Hi everyone! I have a bit of a unique situation and figured I should ask here.
Situation:
1. I have been working for a US company that is fully remote since Jan of 2022. My wage is a lot higher than the min I864 requirement (and I can have my parents co-sponsor if necessary too)
2. I lived in the US until October 2022, when I moved to Italy to be with my Swedish spouse first on a tourist visa.
3. We got married in December 2022. Since then, I have been spending most of my time in Italy, still working for that US company. But I do visit US time to time
4. I applied for permanent residency for Italy Jan 2023. The appointment date for the interview is July 2023. I actually have a right to live and work in Italy even though I don't have the permanent residency card yet per EU immigration law
5. We also filed for I130 Jan 2023.
5. Filed taxes under married but separate March 2023
6. I am planning to spend most of my time in Italy for the rest of 2023, but with few months of living in FL where I am planning to establish domicile and pay taxes there. The address is my parent's. The address is also the address that we have put in as our mailing address for I130 and the address we plan to live in after my spouse's immigration visa is approved.
DCF questions:
1. I recently got a job offer with early August start date. I asked the Italian embassy if I could do DCF but they told me that 1) I can't because I already applied for I130 2) I need Italian residency card. If (and I know it's a big big if), they for somehow allow us to file after I get my Italian residency card and after I withdraw my I130, what should my "permanent residence" be? I am worried that if I put Italy, they would treat my current income as "foreign income" and putting me not qualified for I864 - which I can overcome by having my parents as co-sponsor, but even if I do so, would they reject my spouses' CR1 application because they don't like the fact that I put Italy as permanent address even though I am working for an American company, tax domiciled in US?
2. Would it be better if I put my FL address for my "permanent residence"? Or would that disqualify me as DCF only works for people who live in foreign countries
I-864 before April 2023
1. Let's say we get I 130 approved and I can file for I 864 in November of 2023. Let's say that by that time, I would have spend ~9 months in Italy and ~2 months in the US. If I put in Italy as my permanent address, would they reject my spouse's CR1 application as they don't like the fact that I put Italy as permanent address even though I am working for an American company, tax domiciled in US?
2. Would it be better to put my FL address than my Italian address then? If so, would they not like the fact that I have clearly spent vast majority of my time in Italy, but I am putting FL my permanent address?
I-864 after April 2023
1. Let's say we get I 130 approved and I can file for I 864 in June of 2024. Let's say that by that time, I would have spent 10 months of 2023 in Italy and 2 months of 2023 in the US. In 2024, let's say I spent 4 months in Italy and 1 month in the US. I would have my 2023 tax return, which would state my state/address as FL. If I put in Italy as my permanent address, would they reject my spouse's CR1 application as they don't like the fact that I put Italy as permanent address even though I am working for an American company, tax domiciled in US? I think the difference here is it is a lot more clear that I am tax domiciled in the US, because there is a tax return that shows it (if I do I-864 before April 2023, the tax return is just about 2022, during which I have lived in the US)
2. Would it be better to put my FL address than my Italian address then? If so, would they not like the fact that I have clearly spent vast majority of my time in Italy, but I am putting FL my permanent address?
Thank you!!
Hi everyone! I have a bit of a unique situation and figured I should ask here. Situation: 1. I have been working for a US company that is fully remote since Jan of 2022. My wage is a lot higher than the min I864 requirement (and I can have my parents co-sponsor if necessary too) 2. I lived in the US until October 2022, when I moved to Italy to be with my Swedish spouse first on a tourist visa. 3. We got married in December 2022. Since then, I have been spending most of my time in Italy, still working for that US company. But I do visit US time to time 4. I applied for permanent residency for Italy Jan 2023. The appointment date for the interview is July 2023. I actually have a right to live and work in Italy even though I don't have the permanent residency card yet per EU immigration law 5. We also filed for I130 Jan 2023. 5. Filed taxes under married but separate March 2023 6. I am planning to spend most of my time in Italy for the rest of 2023, but with few months of living in FL where I am planning to establish domicile and pay taxes there. The address is my parent's. The address is also the address that we have put in as our mailing address for I130 and the address we plan to live in after my spouse's immigration visa is approved. DCF questions: 1. I recently got a job offer with early August start date. I asked the Italian embassy if I could do DCF but they told me that 1) I can't because I already applied for I130 2) I need Italian residency card. If (and I know it's a big big if), they for somehow allow us to file after I get my Italian residency card and after I withdraw my I130, what should my "permanent residence" be? I am worried that if I put Italy, they would treat my current income as "foreign income" and putting me not qualified for I864 - which I can overcome by having my parents as co-sponsor, but even if I do so, would they reject my spouses' CR1 application because they don't like the fact that I put Italy as permanent address even though I am working for an American company, tax domiciled in US? 2. Would it be better if I put my FL address for my "permanent residence"? Or would that disqualify me as DCF only works for people who live in foreign countries I-864 before April 2023 1. Let's say we get I 130 approved and I can file for I 864 in November of 2023. Let's say that by that time, I would have spend ~9 months in Italy and ~2 months in the US. If I put in Italy as my permanent address, would they reject my spouse's CR1 application as they don't like the fact that I put Italy as permanent address even though I am working for an American company, tax domiciled in US? 2. Would it be better to put my FL address than my Italian address then? If so, would they not like the fact that I have clearly spent vast majority of my time in Italy, but I am putting FL my permanent address? I-864 after April 2023 1. Let's say we get I 130 approved and I can file for I 864 in June of 2024. Let's say that by that time, I would have spent 10 months of 2023 in Italy and 2 months of 2023 in the US. In 2024, let's say I spent 4 months in Italy and 1 month in the US. I would have my 2023 tax return, which would state my state/address as FL. If I put in Italy as my permanent address, would they reject my spouse's CR1 application as they don't like the fact that I put Italy as permanent address even though I am working for an American company, tax domiciled in US? I think the difference here is it is a lot more clear that I am tax domiciled in the US, because there is a tax return that shows it (if I do I-864 before April 2023, the tax return is just about 2022, during which I have lived in the US) 2. Would it be better to put my FL address than my Italian address then? If so, would they not like the fact that I have clearly spent vast majority of my time in Italy, but I am putting FL my permanent address? Thank you!!