New Yorker living in Italy. Confused please help.

[LaurenFromNYC 0]

14 hours ago, Jorgedig said:

Prenups or whatever do not matter for federal tax purposes.  You will still need to use either MFS or MFJ filing status for your 2019 return.

Thanks! 

[LaurenFromNYC 0]

13 hours ago, carmel34 said:

Evidence of Reestablishing Domicile

 

If you are an I-864 sponsor that no longer has domicile in the United States, you must provide evidence that you intend in good faith to reestablish your U.S. domicile no later than the date of the intending immigrant’s admission or adjustment of status. Examples of acceptable documents include:

 

A declaration of intent to reestablish U.S. domicile
Accepting a job in the United States
Signing a lease or purchasing a residence in the United States
Registering children in U.S. schools
Any other documents that prove you have taken steps to establish domicile (US driver's license, voter registration, bank accounts, etc.)

 

Some spouses are able to do these things from abroad, showing intent, others move to the US before their spouses to get an apartment lease, open a US bank account, get a job, and so forth.  You have a joint sponsor so you should be able to show intent with documents suggested above.  Good luck!

Thank you. I still have my law license there which is active. I am going to renew my drivers permit. I appreciate your help. 

[databit 328]

22 hours ago, LaurenFromNYC said:

I have no income and I have separation of property with my husband so I do not get any of his income. 

This is actually a negative thing for immigration purposes. To the US, commingling of assets = commitment of marriage. That's because fake "marriages for green cards" like to keep assets separate.

[Daisy&Mirko 1]

Hi!

I am in the process as well and I maybe can help.

I do not think you can do DCF as, from what you said, you have not moved your residence to Italy. Therefore, one of the major requirements is gone. Normally, if you have moved your residence here, you should also have an Italian ID. What you have applied for is not a visa but the "permesso di soggiorno di lunga durata"  (an European green card basically) which is what my wife has too. If you are not sure you have ever moved the residence, then you almost surely have not as you have to go to the city hall and fill out some forms to apply. You can check it directly with USCIS, by calling them or emailing them directly. They are very fast and efficient in answering your questions.

If you can not do DCF, which means going through USCIS Rome Field Office at the Embassy in Rome, then you must file in the US which takes longer, much longer. I sent my I-130 on September 5th, it was received on the 6th and was approved on the 17th. I got the letter of approval by the end of the month.

Do not worry about separation of property, my wife and I have it too and it was not a big deal at all. Just be ready to prove your relationship is real (pictures, flight tickets, letters from friends acknowledging your relationship...).

 

 

Edited January 22, 2020 by Daisy&Mirko
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