k-1 non-resident and no-income but...

[Erikaitaly 0]

Hello guys!

I’m new to the forum but I read a few threads. Here’s my situation:

• I am a naturalized american citizen and I reside in Italy. My family, including my American mother, reside in Italy, too.

• I am engaged to an Italian citizen, living with me in Italy (same-sex couple)

• I am about to move to the US to continue my studies, so I have no official income

• My fiancée has been working for years, plus she owns an apartment that she rents, so she has savings in her (Italian) bank account.

A few questions:

• Can we apply from Italy and process everything in Italy?

• Having no income, I wouldn’t know how to complete form I-134. My mother cannot be the co-sponsor because she does not live in the US. I read on travel.state.gov that: “You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support”. Does this mean that she can show her financial independence or something like this?

• Once in the US (assuming that everything goes smoothly) how soon can she start working? Are there any limitations on contracts etc?

Many many thanks!!

[aaron2020 11,651]

Hi,

1. You can file in Italy since DCF is available.

2. No, her assets are not relevant. You will need a co-sponsor who is a USC or LPR living in the US.

3. You would need to get marry, then file for her AOS and EAD/AP. It takes about 3 months after you marry and file to get the EAD. Only with the EAD can she work.

[sma1488 155]

Hi,

1. You can file in Italy since DCF is available.

2. No, her assets are not relevant. You will need a co-sponsor who is a USC or LPR living in the US.

3. You would need to get marry, then file for her AOS and EAD/AP. It takes about 3 months after you marry and file to get the EAD. Only with the EAD can she work.

To your first point, DCF requires them to be married and same-sex marriage is not recognized in Italy, so that's a no-go.

[aaron2020 11,651]

To your first point, DCF requires them to be married and same-sex marriage is not recognized in Italy, so that's a no-go.

A USC can make a DCF for a fiancée.

It does not matter that Italy does not allow same-sex marriages.

Edited February 16, 2015 by aaron2020

[sma1488 155]

A USC can make a DCF for a fiancée.

It does not matter that Italy does not allow same-sex marriages.

I've never heard of DCF for a K-1 visa. The site doesn't mention it either -- only for the I-130. And if the marriage has to take place first in Italy, then yes, Italian laws do matter.

http://www.uscis.gov/about-us/find-uscis-office/international-offices/italy-rome-field-office

[CowBoE 429]

A USC can make a DCF for a fiancée.

It does not matter that Italy does not allow same-sex marriages.

Just out of curiosity, how does such same-sex couple prove that they are married

when Italy doesn't recognize same-sex marriage?

Do they first have to go some country where they recognize it and get married

and then submit that evidence or does US consulate accept their marriage just by their statement alone

knowing the circumstance in Italy?

I am NO same-sex couple...but I was just curious how this can be processed...

to help OP get their answer.

[Cody and Daisy 374]

Just out of curiosity, how does such same-sex couple prove that they are married

when Italy doesn't recognize same-sex marriage?

Do they first have to go some country where they recognize it and get married

and then submit that evidence or does US consulate accept their marriage just by their statement alone

knowing the circumstance in Italy?

I am NO same-sex couple...but I was just curious how this can be processed...

to help OP get their answer.

The initial i129f petition is going through the U.S. embassy.

Italy does not count in the process.

This couple are moving to America to get married, they are not marrying in Italy and same sex marriage has been allowed with a k1 visa for several years now.

They can do this. It might be a little harder for them but there is no law even in Italy saying they cannot go fourth for a k1 because they will not be marrying in Italy.

Also Italy for the first time in history has more people wanting civil unions to be allowed. It's changing, and hopefully one day they will decide to let civil unions happen or better yet marriage.

Edited February 16, 2015 by Cody and Daisy

[jan22 3,070]

You cannot file K-1 petitions at an Embassy (i.e., DCF). They all must be filed via the l

ockbox in the US.

[Boiler 46,356]

You cannot file K-1 petitions at an Embassy (i.e., DCF). They all must be filed via the l

ockbox in the US.

Must admit that was my assumption. Not sure if I have seen it asked. Trying to think why not

[KayDeeCee 4,896]

DCF is for filing an I-130 for a spouse, child or parent. The I-129F petition for a fiance(e) cannot be directly filed at the consulate. http://italy.usembassy.gov/dhs/uscis/services/i-130.html

A USC can make a DCF for a fiancée.

It does not matter that Italy does not allow same-sex marriages.

Where is the information that this is a possibility?

Edited February 16, 2015 by KayDeeCee

[sma1488 155]

The initial i129f petition is going through the U.S. embassy.

Italy does not count in the process.

This couple are moving to America to get married, they are not marrying in Italy and same sex marriage has been allowed with a k1 visa for several years now.

They can do this. It might be a little harder for them but there is no law even in Italy saying they cannot go fourth for a k1 because they will not be marrying in Italy.

Also Italy for the first time in history has more people wanting civil unions to be allowed. It's changing, and hopefully one day they will decide to let civil unions happen or better yet marriage.

All of this is irrelevant to the topic at hand because as I said before, DCF is not for I-129F petitions.

[Cody and Daisy 374]

All of this is irrelevant to the topic at hand because as I said before, DCF is not for I-129F petitions.

Someone asked a question. I gave them an answers that's always relevant.

[sma1488 155]

Someone asked a question. I gave them an answers that's always relevant.

Yeah, except for the part where all of your answers were flat out wrong.

Anyway, out of fairness to the thread starter, we should prevent this topic from veering even further off course. You CAN file the I-129F petition from abroad, assuming you have access to the required documents and a check drawn on a US bank (or money order) to pay the filing fee. You will need to find a co-sponsor who meets the requirements mentioned by aaron2020, and you may be asked to provide proof that you will re-establish your residence in the United States. The co-sponsor does not have to be an immediate relative, or even a relative at all, but the closer your relationship with that person, the lesser chance you will be asked questions about it. You will need this co-sponsor for the next step of the process as well.

Keep in mind that the K-1 process can take anywhere from 4 to 10 months on average depending on which service center your petition is assigned to, so it's best to get started on it ASAP.

[Dave&Roza 748]

Hello guys!

I’m new to the forum but I read a few threads. Here’s my situation:

• I am a naturalized american citizen and I reside in Italy. My family, including my American mother, reside in Italy, too.

• I am engaged to an Italian citizen, living with me in Italy (same-sex couple)

• I am about to move to the US to continue my studies, so I have no official income

• My fiancée has been working for years, plus she owns an apartment that she rents, so she has savings in her (Italian) bank account.

A few questions:

• Can we apply from Italy and process everything in Italy?

• Having no income, I wouldn’t know how to complete form I-134. My mother cannot be the co-sponsor because she does not live in the US. I read on travel.state.gov that: “You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support”. Does this mean that she can show her financial independence or something like this?

• Once in the US (assuming that everything goes smoothly) how soon can she start working? Are there any limitations on contracts etc?

Many many thanks!!

Once you get the K-1 visa and she comes to the US, you will file for adjustment of status (AOS) where you have to also file the affidavit of support using the I-864. The I-864 allows the use of assets to over come the 125% of the poverty level and as a married couple the assets are taken at 3X the short fall. So if you use all assets, the requiirement would be $58,986 for a family of two. The problem will be in getting the visa and haveing to show income and assets for the I-134, but it is not legally binding so someone may be more likely to help you out vrses if they have to sign the I-864.

Good luck,

Dave

P.S. any way to get married and then do the DCF? Maybe get married in the US or some other country that recognizes same sex marriages.

Edited February 17, 2015 by Dave&Roza

[j&ana 380]

You can not do DCF Filing , I think you could still file K-1 from there but you will have to send the petition to the USCIS in the USA. Of course you will have to have domicile in the USA. If you do not have that then it will be denied. I am not sure about using the beneficiary assets. I know if you are married you can use the beneficiary assets, but it only counts for 5x the amount of 125% poverty level. If you was using your assets as an American citizen it would be 3x the amount of 125% poverty level

Edited February 17, 2015 by j&ana