Marriage in America, but moving back to Italy. K1 needed??

[myItaliano 0]

Hi guys! Here's my situation: my fiancé is Italian. He is finishing up his Master's degree and planning to work and live in Italy for a few more years. We want to get married in San Francisco, CA, but then he has to move back to Italy after the civil ceremony to continue his life in Italy. The plan is for me to meet up with him there in a few months when I file for and receive permanent residence in Italy.

My question is: do we still need to file for the K1 visa? Our original plan was to file for the K1 visa, have him come here, we get married, and then have him go back to Italy while we wait for his adjustment of status. However, we just discovered after some research that he may need to apply for Advanced Parole status in order to leave and re-enter the US. This may take too long (I'm not sure about the length of time for application and processing).

Any advice on the K1 visa or Advanced Parole, or what our options are?

Thanks, all!

[Darnell 8,479]

no K-1 needed.

If he hold's an Italian passport, then he could get in USA via ESTA/VWP, marry, then get back to Italy.

If he's in the USA finishing up that Master's Degree, then he not need any VISA to marry you in the USA.

Where is he now?

Which country passport does he hold?

What's the Airspeed Velocity of an Unladen Swallow ?

-----[answer me, my questions 3]

[Hypnos 6,579]

African or you're a 'peein?

[Darnell 8,479]

Other Permutations

----

Nigerian Passport Holder, going to school in Italy, wrapping up a Masters degree at Perugia, has a solid work offer and sponsership there after graduation.

Can't get into the USA on VWP/ESTA, so a K-1 Visa gets him into the USA.

There's no rule that says he has to stay and adjust status in the USA, after marriage. Only a rule about marrying within the 90 days when coming in on a K-1 visa.

It's perfectly fine to leave after marriage in USA, without chasing any AOS in the USA, as long as he leaves within that same 90 day period.

[Darnell 8,479]

Anyone? Petitioner? George? Stephanie ? Who can answer me, my questions 3 ?

[myItaliano 0]

Hi guys! Thanks for the responses! Wuhan, sorry ... I have no idea about your question 3. But thanks again!

[Darnell 8,479]

ok - please reread my stuff.

if'n you see a question mark character ->?<- at the end of any line, that I wrote,

well,

that's a question.

and it'd be great if'n you'd answer 2 or more questions.

[Dave&Roza 748]

Hi guys! Thanks for the responses! Wuhan, sorry ... I have no idea about your question 3. But thanks again!

The reason for Darnell's questions is it helps us to better give you advice.

Question #1:

Where is your fiance currently living? (US, Italy, Mars, Moon, England, Egypt, Moscow, etc)

Question #2:

What passport does he hold? (Italian or EU, Nigeria, Morroco, Canada, Mexico, German, Russian, Romanian, etc)

Question #3:

What is the airspeed velocity of an unladen swallow? (The correct answer from "Monty Python's the Search for the Holy Grail" is: "IS that an Africian swallow or European swallow.")

Based on the answers to the above questions, we can tell you whether you need a K-1. Just realize that a K-1 will take a long time to process. Your best course might be to have him come to the US, get married in SF, and have him return to Italy and you join him there. If and when you want to return to the US with him, you file for a spousal visa using the I-130 form or if Italy has DCF (Direct Consular Filing) you can file for your spouse that way.

Good luck,

Dave

[Darnell 8,479]

I'm in a mood to discuss migratory patterns of laden swallows and the average poundage on the coconuts.

Aiyo. Apologies for the thread-drift. Back on Topic.

An ordered list

1. Where is said fiance now?

2. Where is the masters program he is currently matriculated at? (city/state/country)

3. Marriage after masters program? or before it ends?

4. Which country issued his passport? You mention he's Italian, but I ask, just for certainty.

5. Have you already filed the I-129F, to chase after a K-1 visa, later ?

----

Hint: For Excellent Connubial Bliss, Please get 'Monty Python's Search for the Holy Grail' on DVD, and you two lovebirds watch it together, before filling out any more K-1 visa paperwork. Prego !

Edited October 26, 2013 by Darnell

[myItaliano 0]

Sorry I forgot to respond to those other questions. Here are my responses:

Question 1: My fiancé is currently living in Italy.

Question 2: He holds an Italian passport.

Question 3: I'm beating myself over and over again because I love "Monty Python's Search for the Holy Grail" and I can't believe I didn't know the answer to that.

Dave, I was just thinking about the latter plan you suggested: get married, go to Italy, come back to the US in a few years, and file for a K3 spousal visa. In this case, do I still need to file for a K1? Or, can he just come here under the regular tourist visa, so that we can get married quickly?

[Darnell 8,479]

Aha ! Answers ! Excelsior !

----

New Plan - Have him come into the USA on a VWP/ESTA thingie,

then get married in SF,

then he leaves (or the two of you leave together) before the 90 days.

No K-1 visa chasing necessary, unless he is barred/banned from utilising VWP/ESTA.

Years Pass. Tempus Fugit. The two of you wish to return to USA, with him immigrating for good. File an I-130 to the US Consulate in Napoli, chase the DCF path. Forget a K-3, forget a K-1 - if'n you file the I-130 later, is great possibility he qualifies for a 10 year green card, IR-1 designation.

---

Go Get Em, and Good Luck !!!

Viva La Pasta !

Edited October 26, 2013 by Darnell

[myItaliano 0]

Perfecto! We have not applied for the K1 yet. He isn't barred from utilizing the VWP/ESTA. I think he may have already filed and received authorization because he came to the US last year to study English for a few months. We are waiting until he finishes his Master's program in early November.

If we don't have to apply for K1 and if he can just come to the US under a visitor's visa from Italy to get married, then apply for a K3 or I-130 in a few years when we plan to move back to the US, then all is well and good in my book. Grazie mille, everyone!!!

Also, Darnell, I am going to watch "Monty Python" now.

Edited October 26, 2013 by SF_to_Italy

[Darnell 8,479]

errata:

1. VWP/ESTA is not a tourist visa. Have him check his eligibility this weekend.

2. K-3 route mostly dead. Please not mention it again, or your punishment will be to watch Monkey King: Journey to the East, in Cantonese for 11 hours.

3. If you live in Italy with him, 6 months or more, you qualify to file the I-130 in Napoli, chasing after a CR-1 or IR-1 visa. The Tag is 'DCF', or 'Direct Consular Filing' - none of that mamby pamby doc intake to the lockbox in Chicago, and it takes 2 to 4 months before a visa is put into the passport. No NVC involvement, either.

[i really miss Perugia and Spoleto]

Edited October 26, 2013 by Darnell