Pursuing Direct Consular Filing (DCF) in Naples – Looking for Guidance

[cameron.beckett05 0]

Hi! 

I'm new to the forum and am in literally exactly the same boat - I just sent an email to Naples on the DCF process, and initially, it sounded like they only provide this service for United States military service members. Is this true from your experience? I got a job offer last week and we'd have to move to the U.S. by July. Time is very tight and we're trying to figure out how to go forward with this - wife similarly had an old green card; she's an Italian citizen and we've been living outside the U.S. for an extended amount of time. Definitely a finger-biter of a timeline.

[Dashinka 24,838]

4 minutes ago, cameron.beckett05 said:

Hi! 

I'm new to the forum and am in literally exactly the same boat - I just sent an email to Naples on the DCF process, and initially, it sounded like they only provide this service for United States military service members. Is this true from your experience? I got a job offer last week and we'd have to move to the U.S. by July. Time is very tight and we're trying to figure out how to go forward with this - wife similarly had an old green card; she's an Italian citizen and we've been living outside the U.S. for an extended amount of time. Definitely a finger-biter of a timeline.

All consulates are empowered to accept an I130 based on exceptional circumstances, job relocation and an immediate need of the USC to repatriate being one of the most common of those circumstances.  That being said, your case is a bit different as your wife had, or has a GC.  Has the GC been returned via the I407 process?  If not, how long has she been outside the U.S.?

[cameron.beckett05 0]

34 minutes ago, Dashinka said:

All consulates are empowered to accept an I130 based on exceptional circumstances, job relocation and an immediate need of the USC to repatriate being one of the most common of those circumstances.  That being said, your case is a bit different as your wife had, or has a GC.  Has the GC been returned via the I407 process?  If not, how long has she been outside the U.S.?

Well that is encouraging news! My wife has not submitted Form I-407 and has never formally abandoned her status. We moved to the U.S. in 2017, she entered on an IR1, and we lived there till 2019. we've been bouncing back and forth since then as we pursued graduate studies in Italy. Then COVID-19 pandemic made returning much more complicated. In Summer 2021, we briefly visited the U.S., and a CBP officer marked her passport with “I-327 advised”, though we didn’t fully grasp what that meant at the time. In Fall 2023, she joined me in the U.S. for a short period, but unfortunately, she entered on an ESTA instead of using her green card, which we now realize was a mistake. She was admitted without being asked to sign Form I-407, so there was never a formal abandonment of her LPR status. We initially looked into the SB-1 Returning Resident Visa, but I don't think it would be approved. Fast forward to now, last week I was offered a position in Chicago starting in July and have got a formal letter. I've got residency in Italy (carta di soggiorno). 

It looks like we're in really murky waters here entirely of our own making; we got married when we were both 21 and have been living together for over 10 years now.

I know that, whatever happens next, we are both going to try immediately to apply for citizenship in both countries to avoid this headache in the future. 

[cameron.beckett05 0]

Howdy folks,
 

I imagine this is a common topic here, but my wife and I are navigating a complicated situation, and we’re trying to gather information on how to move forward with Direct Consular Filing (DCF) at the U.S. Consulate in Naples.

Background

I’m a U.S. citizen, born and raised in the U.S., with family, bank accounts, and a tax history in the States. My wife is an Italian citizen and a U.S. Lawful Permanent Resident (LPR) with a valid, unexpired 10-year green card (I-551). We got married in the U.S. in 2015, later registered our marriage in Italy, and moved to the U.S. together in 2017, when my wife entered on an IR1 visa.

In 2019, we moved back to Italy for graduate studies, unaware of the requirements for maintaining returning resident status. The pandemic hit soon after, significantly delaying our ability to return. Despite this, we have maintained strong ties to the U.S., including filing taxes and keeping U.S. financial accounts.

The Issue

In 2021, we visited the U.S. briefly, and my wife’s passport was stamped “I-327 advised”—at the time, we didn’t fully grasp what this meant. In 2023, I had a temporary work opportunity in the U.S., and my wife joined me, but she mistakenly entered on an ESTA instead of her green card. She was admitted without being asked to sign Form I-407, so there was no formal abandonment of her LPR status, but the ESTA entry complicates things.

Why We’re Pursuing DCF

I’ve been offered a full-time postdoctoral position in Chicago, starting in July 2025, and we need to relocate together. We initially explored the SB-1 Returning Resident Visa, but after consulting immigration lawyers and getting feedback from others, it doesn’t seem like a viable option in our case.

Now, we’re looking into Direct Consular Filing (DCF) as a way to expedite the process, given that I am a U.S. citizen who has been residing abroad since 2019 and now have an urgent need to return due to employment. We’ve seen that DCF is sometimes possible under exceptional circumstances, including job relocation, but we’re trying to get a clearer idea of how this works in Naples.

Looking for Advice

Has anyone here successfully gone through Direct Consular Filing at the Naples consulate? How strict are they in determining exceptional circumstances? Any insights on what documentation they look for or how to approach this process would be incredibly helpful.

We fully acknowledge that we could have handled things more carefully and appreciate any guidance from those who have experience navigating this process. Thanks in advance!

[Dashinka 24,838]

Honestly, I would get on a plane and enter the US with the valid GC, preferably through a Canada/US land border.  If you do not want to do that, then she will need to formally give up her GC via the I407 before you can file a new I130 for her at the consulate.

 

Good Luck! 

[Crazy Cat 42,425]

***Similar threads merged.  Please keep discussion of this subject in this thread***

[manyfudge 295]

I advised someone on reddit a few months ago to DCF Naples.  Not military and it was fast.  He got it in under 6 months.

 

I will find that thread and post here.

[Crazy Cat 42,425]

1 minute ago, manyfudge said:

I advised someone on reddit a few months ago to DCF Naples.  Not military and it was fast.  He got it in under 6 months.

 

I will find that thread and post here.

Please do not post a reddit link on Visa Journey.

[manyfudge 295]

Fine, @Crazy Cat.  Op - this was 8 months ago and they got their visa in 4 months.

 

I would apply for a new green card because you say she wants to naturalize.  
 

There is a small nonzero chance that they will give her trouble for the absence over the last 6 years.

 

Naples DCF is fast.

 

 

Edited Thursday at 08:28 PM by manyfudge

[noumeno00 0]

On 2/6/2025 at 9:27 PM, manyfudge said:

Fine, @Crazy Cat.  Op - this was 8 months ago and they got their visa in 4 months.

 

I would apply for a new green card because you say she wants to naturalize.  
 

There is a small nonzero chance that they will give her trouble for the absence over the last 6 years.

 

Naples DCF is fast.

 

 

 

I saw you on that thread and here providing lots of help. Thank you, your efforts are seen and probably very very much appreciated

[manyfudge 295]

I try to help.  The annoying thing is when the people I have helped do not come back and explain the process.

 

 

[Dashinka 24,838]

On 2/6/2025 at 3:27 PM, manyfudge said:

Fine, @Crazy Cat.  Op - this was 8 months ago and they got their visa in 4 months.

 

I would apply for a new green card because you say she wants to naturalize.  
 

There is a small nonzero chance that they will give her trouble for the absence over the last 6 years.

 

Naples DCF is fast.

 

 

The biggest hurdle right now is the spouse has to formally file the I407.  That can take up to 60 days to process, and I am unsure if the consulate will accept a new I130 until that is finalized.

[manyfudge 295]

I am not sure, @Dashinka if an i407 is needed.

 

On Reddit, i have been communicating with someone whose parent was denied SB1.  Never filed i407, and then had U.S.C. spouse file a new i130.  Then got a GC with same A number.

 

OP can go this route too.  Apply for SB1, denial and then DCF i130.