Question Regarding the Consular Interview

[CodyM 0]

So I am getting ready to mail the I-130 package. My wife had entered the US on the visa waiver program. After we married she had to return to Italy as not to overstay her visa. What I am concerned about is the interview, with me being in the US and her doing the interview in Milan, Italy am I supposed to be present? Am I going to have to fly to italy just for the interview? This may not be possible for me to do and I am deeply concerned this could screw the whole thing up. Thanks in advance for any advice.

[Ryan H 3,812]

First of all, her visa interview will not be in Milan, it will be in Napoli. The only US Consulate in Italia that does immigrant visa interviews is the consulate located in Napoli.

Italia is considered a low visa fraud country and therefore, your presence at your wife's interview is most likely not required nor necessary. With that being said, I cannot be 100% sure and those more familiar with Italia should chime in and I would go with what they say.

[NikLR 13,227]

I don't think Italy is a country where you need to be present for the interview. There are certain countries where the consulate or embassy won't let you in and there are others where the spouse SHOULD be there, but I haven't heard that Italy is one of those. You should be okay.

[CodyM 0]

We put Milan on the forms for the US consulate because when we look up the offices that was the one nearest too her, is this going to cause a problem? We were unaware that consulate didnt do that. Do I have to have her print out a corrected form sign it and waste precious time mailing it to me?

[Darnell 8,478]

Nope, NVC will choose for her. No worries there.

[CodyM 0]

Thank you all very much, I am very stressed that I am going to do something wrong and cause delays. She has only been gone one week and its already difficult not being with her, we figure we have at the very least 6 months before she can come back and we want this to go as fast and smooth as possible.

[CodyM 0]

In the guides on VJ it does not say anything about needing my spouses birth certificate, but I am reading on other places a translated copy of hers is required. Is this true?

[Ryan H 3,812]

In the guides on VJ it does not say anything about needing my spouses birth certificate, but I am reading on other places a translated copy of hers is required. Is this true?

For submission of an I-130, your spouse's birth certificate is not required. Here's the but, personnel at local USCIS field offices that have been adjudicating I-130's filed on behalf of a spouse appear to be using an old manual instead of an updated one because there have been numerous reports on VJ of RFE's being issued for the beneficiary's birth certificate.

[a+j 77]

My fiance wasn't with me during my interview and I was approved just fine. What really seemed important for the approval was having all the paperwork in order, and fulfilling the economical requirements on the affidavit of support.

Read the reviews of the Consulate in Naples, so you'll know what to expect:

http://www.visajourney.com/reviews/index.php?cnty=Italy

and good luck!

Edited April 9, 2013 by a+j