When to start the process for spouse

[jd68 1]

I am a US citizen living in Italy with my Italian husband. I have not worked since I moved to Italy 2009 & we married. We now want to move to San Diego, CA. Our plan was to for me to go first and to find employment and have him follow. My husband is in the process of selling his business in Italy so we will have a large amount of savings. I don't have a permanent address in the US as I am in Italy. I was going to crash at a friend's house for a couple months.

Would we be better off waiting until I have employment to start the proceedings? If we file immediately will changing my address in the US complicate/slow down the process? If we wait will time spent living apart been seen as unusual?

Any advice is appreciated. I'm getting different adive from lawyers, usually depending on what would be beneficial to the lawyer!

Thank you!

[Frips 166]

Start process now.

If you live together in Italy, maybe you`ll be "auto- expedite" at USCIS stage. When you will get approved petition from USCIS (NOA2) start thinking about the plan for you to move to US and finding the job...or maybe you could wait in Italy with your husband and use cash assets to meet requirement for AOS. At NVC stage you can "delay" visa process to some point.

This is my opinion.

PS..sorry for grammar mistakes...I`m learning ))

[Stressed Out 81]

Doesn't Rome allow DCF?

[Jnin 1]

Verify if Italy has Direct Consulate Filling (DCF) IS it a lot faster and the address you use is the italy one. For the Affidavit of income, you could ask a family or friend to be your joint sponsor.

[Camelott 2]

I give you this TIP.

Start now and don't get your residence in USA.

If you are resident in Italy, you can send you IR1 CR1 request directly to the US Embassy in Rome, much faster and easier then the USCIS way.

Good luck to both of you,

We are going to have the Immigrant Visa and before Xmas we hope to go home in USA:

[Stressed Out 81]

I wasn't sure if Rome had a USCIS field office or not, but if the above poster says they do then definitely stay in Italy and send your petition to Rome. Rather than waiting 1+ year(s) you're looking more at 3 months until you have the visa in hand and can fly. It's also much less stressful and saves you a bit of cash as DCF filers aren't required to pay the fee for the Affidavit of Support.

[NikLR 13,227]

Just an FYI for people.. These countries may have DCF because they have a USCIS field office..

http://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

Rome is one of those, so do the DCF route. Look up the I-864P and see if you have the assets needed so that you do not have to get a job first in the USA. But domicile may be an issue so you will want to search the forum for that.

[Pheebs1201 269]

As others have said, DCF seems the best choice.

[Darnell 8,478]

I am a US citizen living in Italy with my Italian husband. I have not worked since I moved to Italy 2009 & we married. We now want to move to San Diego, CA. Our plan was to for me to go first and to find employment and have him follow. My husband is in the process of selling his business in Italy so we will have a large amount of savings. I don't have a permanent address in the US as I am in Italy. I was going to crash at a friend's house for a couple months.

Would we be better off waiting until I have employment to start the proceedings? If we file immediately will changing my address in the US complicate/slow down the process? If we wait will time spent living apart been seen as unusual?

Any advice is appreciated. I'm getting different adive from lawyers, usually depending on what would be beneficial to the lawyer!

Thank you!

technically, you qualify for file for a different class of petition, that I-130 filed via direct consular filing into ROMA - then follow up and his interview in Napoli.

also, technically, after you file in ROMA, that I-130, you can scamper back to the USA, with the hope that :

1. you have enough assets on the I-864 to be above the 'level' [3 times the amount of the poverty line, about 60,000 in cash in usa account in your name] by interview day, 60 to 120 days after I-130 submittal. Can you two move the cash around within 60 days after filing I-130? . Or you've secured a joint sponser by interview day, 60 to 120 days after I-130 filing, to fill out a 2nd I-864.

2. you prove up usa domicile on interview day. you, not your spouse.

The process I'm describing is called Direct Consular Filing - where the I-130 is submitted into the USCIS office in your country. For Italy, that's ROMA. Is weird, interview occurs in Napoli, not Roma.

Good Luck, and God Speed !

Edited November 28, 2014 by Darnell

[Darnell 8,478]

Start process now.

If you live together in Italy, maybe you`ll be "auto- expedite" at USCIS stage.

OMG - Italy still has DCF - no need to hope/wait on the auto-expedite queue in Chicago. Really !

Verify if Italy has Direct Consulate Filling (DCF)

It does. USCIS office address is in ROMA.

Doesn't Rome allow DCF?

Uh, Yep. It's cool, and stuff. OP fits the requirement for filing, so all is golden.

[Frips 166]

Oops I didn't know that Italy has DCF....my mistake

[jd68 1]

Thank you all for the information! Much appreciated. If we file in Rome can I go to the US while waiting for approval? What exactly is needed to prove domicile in the US? Can provide a friend's address and show bills arriving in my name there? I plan on doing contract/temp work immediately upon arriving in the US while I look for a permanent position.

I find it a bit frustrating that I need a US address but we currently live abroad and we can't move together until he has the paperwork - but the paperwork requires a US address. Oh well, part of the game & part of the fun! I will be gathering my paperwork and getting translations done.

[Pheebs1201 269]

Thank you all for the information! Much appreciated. If we file in Rome can I go to the US while waiting for approval? What exactly is needed to prove domicile in the US? Can provide a friend's address and show bills arriving in my name there? I plan on doing contract/temp work immediately upon arriving in the US while I look for a permanent position.

I find it a bit frustrating that I need a US address but we currently live abroad and we can't move together until he has the paperwork - but the paperwork requires a US address. Oh well, part of the game & part of the fun! I will be gathering my paperwork and getting translations done.

A guide to DCF can be found here: http://www.visajourney.com/forums/topic/304-direct-consular-filing-explained/

[mallafri76 1,012]

One thing to add. The assets for your AOS don't need to be in a US bank account. My husband and I will use assets from my Swedish bank account to meet the AOS requirements and we have spoken to the US embassy in Sweden as well as USCIS, who both confirm that it doesn't matter if the assets are in America or a foreign country.