Italy: DCF vs filing from US; spouse overseas

[aynom 0]

Been in Italy almost 2 years. MANY problems getting Permesso over this time (moved residence, names being different for having married name, etc). Just recently recieved receipt. Purchased a home in Fl under my name (USC) and setting up domicile. Have assets here in Italy for husband. Planned to go to the US (plane tickets for Jan 1), return to my old job that is available to me (no problems) and complete entire process for domicile. Planned to wait til May to return to file DCF (for 6 month residency [after permesso]) from Italy.

Question is if we are doing all this and having to wait, can I not just begin application from the US as a USC without DCF process from Italy and have my husband still attend the interview, etc here in Rome? We have a lawyer lined up first thing in Ocala near our new home but we can't get any info on this until we arrive per the lawyer. We want to be prepared however before I leave Italy. Is there a possibility to do this from the US and just get this started (he will still be dealing with the local embassy here; we think this can help expidite at least the last part of the process)? Will it still be DCF if done from there since he is overseas still?

Thanks in advance.

[christinald 0]

I would suggest studying the timelines on VJ to get an idea of how long the process for a petition filed from the US takes. The benefit of filing DCF is that the whole process has a much faster turnaround for US citizens who have legal residency in Italy, but if you still have to wait another 6 months before even starting the process the DCF route, then that expedited timeframe could be negated anyway.

In that case, you could go ahead and file in the US ASAP, that way the process is already in the works.

Regardless, your husband will have his interview at the US Consulate in Naples. DCF only comes into play for the initial I-130 petition.

[lost_at_sea 995]

Are you still in Italy and can you show you've been resident already? I'd file DCF before you leave if so. I'm a little confused by your use of tenses as to where you are right now.

A temporary/short visit to the USA, if you have Italian residency, also shouldn't mean you have to wait another 6 months before you can file.

[aynom 0]

We are here in Italy. We have to wait 6 months yet from the time we have the actual permesso. Like anyone else in DCF filing; I have had to re set up domicile in the US. I have no family or help for me to do this. That requires the first step before even filing of setting it up; having a home is not enough. Our plane tickets are for Jan 1. We will be in Ocala Jan 2 in the new house we just got to begin domicile. My kids have been in school here the whole time and I think that is the only way we can show proof of our being here but it is not legal residence until we have our official permesso. Even now, we have only the receipt to be able to go in and out of Italy. While Italy is really not so strict about certain things; they are for sure very strict on the law when it comes to immigration. There were problems with only paperwork and small technicalities to hold off our Permesso; each time we had to go to the embassy or change a small technicality, Questura was very nice to us and informal. They said they believe us and it is only a little thing but still has to be documented the correct way. Come back after it is changed. We have stamps on all our paperwork from each time we went to questura these past months; they were very good about that. Not even looking forward to having to explain all this at customs leaving the country if they ask (have the reciept so hopefully no probs).

At this point, after all the problems and circles we ran through for what should have been a fairly simple 2 month procedure (the permesso) we are thinking very seriously to just applying in the US. Everyone here understands there will be a wait time and we have made some provisions for this (at worst we are thinking to meet up a couple weeks over the summer in Mexico [smile]). I am more nervous about the process and that it is done correctly. We have really been frustrated for trying to do everything the right way and having to meet so many barriers.

[Je e Gi 1]

I would contact the embassy in Rome first and ask what they will need to prove that you have had residence. My permesso di soggiorno took about 3 months or more to get the actual paper but if you have other ways of proving that you have been resident, they might accept that. Have you done the residence paper with the circoscrizione? or with the office of where you are living to show that you are at that residence in Italy? I would recommend doing DCF if you can as it is a much shorter process. The last visas (including my husbands) that have been filed DCF have been processed in 2-3 months however we also met people at the interview that filed in the US last year and are now just getting the interview so it could be a year if you file in the US.

[aynom 0]

Thank you so much for your response. We will ask for sure at the Embassy; have to go there on Tues. We went to register here in Scandriglia and were told we could register my kids for school (had to and paid taxes) but for actual residency we had to go the La Questura in Rieti (straight to immigration). It is them that we have been dealing with these last 6 months or so. It is a good suggestion to talk to the Embassy first while we are there and see about if we can do that. My kids are teenagers and need to get back to the US (lots of problems here for them with school, adjusting, etc. One of the main reasons for the return). We have read that if there are dependents or children that would miss their parent due to them staying, an exception to the six month wait can be given.

Thanks again so much for your thoughtful responses and real help. The info is greatly appreciated.

[bellavita38 1]

When we filed out 130 dcf Rome all I submitted was a copy of my carta d'identita and it was enough. You might not need to wait for the permesso. Permesso process is a mess in Italy with all the refugees plus poor immigrants from the other EU countries.

Do you have the carta d'identita?

[aynom 0]

I actually now have the receipt for our permesso and yeah; holy cow. We got to know all of the people there at the Rieti office by name by the time we were done. Even got to know people at the Embassy; we are really ready for anything now after so many times. US immigration, bring it on (smile). We are now waiting for the visit from the police to verify we are living together. They say a month which will get us a week before Christmas. Even nervous about that because we (my kids and I) are scheduled to leave to set up domicile the week after. As usual, here in Italy with any process, time will tell.....

[christeen 966]

I actually now have the receipt for our permesso and yeah; holy cow. We got to know all of the people there at the Rieti office by name by the time we were done. Even got to know people at the Embassy; we are really ready for anything now after so many times. US immigration, bring it on (smile). We are now waiting for the visit from the police to verify we are living together. They say a month which will get us a week before Christmas. Even nervous about that because we (my kids and I) are scheduled to leave to set up domicile the week after. As usual, here in Italy with any process, time will tell.....

Physically go to the local police office and ask them... They did our interview right there (after the wait period) without a home visit ... Getting ANYTHING done in Italy, let alone anytime near Christmas is in Italy is missing impossible!

[aynom 0]

Hey Christine, Thanks again so much. What is the waiting time? I am more confused because I can't understand the language so well so going by what we can understand with this. All they said at La Questura was we will get a visit from the police and have to sign (both of us) for something sometime in the next month or so.

[christeen 966]

From the time we filed for the Carta identita I think it was 30 days? I forget... But we went to our local police station and told them we had plans could we arrange the visit, they did the interview right there (and were happy tomnotmhave to deal with the visit bother) not sure if that was a "local thing" or what... But you know Italy, sometimes you roll the dice and get lucky other times brick wall...

[aynom 0]

Ok now; great news! We went on Friday to the local Carribieneri to see if we could request a visit before Christmas and they were locked down tight. We called last evening to make an appt and planned to go to Rome today. Thank God I got a headache! Carribieneri knocked on the door at around noon today (YAY!). We think ASL loves us for all the times we thought my dog was ready to travel back with my name securely on ownership and the new steps we had to take. They just keep wanting to see us (smile). Even our vet baffled at some of the new 'precautions' that weren't quite outside the law but ASL wouldn't approve for her travel out of the country. Permesso process in full force with receipt and fiscal code in hand. On to the next painful process on the American end. Will be returning to Italy in March to pick up my permesso and try to file DCF from here but are prepared to have to make one more trip after in case they push the 6 month to the day. Can't hurt. With the job starting in the US and everything to get going for DCF, domicile, the wait and the time off in between we are a little um bogged down with plans BUT BRING IT ON! We are ready for even the US process now (smile)!