ITALY - CORONAVIRUS EMERGENCY

[MaruMaru 76]

27 minutes ago, Chelsea&Valentina said:

Well, our case is probably different from most of yours which is why we actually might open a new thread to see if others that were in our situation can give us some advice or share their experience.

As a same-sex couple we were only allowed to join in a civil union in Italy. Knowing that this difference doesn't exist anymore in the US we started out by filing for a spouse Visa (I-130) about 3 months ago. We thought this was the right way but recently I happened to find out that this might be the wrong path for us since a same-sex union is not considered a legal marriage in Italy... so most likely we will have to start all over filing for a K-1 Visa (of course the fee and the time put into the original petition is lost - super frustrating).

Since we now feel like we have "lost" 3 months we are trying to gather all the information about the k-1 while we are tring to contact the USCIS to figure out if for some reason our I-130 petition could still work out for us.

Either way we would need Naples to be working for a potential interview bc the process is pretty similar.

 

Question about the K-1: we would submit the petition from Italy meaning we would put our trust into Poste Italiane and their fastest way of shipping... would the address for us be the Dallas Lockbox not the one in Lewisville, right?

Wow, it must be a long journey for you two, too!

 

Well, this is what I have just found on USCIS official website. I have attached a screenshot. It seems that if your American fiancée lives abroad she can send the envelope to both the addresses. The Lewisville one is for express mails and courier deliveries. I think, you should opt for Poste Delivery Express - https://www.poste.it/prodotti/poste-delivery-express.html.  So you can track it and expedite the delivery. 

 

I have created a group chat on Whatsapp where there are other girls waiting for their I -130 to be approved. One in particular has also applied for K3. 

K1 process was not that terrible though, I mean, at least for me and before the outbreak. 

 

If you want to join us, just pm me your numbers:)

 

 

 

 

 

 

[carmel34 3,625]

45 minutes ago, Chelsea&Valentina said:

As a same-sex couple we were only allowed to join in a civil union in Italy. Knowing that this difference doesn't exist anymore in the US we started out by filing for a spouse Visa (I-130) about 3 months ago. We thought this was the right way but recently I happened to find out that this might be the wrong path for us since a same-sex union is not considered a legal marriage in Italy... so most likely we will have to start all over filing for a K-1 Visa

Double-check this with USCIS before you stop the I-130 petition and re-file a 129F for a K-1.  What matters is the policy of US Immigration, so check to be sure.  If civil unions have all the same rights as marriage in Italy, you may be okay with continuing the I-130 process.  The problem with a K-1 is you could be considered married already because of the civil union.  Have you spoken to USCIS about this?   How did you happen find out that a same-sex civil union will be rejected by US immigration?  Did you hear it from USCIS?  The key question is whether the Italian civil union document is acceptable as a marriage certificate in the eyes of US Immigration for a spousal visa.   Maybe try to get an answer from the Naples Consulate or other qualified source.  Don't cancel the I-130 petition until you know for sure.  Good luck! 

[Chelsea&Valentina 3]

16 minutes ago, Manu8915 said:

 

 

Well, this is what I have just found on USCIS official website. I have attached a screenshot. It seems that if your American fiancée lives abroad she can send the envelope to both the addresses. The Lewisville one is for express mails and courier deliveries. I think, you should opt for Poste Delivery Express - https://www.poste.it/prodotti/poste-delivery-express.html.  So you can track it and expedite the delivery. 

Thank you, this is the information we had found as well.

I forgot to mention that we were thinking to pay with credit card which asks for a submission at a Lockbox address so that's where it got confusing for us: credit card payment would then mean mailing to Dallas Lockbox but using the "poste delivery express" calls for the Lewisville one. Any help with this situation?

 

We appreciate the help!

 

[Chelsea&Valentina 3]

11 minutes ago, carmel34 said:

Double-check this with USCIS before you stop the I-130 petition and re-file a 129F for a K-1.  What matters is the policy of US Immigration, so check to be sure.  If civil unions have all the same rights as marriage in Italy, you may be okay with continuing the I-130 process.  The problem with a K-1 is you could be considered married already because of the civil union.  Have you spoken to USCIS about this?   How did you happen find out that a same-sex civil union will be rejected by US immigration?  Did you hear it from USCIS?  The key question is whether the Italian civil union document is acceptable as a marriage certificate in the eyes of US Immigration for a spousal visa.   Maybe try to get an answer from the Naples Consulate or other qualified source.  Don't cancel the I-130 petition until you know for sure.  Good luck! 

Unfortunately civil unions don't have the same rights as marriages in Italy, for instance we can't adopt, only the natural mother would be recognized to be the parent of the child if we were to have any and which we can't even have in Italy bc they don't offer assisted fertilization processes to same-sex couples and so on...

We found the information on https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Italy.html which is the website we found on USCIS when talking about getting together the civil documents for the interview listed as step 7  in the I-130 path (the frustrating part - besides Italy being behind on this topic and not accepting same-sex marriages - is that this topic was never mentioned in any other part or document that we had read by USCIS and others).

For now we will take some time to understand if there is still a chance for the I-130 to go through and at the same time prepare the I-129f just in case while trying to get in touch with USCIS.

[carmel34 3,625]

20 minutes ago, Chelsea&Valentina said:

Unfortunately civil unions don't have the same rights as marriages in Italy, for instance we can't adopt, only the natural mother would be recognized to be the parent of the child if we were to have any and which we can't even have in Italy bc they don't offer assisted fertilization processes to same-sex couples and so on...

We found the information on https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Italy.html which is the website we found on USCIS when talking about getting together the civil documents for the interview listed as step 7  in the I-130 path (the frustrating part - besides Italy being behind on this topic and not accepting same-sex marriages - is that this topic was never mentioned in any other part or document that we had read by USCIS and others).

For now we will take some time to understand if there is still a chance for the I-130 to go through and at the same time prepare the I-129f just in case while trying to get in touch with USCIS.

That's too bad, because the spousal visa is far superior, as the beneficiary can immediately work, get a driver's license, and leave the US if needed vs the K-1 which has the very long (8+ months) AOS process...  One option, if you can do it, would be to legally marry in another country, then submit the marriage certificate to USCIS where it can catch up to your I-130 petition.  Chances are the petition you sent in won't even be looked at for 6 or more months depending on the service center, so you should have time if you want to continue the CR-1 path.  If you choose K-1, good luck with the process, I wish you all the best in your journey!