DCF for IR1/CR1 for Brazilian wife living in Italy after overstay...oh my!

[This is Ranko 0]

I have searched the forum a bit but have yet to find a situation that fits mine. That's not to say I am special, but I just have not been able to put together enough pieces to answer all of my questions.

I am an dual italian-american citizen, and I met my Brazilian now-wife when we were both living in Boston. At that point she had already overstayed a J-1 visa by almost 2 years. After 2 years together in Boston, she returned to Brazil while I moved to Italy for work. After 2 years apart we married in Brazil and she moved to Italy with me, where she is a legal permanent resident.

I am working under the assumption that she will have a 10 year ban due to the overstay. I do not intend on lying on any application forms, so even if they are not aware now, they will be once we disclose residences for the past 5 years.

We do not at the moment intend to return to live in the US, but I do have family there and would certainly like to visit them with my wife in the near future.

My questions are as follows: Can we apply for her GC while intending to remain living in Italy, or do we need to be moving back to the US? If not, what type of visa would be appropriate for occasional visits? Would she even be eligible for any of these considering the overstay? If she does not return to the US,and in 3 years becomes an Italian citizen, will she then be able to enter the US on the VWP, or will they remember her as a Brazilian citizen?

I hope these questions are relevant to this forum, but if they are not please direct me to where they would be more appropriate.

You have my appreciation for any responses.

Paolo

[This is Ranko 0]

I have searched the forum a bit but have yet to find a situation that fits mine. That's not to say I am special, but I just have not been able to put together enough pieces to answer all of my questions.

I am an dual italian-american citizen, and I met my Brazilian now-wife when we were both living in Boston. At that point she had already overstayed a J-1 visa by almost 2 years. After 2 years together in Boston, she returned to Brazil while I moved to Italy for work. After 2 years apart we married in Brazil and she moved to Italy with me, where she is a legal permanent resident.

I am working under the assumption that she will have a 10 year ban due to the overstay. I do not intend on lying on any application forms, so even if they are not aware now, they will be once we disclose residences for the past 5 years.

We do not at the moment intend to return to live in the US, but I do have family there and would certainly like to visit them with my wife in the near future.

My questions are as follows: Can we apply for her GC while intending to remain living in Italy, or do we need to be moving back to the US? If not, what type of visa would be appropriate for occasional visits? Would she even be eligible for any of these considering the overstay? If she does not return to the US,and in 3 years becomes an Italian citizen, will she then be able to enter the US on the VWP, or will they remember her as a Brazilian citizen?

I hope these questions are relevant to this forum, but if they are not please direct me to where they would be more appropriate.

You have my appreciation for any responses.

Paolo

Just noticed in the DCF guide that I need to prove domicile in the US, or intent to establish. I guess that rules out the GC for now, are there any other options for occasional visits back home?