway, The main thing was the divorce papers. Which I got yesterday from my ex.

So we will file before the end of the month and I will come to Boston for a few weeks to start my job and to open a bank account and things like that. But what about the [ayment for the I-130? Does anybody know?

[schillaci 0]

Thanks Rob

I am an Italian citizen and have rsidence here in Italy so I am all set with that is no problem. We have been married 3 months so she still is waiting for her permesso but she has the receipt and has done her biometrics for it. In fact she should have it before the interview. Anyway from what I understood, she didnt need her permesso, she just needs to show that she lives here. She has an Italian ID showing her address, same as mine. She just can't use her ID to travel with as I would be able to do.

Anyway, The main thing was the divorce papers. Which I got yesterday from my ex.

So we will file before the end of the month and I will come to Boston for a few weeks to start my job and to open a bank account and things like that. But what about the [ayment for the I-130? Does anybody know?

Dos anybody know anything about how Naples does the appointments for the interview? How many times a month? And about how long from when you fax the 230 do they usually have the appointment? One last question, when you make the appointment do you have options of when you would like the interview or do they simply tell you what is available and they give you the option of which date you would like?

[Zia Holly 0]

Dos anybody know anything about how Naples does the appointments for the interview? How many times a month? And about how long from when you fax the 230 do they usually have the appointment? One last question, when you make the appointment do you have options of when you would like the interview or do they simply tell you what is available and they give you the option of which date you would like?

As soon as you faxed the 230, Naples will respond within few days through email and advise you to call the consular to arrange for the interview. You will be asked to contact the Visa Information Service toll number. Usually, they will tell you what is available for the current and the following month and you have the option to select.

Good luck.