Filling the application from outside of the US

[Steph00 0]

My us citizen fiance is moving from America to Italy. We will get married and apply for the spouse visa. We plan living in Italy together until I have the visa, and possibly move back to the States.

-Does he need to apply for anything or get any specific documents before leaving the US?

-can we go to the US together to visit (after being married) before I receive my spouse visa if I don't have another type of Visa? 

[Crazy Cat 41,884]

Possibly move back to the US?

You must have a valid travel document to even visit the US such a ESTA or a B2 visa.  All visits will be subject to the discretion of CBP at the US border.   Marriage, in itself, confers no visitation or immigration rights. 

[Chancy 6,241]

*** Moved from IR1/CR1 Progress Reports to IR1/CR1 Process & Procedures ***

 

11 minutes ago, Steph00 said:

-can we go to the US together to visit (after being married) before I receive my spouse visa if I don't have another type of Visa? 

 

Unless you have a Canadian passport, you will need either a valid US visa or an ESTA to be able to travel to the US.  You will not be allowed to board a plane to the US without either of those.

 

[Marieke H 2,510]

1 hour ago, Steph00 said:

-Does he need to apply for anything or get any specific documents before leaving the US?

He will need some kind of visa for Italy, otherwise he will only be allowed to stay for 90 days.

 

1 hour ago, Steph00 said:

-can we go to the US together to visit (after being married) before I receive my spouse visa if I don't have another type of Visa? 

You will need some kind of visa/ESTA to visit the US. And with your history of denied visas and a denied ESTA, it is highly unlikely that you will get that.

[JeanneAdil 6,510]

If he can get permanent residency in Italy and stay,  he needs a US income and to file his taxes during the year(s) there 

he also needs to maintain residency in the US thru DL,  US address (which can be parents,  etc) and /or US bank accounts

[Ontarkie 14,225]

~~Two other threads locked. Please do not start anymore threads for the same topic.~~

[Steph00 0]

4 hours ago, JeanneAdil said:

If he can get permanent residency in Italy and stay,  he needs a US income and to file his taxes during the year(s) there 

he also needs to maintain residency in the US thru DL,  US address (which can be parents,  etc) and /or US bank accounts

How can he have an us income if he will be living in Italy? 

Since we are getting married in Italy I will ask the residence for him there and permission to work. 

I saw that for the spouse visa application you need a supporter, could that person be from my family (I have family in America) or it needs to be related to the American citizen? 

[Crazy Cat 41,884]

Just now, Steph00 said:

could that person be from my family

It can be any well-qualified US citizen or legal US resident domiciled in the US.

[pushbrk 12,892]

20 minutes ago, Crazy Cat said:

It can be any well-qualified US citizen or legal US resident domiciled in the US.

While that is absolutely correct, it would be far better if it was the petitioner's family member.  Not a lot of immigration fraud coming from Italy except from those of non-Italian heritage.  The issue with using the foreigner's family members as sponsors is that it can look like a marriage entered into only for immigration purposes. 

 

The "Public Charge" issue, (That's what affidavits of support are about.) is always a judgment call by a Consular Officer, who is charged with determining how likely it is the couple will actually support themselves financially.  Of course, they are also making a judgment call as to whether the relationship is bona fide.  Living together in Italy throughout the process, is a huge positive on that front.  I haven't read the reason why ESTA is not an option for the foreigner here, but that "reason" is not a positive factor.

Edited March 11, 2022 by pushbrk

[Katientsm 16]

It depends on the country, so you should check with your local administrative unit. Here in Slovenia, I needed an apostilled birth certificate from my state before I could get married here and an apostilled fbi background check for my residence permit (if you want to stay more than 90 days). If you need those, it is definetely eaiser to get them while in the states. You can visit the U.S together in the meantime with ESTA, but be prepared to show proof that you will return back to EU, e.g. return tickets, employment contract. 

Edited March 12, 2022 by Wanderlust2490
answered the other question