Hello,

I've just married my wife, who is a Romanian citizen and resident in Italy. We've been together for 3 years of which we've lived together for nearly 2 years now. The first year I was back in Italy, I was legal now I'm not. Being an American citizen, I haven't had any troubles with my overstay here in Italy, I even work and receive a pay check, but my concern is that if it's true that the American Embassy in Italy will only process my DCF if I have a Permesso Di Soggiorno(Permission to stay in the country)? I don't see why it should matter to them if I'm here as a tourist or not, but if this is true, can I just send in my petition to my local homeland security office? Please, I'd like to hear any of your cases.

Diego, first what you are doing is illegal. You are working there illegally. Once you go back to the states, and if you ever try to return, you may face the consequences. It is true that the AMerican Embassy in Itally will not process a DCF if you do not have permission to stay. There are certain requirements that you must meet in order to do so. Your statement of why you don't think it should matter or not to me seems a bit brazen. There are laws and reasons for the structure that they must uphold. Afterall...you have admitted that you have overstayed. First, how long have you been out of America for?? I do believe that that will make a difference and your overstay may come into play here and make it all that much harder for you. DO you have a legal place of residence in the states??? Remember, you may not have troubles now with your overstay, but that doesn't mean that it won't catch upto you. It's not like they are out searching for you, but the fact that you are working and receiving a paycheck...you are leaving a papertrail which will make it much easier to find you. I would suggest hiring a lawyer to help you out with this. If you try and tackle this on your own, it may only bite ya in the bum later.

Laura Mitchell

Hello Laura,

Thank you for your candor and I appreciate your response. To answer your question, I do have a legal place of residence in the States. I've overstayed for about 4months. I will definitely contact a lawyer and I think I should send in the petition from the states rather than here in Italy. I know what i'm doing is not legal and in the end I hope it will not affect us when we decide to move back to the U.S. together. If you have any further advice, I'd glady accept it.

Thanks

usually the DCF process is much quicker than the K1/K3 (IR-1/CR-1) process. it may behove you to see if you can legally reside in italy just for that purpose. you would need to cal the embssy to inquire about the residency requirements to DCF.

like you suggested ... it is possible to file for your wife while you are abroad as long as you can prove you have legal domicile in the US and can meet the financial requirements (alone or w/a co-sponsor).

best of luck with whatever decision you make!

I agree with gimygirl. I would find out what it would take to make you legal in Italy and then do that. It may be as simple as you going to the local police station and registering.

In order to be able to get an immigrant visa, as gimygirl suggested is showing that you still have domicile in the US and then you have sufficient financial support.

In order to do DCF, you will need to file the I-130 at the DHS office in Rome. When it is accepted, the consulate in Naples will send you packet 3 and schedule the visa appointment.

From Naples Consulate website: http://italy.usembassy.gov/visa/immigrant/default.asp

Filing Immigrant and Fiancé(e) Visa Petitions for Residents of Italy

American citizens resident in the United States, legal permanent residents of the United States, and employers based in the United States who wish to file immigrant or fiancé(e) visa petitions for residents of Italy should contact their nearest Department of Homeland Security-Bureau of Citizenship and Immigration Services office in the United States. American citizens resident in Italy who wish to file immigrant visa petitions for residents of Italy should contact the Department of Homeland Security, Bureau of Citizenship and Immigration Services, United States Embassy, Consular Building, Via Veneto 121, 00187 Rome, Tel (39) 064674-2190, Fax (39) 064674-2920. American citizens resident in Italy who wish to file fiancé(e) visa petitions for residents of Italy should contact an office of the Department of Homeland Security, Bureau of Citizenship and Immigration Services, in the United States.

Hello gimygirl, thanks for your advice. I still have legal domicile in the U.S., I have all my mail sent to my parents house, I have my bank statements and credit card bills sent there too. Since I've been living in Italy, I'll have to have my parents act as co-sponsors with me. We'll find out this week if I can become legal here in Italy and so we can proceed a bit easier, if not, I'll have to send everything in to the U.S. Fortunately, we're not pressed for time, but the sooner the better.

Thanks



Can you tell me exactly what entails legal domicile. I still have my bank account open and in use, credit card bills sent home and my license was just renewed back home, could this be enough? I plan to use my parents as joint-sponsors, do you think this will cause any problems.?

Those are all good indicators that you are keeping your domicile in the US. Go to the search function and look up domicile. You'll see lots of other people who have done DCF who have had to prove the same thing...

If all else fails, feel free to email the consulate in Naples and ask them what they consider evidence of your domicile..