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!