New Yorker living in Italy. Confused please help.

[LaurenFromNYC 0]

Hi All! I’m a United States citizen. I’ve been living in Italy since September 2018. On November 30, 2019, I got married IN ITALY to an Italian guy. 
 

We want to move to the United States ASAP, preferably NYC where I’ve lived my whole life. 
 

So far I have filled out the i130 form. Then I got stuck. 
 

I do not know what else I am supposed to fill out (when applying from Italy) OR where to send stuff. Dallas lockbox ? Or do I try to make an appointment with the Consulate here in Italy? Where - Naples? I tried to call and can’t get a human.  
 

I looked here and on USCIS site. 

 

SOME OTHER QUESTIONS I HAVE:

 

1) SPONSORSHIP: I have not worked since July 2018. I have no income. Even then, I was not making enough to sponsor my husband. I have no assets. Can my MOTHER who is also a citizen, sponsor him on her own? How do I go about that? What form? 

 

2) PROPOSED RESIDENCE:

I listed my mom’s apartment for where we would live after moving to NYC. She owns it and it’s where I grew up. I still get mail there I’m sure and it’s listed on my expired driver’s permit. 
 

3) PROOF OF CONTINUED RESIDENCE IN USA

Someone told me that I need to show that I am still a resident of New York. Meaning I should vote, renew my expired driver’s permit (I don’t have a state ID or license) and take other affirmative steps to show I have not abandoned New York/ USA.
 

Is that true? My family immigrated to NYC almost 150 years ago and has been there since. I was born in NYC and have lived there my whole life. Since I moved to Italy September 2018, I’ve visited NYC from December 22, 2018 to February 1, 2019, and from May 22 to June 15, 2019. by just being out of the country on and off for 14 months, I obviously have not lost my citizenship. 
 

4) APPLYING FOR SPOUSE VISA FROM ITALY

I know it is more difficult & lengthy to apply from OUTSIDE the USA. Has anyone done this who could contact me?

We got married in Italy instead of in USA because my husband is not in the financial position to quit his job in Italy while living in USA and waiting for a visa in USA. He wants to apply for jobs in USA but feels that it will be easier to get one once he has obtained his green care or its at least pending. Getting a job to sponsor him is difficult. 

 

I want to move back ASAP but I don’t want to leave my husband. I don’t have the funds for a lawyer. I am homesick and miss my family and friends and my city. I am not fluent in Italian and it’s hard to find work here. I think I have more opportunities back home. 
 

Please message me or comment if you have been through this or you can help. 

 

[JFH 12,190]

You need to send your petition to the Dallas lockbox as you are an overseas filer. Follow the instructions very carefully. These accompany the I-130 form on the USCIS website. There are various things you must send with the I-130. Read the instructions thoroughly before you do anything else.

 

After you send it, it’s a waiting game for approval. Could be up to a year. 
 

You are your husband’s sponsor even if you have only 1 cent in the bank and no job. You mother can be a joint sponsor, assuming she is willing to do so and meets the financial requirements. 
 

Domicile - once the I-130 has been approved you then have to think about domicile. You have about a year to get that in place. Either you move back to the US ahead of your husband and get yourself a state ID, a job, an apartment, a bank account, etc. Or you show good evidence that you are in the process of re-establishing domicile. 

Edited January 19, 2020 by JFH

[JFH 12,190]

If you are a legal permanent resident of Italy then you can file through the USCIS office in Rome. It doesn’t sound like you are, however. What is your status in Italy? 

[LaurenFromNYC 0]

17 minutes ago, JFH said:

If you are a legal permanent resident of Italy then you can file through the USCIS office in Rome. It doesn’t sound like you are, however. What is your status in Italy? 

I have a student visa in Italy that expires feb 15. My spousal visa is pending and will be approved before my student visa expires. 
 

I don’t know about how I would become a LPR. I don’t want to stay here. 

[LaurenFromNYC 0]

21 minutes ago, JFH said:

You need to send your petition to the Dallas lockbox as you are an overseas filer. Follow the instructions very carefully. These accompany the I-130 form on the USCIS website. There are various things you must send with the I-130. Read the instructions thoroughly before you do anything else.

 

After you send it, it’s a waiting game for approval. Could be up to a year. 
 

You are your husband’s sponsor even if you have only 1 cent in the bank and no job. You mother can be a joint sponsor, assuming she is willing to do so and meets the financial requirements. 
 

Domicile - once the I-130 has been approved you then have to think about domicile. You have about a year to get that in place. Either you move back to the US ahead of your husband and get yourself a state ID, a job, an apartment, a bank account, etc. Or you show good evidence that you are in the process of re-establishing domicile. 

Thanks so much for getting back to me! Like I said in my original post we want to remain physically together. Also I imagine it would take me a long time to find a job. I am a lawyer with the active license in New York State but I have not practiced in a little bit so I am sure finding work as a lawyer or entering a new profession will take some time.  
 

i’m not sure how I’m supposed to show proof that I want to reestablish my domicile there. I feel like I never got rid of my domicile there. But it has been a long time since last school for so I forget all of this stuff.

I have my mom saying that I could stay there may be a letter would be OK? I feel like if I didn’t tell anyone they would never even know that I left. I paid my USA taxes last year too. 

 

I did not see any other forms with the I 30. I saw the 485 but that was for filing within the US. Thank you

[JFH 12,190]

Sounds like you may be eligible for the Rome office. I’ll move this thread to the DCF section and you can find out more there. 
 

*~*~*moved to “DCF”*~*~*

[LaurenFromNYC 0]

3 minutes ago, JFH said:

Sounds like you may be eligible for the Rome office. I’ll move this thread to the DCF section and you can find out more there. 
 

*~*~*moved to “DCF”*~*~*

Thanks. I never got rid of my bank account in the US and my state ID was always my drivers permit which is expired which I should renew anyway. 

[JFH 12,190]

1 minute ago, LaurenFromNYC said:

Thanks so much for getting back to me! Like I said in my original post we want to remain physically together. Also I imagine it would take me a long time to find a job. I am a lawyer with the active license in New York State but I have not practiced in a little bit so I am sure finding work as a lawyer or entering a new profession will take some time.  
 

i’m not sure how I’m supposed to show proof that I want to reestablish my domicile there. I feel like I never got rid of my domicile there. But it has been a long time since last school for so I forget all of this stuff.

I have my mom saying that I could stay there may be a letter would be OK? I feel like if I didn’t tell anyone they would never even know that I left. I paid my USA taxes last year too. 

 

I did not see any other forms with the I 30. I saw the 485 but that was for filing within the US. Thank you

Some separation is inevitable for most of us going through this. You’ve already spent more time together than almost every other couple on this site. Just a word of advice, mentioning that you don’t want to be apart when you are already living together can be a very sore point for many users here and can cause people to ignore your posts. I feel lucky that the longest we were apart was 8 months. There are people who have been apart over a year with no end in sight. 
 

So you filed taxes, that’s good. But did you say your drivers license has expired? Living with your mother is fine. It’s best if you can get some kind of agreement (kind of like an informal lease) from her. Do you have a bank account here? Have you started to look for work? Keep copies of applications for jobs or training courses. 

[LaurenFromNYC 0]

8 minutes ago, JFH said:

Some separation is inevitable for most of us going through this. You’ve already spent more time together than almost every other couple on this site. Just a word of advice, mentioning that you don’t want to be apart when you are already living together can be a very sore point for many users here and can cause people to ignore your posts. I feel lucky that the longest we were apart was 8 months. There are people who have been apart over a year with no end in sight. 
 

So you filed taxes, that’s good. But did you say your drivers license has expired? Living with your mother is fine. It’s best if you can get some kind of agreement (kind of like an informal lease) from her. Do you have a bank account here? Have you started to look for work? Keep copies of applications for jobs or training courses. 

 

8 minutes ago, JFH said:

Some separation is inevitable for most of us going through this. You’ve already spent more time together than almost every other couple on this site. Just a word of advice, mentioning that you don’t want to be apart when you are already living together can be a very sore point for many users here and can cause people to ignore your posts. I feel lucky that the longest we were apart was 8 months. There are people who have been apart over a year with no end in sight. 
 

So you filed taxes, that’s good. But did you say your drivers license has expired? Living with your mother is fine. It’s best if you can get some kind of agreement (kind of like an informal lease) from her. Do you have a bank account here? Have you started to look for work? Keep copies of applications for jobs or training courses. 

I have not applied for any jobs yet because I have no idea how long this process will take and I was planning my wedding for a while. I also do not know yet if I want to go into the same area as before or try something new. 
 

I did not mean to come off as insensitive to people who are going through being physically separated from their partner. I am new here and don’t know anyone else who’s married someone from another country so the thought has never even crossed my mind. I feel for everyone going through that situation. 

[databit 328]

If you did not file taxes for 2018, do that. You should also file for 2019 as married, as since November you have had a joint income with your husband. Both tax filings will help show domicile.

[LaurenFromNYC 0]

5 minutes ago, databit said:

If you did not file taxes for 2018, do that. You should also file for 2019 as married, as since November you have had a joint income with your husband. Both tax filings will help show domicile.

Thank you. I already filed for 2018 and I will file for 2019 even though I have no income and I have separation of property with my husband so I do not get any of his income. 

[SalishSea 17,970]

2 hours ago, LaurenFromNYC said:

Thank you. I already filed for 2018 and I will file for 2019 even though I have no income and I have separation of property with my husband so I do not get any of his income. 

Prenups or whatever do not matter for federal tax purposes.  You will still need to use either MFS or MFJ filing status for your 2019 return.

[carmel34 3,646]

Evidence of Reestablishing Domicile

 

If you are an I-864 sponsor that no longer has domicile in the United States, you must provide evidence that you intend in good faith to reestablish your U.S. domicile no later than the date of the intending immigrant’s admission or adjustment of status. Examples of acceptable documents include:

 

A declaration of intent to reestablish U.S. domicile
Accepting a job in the United States
Signing a lease or purchasing a residence in the United States
Registering children in U.S. schools
Any other documents that prove you have taken steps to establish domicile (US driver's license, voter registration, bank accounts, etc.)

 

Some spouses are able to do these things from abroad, showing intent, others move to the US before their spouses to get an apartment lease, open a US bank account, get a job, and so forth.  You have a joint sponsor so you should be able to show intent with documents suggested above.  Good luck!

Edited January 19, 2020 by carmel34

[Just Paul 4,595]

You can certaining file DCF on a student visa as that is a form of temporary residence.  You do not need to deal with domicile or sponsorship until the petition is approved by USCIS but you can certainly plan for it.

[LaurenFromNYC 0]

12 hours ago, Paul & Mary said:

You can certaining file DCF on a student visa as that is a form of temporary residence.  You do not need to deal with domicile or sponsorship until the petition is approved by USCIS but you can certainly plan for it.

Thank you!!! By the time I apply I will have my spousal visa that lasts five years. I think I will have it within the next 10 days. thanks for your help