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Posted (edited)

I am a British Citizen married to a US citizen applying for CR1 spousal visa.

From April 1991 through and including January 1993 I lived in Italy in a house rented by my Italian employer however I retained residence and tax residence in the UK as I was/am legally entitled to do.

When I completed my DS230 I noted on the form the fact that I was in Italy because

1. I was there for periods longer than 6 months but not for the entire duration consecutively. I worked for a Race Team and moved about during the summer months.

2. I didn’t want to leave it out and risk falsifying a document.

The Natonal Visa Center in New Hampshire have requested that I provide to them a Certificato dei Carichi Pendenti and a Certificato Generale del Casellario Giudiziale for that period of time.

The town in which I lived have confirmed that I was neither resident or domiciliato in their comune between 1991-1993 therefore I cannot get these certificates. The NVC already have my UK Police Certificate which shows I have no police record.

I’m thinking an email similar to this to the NVC would be a good start towards resolving this conundrum and I can't imagine this is that unusual given the freedom to reside in the EU laws, but I would be very grateful to hear from anyone who may have experienced something similar or can suggest the best course of action.

Edited by Marinade
Posted

I am a British Citizen married to a US citizen applying for CR1 spousal visa.

From April 1991 through and including January 1993 I lived in Italy in a house rented by my Italian employer however I retained residence and tax residence in the UK as I was/am legally entitled to do.

When I completed my DS230 I noted on the form the fact that I was in Italy because

1. I was there for periods longer than 6 months but not for the entire duration consecutively. I worked for a Race Team and moved about during the summer months.

2. I didn’t want to leave it out and risk falsifying a document.

The Natonal Visa Center in New Hampshire have requested that I provide to them a Certificato dei Carichi Pendenti and a Certificato Generale del Casellario Giudiziale for that period of time.

The town in which I lived have confirmed that I was neither resident or domiciliato in their comune between 1991-1993 therefore I cannot get these certificates. The NVC already have my UK Police Certificate which shows I have no police record.

I’m thinking an email similar to this to the NVC would be a good start towards resolving this conundrum and I can't imagine this is that unusual given the freedom to reside in the EU laws, but I would be very grateful to hear from anyone who may have experienced something similar or can suggest the best course of action.

No similar experience, so this is totally an opinion. I think if you listed Italy as a place you have lived on the DS-230, especially with dates covering parts of 3 calendar years, then you have claimed to LIVE there. You worked there which is an indicator of "living" there if you follow my logic of how it looks to USCIS or NVC document collectors. If you were only on a holiday to Italy, you wouldn't have listed it as a place you have lived.

I'm not familiar with the Italian documents you've named but an Italian police certificate may be in order just to smoothly process . If you talk NVC out of it, you still may get the same request from the embassy in London who will review your documents and qualifications. I've known many who were surprised London said their I-864 wasn't sufficient. They assumed NVC had approved so all was fine. I think NVC is more about ticking off the boxes that all evidence is submitted, rather than actually adjudicating if it's enough to issue a visa.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

 
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