US/Italian citizen and Dutch citizen living together in Italy. What visa is best for us?

[dottiecat 0]

Hey guys! First off, this forum is awesome and I am so glad it exists.

 

My significant other and I live together in Turin, Italy. I am a dual U.S./Italian citizen and he is a Dutch national. Within the next 2 to 2.5 years we'd like to move to the U.S. (to NYC where I am from). We're curious to see--based on our situation--which type of visa is best for us. Here are the details:

 

• We are not yet married.
• We're 100% not interested in getting married in Italy; it must be in the U.S.
• After we get married, we're okay with either going back to Italy to wait out the visa process or getting married in the U.S. and settling into life in the U.S. together right away.
• We are both freelancers so we can work anywhere. My income is enough to support both of us during any wait times for his work permits.
• Only I am on the rental contract here in Italy. He lives here but maintains actual residence in the Netherlands. Will this be a problem in demonstrating a real, bona fide relationship?
• I live in Italy but spend 4+ months out of the year in the U.S. and as a result my residency for the U.S.' intents and purposes is in the U.S., despite also having physical, shared presence with my SO in Italy.

 

That's about it! Thanks, all. 😀

 

 

[designguy 1,179]

Well if you absolutely must get married in the US then the K1 is the only option. However that will mean that your partner will not be able to work for upwards of 6 months once they arrive in the US (And yes this includes freelancers). This process is more expensive and you have to go through the adjustment of status process and then after that go through removal of conditions.

 

The recommended way is to get legally married outside the US and then file for and spousal visa which, once approved, will allow to enter the US and once your passport is stamped you legally have a greencard. If I were you I would get legally married tomorrow because with your timeline, if your spouse enters the US after you have been married for 2 years, they will get the 10 year GC instead of the 2 year one. This will save you the trouble of having to remove the conditions. You can always have a wedding party down the line 

 

Edit: Should clarify that your partner could enter on the VWP, get married and then you guys return to Italy (or elsewhere) and file for the spouse visa. Just keep in mind that it will take 16 months+ for that process after you have been married and can file

Edited October 22, 2019 by designguy

[dottiecat 0]

Thanks so much for your reply!

 

My next question would be: could we get married in the US on vacation and then return to live in Italy and start the process?

[payxibka 10,044]

1 minute ago, dottiecat said:

Thanks so much for your reply!

 

My next question would be: could we get married in the US on vacation and then return to live in Italy and start the process?

Sure,  but it is a different visa 

[designguy 1,179]

10 minutes ago, dottiecat said:

My next question would be: could we get married in the US on vacation and then return to live in Italy and start the process?

Yes you would file the I-130 when you return to Italy after you have been married. If you have legal residence in Italy you may be eligible for Direct Consular Filing at the embassy in Rome. This can drastically reduce the processing time so you should look into it. There has been talk and some action on closing international USCIS field offices, but Rome is currently not on the list

[Nat&Amy 623]

Since you are okay with the idea of returning to Italy to wait for the visa, it is highly recommended you do the spousal Visa instead of the K1, for all kinds of reasons. For one, no Adjustment of Status later on. Two, your spouse will get a GC right away and it will be much easier to get everything he will need to settle properly (with a K1 he will be tied to the validity of his I 94 and that is a pain). He will have the ability to work right away as well.

 

I did the K1 but in all honesty, I would only recommend it to people with a specific set of circumstances that somehow prevent them from doing the spousal route, but that doesn't seem to be your case.

 

Good luck in your immigration journey!

[dottiecat 0]

Thank you! 

 

Do you foresee it being an issue that I spend 4/5 months (collectively) in Italy every year and that his official residency is in the Netherlands/he's not on the rental contract? We obviously live together and can provide a ton of pictorial/messaging evidence of that ("Go pick me up pizza on your way home!" is said many times lol). 😀 We've been on flights together to many places, too.

 

I think I could also add him to the rental contract too.

Edited October 22, 2019 by dottiecat

[designguy 1,179]

5 minutes ago, dottiecat said:

Thank you! 

 

Do you foresee it being an issue that I spend 4/5 months (collectively) in Italy every year and that his official residency is in the Netherlands/he's not on the rental contract? We obviously live together and can provide a ton of pictorial/messaging evidence of that ("Go pick me up pizza on your way home!" is said many times lol). 😀 We've been on flights together to many places, too.

 

I think I could also add him to the rental contract too.

For purposes of establishing a legitimate relationship there are many ways to prove this. They like to see commingling of finances which is something you can start doing this. Adding him to the rental contract is probably not a bad idea but itself is not a requirement.

 

The thing I am not 100% sure of if he himself is not a resident of Italy if you can do DCF. Maybe someone more senior can provide that info for you.

[payxibka 10,044]

16 minutes ago, dottiecat said:

Thank you! 

 

Do you foresee it being an issue that I spend 4/5 months (collectively) in Italy every year and that his official residency is in the Netherlands/he's not on the rental contract? We obviously live together and can provide a ton of pictorial/messaging evidence of that ("Go pick me up pizza on your way home!" is said many times lol). 😀 We've been on flights together to many places, too.

 

I think I could also add him to the rental contract too.

Your official source of the truth is the USCIS Rome field office website.   Google it.  Click on Form I130 and read

[HRQX 4,145]

1 hour ago, designguy said:

If you have legal residence in Italy you may be eligible for Direct Consular Filing at the embassy in Rome. This can drastically reduce the processing time so you should look into it. There has been talk and some action on closing international USCIS field offices, but Rome is currently not on the list

USCIS Rome office will be closed before OP's preferred timeline of "2 to 2.5 years": https://www.uscis.gov/news/news-releases/uscis-will-adjust-international-footprint-seven-locations

Edited October 22, 2019 by HRQX

[HRQX 4,145]

2 hours ago, dottiecat said:

• We are not yet married.
• We're 100% not interested in getting married in Italy; it must be in the U.S.

You can marry in the US:

He'll enter the US as a VWP traveler, marry you, and then depart the US.