Inch by Inch, moving to the US gradually with IR-1?

[whattodo 0]

Hi all.

I was going to change my user name to something other than "whattodo" because I thought I now knew what to do ... ... but it seems I'll be perpetually asking that question, so I think I'll keep the name.

My husband and I live in Italy, and are planning to move to the US next year. I'm the USC; he's Italian. For the past few months we have been operating according to the understanding that he would have a job transfer to the US in spring or summer 2008. I just sent the I-130 petition to Rome last week. Just before sending it, we got news from his company that his transfer will be delayed to the end of 2008. I sent the I-130 anyway because I'm tired of waiting and don't want anything else to hold up our process. So now I'm trying to anticipate the best way to proceed in the coming months.

If all goes smoothly, I expect our I-130 will be approved in the next month or so. I understand the approved petition is valid for one year, but I would prefer to keep the process moving to the extent possible. If we delay just a few months and send our "ready for interview" materials in, say, early spring, then we're likely to have the interview in late spring. Once we have the visa in hand, I understand not only that it expires in 6 months but that it should be activated on my husband's next entry to the US. One of the many possibilities we're considering is that I move ahead of him mid-year and that he visits several times in the following months, perhaps even working remotely from there periodically while continuing to be employed here in Italy until the transfer at the end of the year.

Now here are the questions:

• Will he have trouble traveling back and forth multiple times in the first months after activating his IR-1 ?
• Will it be a problem that he is still working in Italy and away from the US more than half the time in the first 6 months of his permanent residency?
• Or will that be okay as long as he can show progress toward establishing his permanent residence and has a letter from his employer stating that a transfer is in process?
• Will actions such as buying a car in the US, opening a bank account, perhaps getting his US drivers license, etc. be helpful / necessary / adequate to demonstrate that his intention is to make the US home?
• Are we better off to just hold onto the I-130 approval for a year and make any 2008 visits with VWP? (I really prefer not to do this because it leaves open the possibility of further delays if we encounter any hitches in our visa approval process.)

If any of you have similar experiences, please share them! Your input is greatly appreciated!

whattodo

[MargotDarko 0]

It sounds to me like you're on top of it. Muliple visits in the are perfectly fine, and you've mentioned very good things to do show that he's working towards establishing permanent residence in the US.

You actually shouldn't run into any hassle unless he was in Italy for several month stretches at a time after using his visa for the first time. If he entered for the first time around June 2008, made a few visits back and forth (even if most of the time was in Italy) and was all settled in the US by the end of 2008, you'd be totally fine. I would recommend going ahead with your plan as you've laid it out.

[whattodo 0]

Thanks, Margot. You're always so helpful.

And you're the only other person I've noticed who, like me, needs to slow the process a bit rather than rushing it. (Of course, I'm being thoroughly optimistic here, assuming we won't encounter any unexpected obstacles in our approval process. )

If there are any others out there, it would be nice to hear from you too.

[Nicoletta 0]

Hi all,

I have been gathering info for the past few weeks about DCF filing for Italy for my Italian husband. We haven't started yet so I am no expert but, I have some ideas.

I have found that an IR1 immigrant can make multiple entries and exits into and out of the states as long as the stay in a foreign country is not longer than a year. Since your husband will not be on conditional status, he will not have to explain the absences in a follow-up interview. As long as he gets the Visa and activates it with in 6 months, I think he should be fine. If he gets the visa in May, he will have time until October to activate it and at that time he should be able to make a couple of trips back and forth before the end of the year with out problems.

I would also recommend going forward with the plan.

I also have a couple of questions if anyone could kindly help:

In order to qualify for IR1 status, do we need to wait until after our 2nd wedding anniversary (March 25th 2008) to have the interview or do we just have to wait until

the end of March to activate the Visa at the POE. The VJ FAQ indicates that the interview date is the qualifying date but, the USCIS website only talks about the date of activation at the POE.

Also, what is the safest way to mail the I-130 packet in Italy? The bank warned me about the risk of sending the Assegno Piazzato. Is posta assicurata good enough or should I check if the embassy accepts Fed Ex (is fed ex any safer?).

Thank you so much in advance for any ideas.

[whattodo 0]

...

I would also recommend going forward with the plan.

...

Also, what is the safest way to mail the I-130 packet in Italy? The bank warned me about the risk of sending the Assegno Piazzato. Is posta assicurata good enough or should I check if the embassy accepts Fed Ex (is fed ex any safer?).

Thank you so much in advance for any ideas.

Hi Nicoletta!

Thanks for your opinion. Somehow the more people seem to have the same impression, the more comfortable I feel with the plan.

I don't know anything about the dates for not having conditions. Due to other life circumstances, we've ended up beyond the dates even if we didn't intend to, so I can't help you there.

As for the post, I used a new service of Poste called Raccomandata Uno. It gets there in one day and you can check the delivery status on internet or get notice of delivery by email or SMS. It cost 9 euro, even if the leaflets at the post office said it should be 6... Yes, FedEx is always safer than the Italian post, but I felt this was good enough.

Let us know what you decide.

[Nicoletta 0]

Thanks to you as well Whattodo for the ideas.

I guess that I should not fret so much about all these small details before sending the I-130 packet. I'm sure that everthing will develop in the process. I'm just afraid of petitioning too soon and ending up with a CR1 status so close to our anniversary. I guess that I'll just have to try to slow the whole process down a little bit...although not quite as much as you!

People who are filing back in the states would call us crazy for talking about slowing down the process but, this is Italy, and since when are things fast here? Well, at least for us the ball will be in our court. We will be deciding on the timeline ...as best we can.

I guess that we are just going to have to see how this whole adventure unfolds!

Thanks again

Edited September 21, 2007 by Nicoletta

[whattodo 0]

... but, this is Italy, and since when are things fast here? ...

A very good question! And one of the many reasons I hesitate to add any delays to a process that could well come up with its own!

I've definitely had my share of waiting here... Start with the almost 5 years it took for the end of my husband's first marriage to be legally finalized... and that was a consensual divorce, pretty much a best-case scenario here!

Anyway, unless you can get a definite answer as to whether the entry date or the visa issue date counts for being free of conditions, I would just aim for having your interview in April. You can leave immediately thereafter, so it won't delay your departure much, and it will save you a lot of potential hassles later on.

whattodo

[MargotDarko 0]

It's the date of entry that counts most. If a CR1 visa is issued but the date of entry is after the two-year anniversary, a 10 year green card can be obtained. You'll have to point it out to the immigration officer, and perhaps even politely but firmly insist, but it's definitely the date of entry rather than the date of the interview that counts for whether you'll get the two-year or ten-year green card. The visa itself won't be changed from CR1 to IR1 - you would just be granted ten years instead of two.