ferricide

Glad to see people are navigating the ROC process. Looking forward to updates from everyone!

We will be eligible to file ours in December, which will come up fast, I'm sure...

Hi --

Before the end of the year my spouse and I will be filing our ROC/i-751. However, there's also a chance that we may move to another state.

Is there any reason for concern -- as long as I file the correct paperwork on change-of-address? Does moving out-of-state have any effect on the ROC process?

This old thread is slightly confusing/worrying, but may be out of date:

http://www.visajourney.com/forums/topic/320929-my-experience-with-i751-change-of-address/

Thanks!

Out of curiosity: Has anyone reached the point of ROC yet? (I-751, Removal of Conditions)? It's been awhile since I read this thread, and I do intend to comb through recent posts, but I figured it's also worth asking in case people hadn't posted about it yet. I feel like this must be coming up SOON for some of the first couples (though, we're among the "first couples" and we're not quite there yet.) I'm wondering how it's going for people out there with this step.

Thanks for your reply. An expat Italian friend of mine cleared it up for me -- there's a form called an AIRE that Italians have to fill out notifying their government they've moved abroad permanently. Once an AIRE is filed, taxes are no longer owed.

My spouse is an Italian citizen. Moved here from Italy in December. Green Card was received in March. Does he owe any taxes to the ITALIAN government for money earned while in the US? I can't find any resources on this (in English, anyway, and I do not speak Italian.)

I haven't gone through any family-based immigration processes, but I believe that as long as you were married in CA where your marriage is legally recognized, you should be fine.

That's my understanding and it is also my belief, but by itself moving is a big decision, and with this in the balance it always pays to do some research.

You won't be the first same sex couple to adjust status through San Antonio.

That's good to know. I haven't had time to dig into these threads to find any examples of other San Antonio experiences, though I will at some point.In the meanwhile, anybody have any to share?

I apologize for just jumping in here, but with a 49-page thread, it's tough to go through everything (though I may try to read it later).

I was just wondering if any same-sex couples had filed for their AOS in Texas? We're currently in the Bay Area but pondering a move to Austin. Wondering how that'll play out with the USCIS. I'd expect to be treated fairly anywhere, but any data on this would be nice

Just as background: My husband came from Italy; we did a K1 last year (getting the first same-sex one out of Naples) and got married in December. AOS was in San Francisco in March and Green Card was granted. But if we move before 2016 we'll have to file the I-751 (removal of conditions) in Texas.

BTW, if anybody out there who's earlier in the process has any questions, just reply to this post. Happy to share info.

Thanks for the opinions. I'm also of the opinion that the USCIS will not discriminate; however, when making a big decision (such as a move) it seems prudent to try to gather all info that could be pertinent.

If anybody else has anything to share, feel free to post it.

Yes, I don't see any reason, but of course I want the most info I can amass in making a big decision like this, as you can imagine.

I'm speaking specifically about a hypothetical ROC interview, were we to get one. At this point there have (literally) never been any same-sex ROCs, period, so curious about any AOS experiences, for example.

Hi there,

I'm in a same-sex relationship. We had our AOS interview in March of this year, and my husband received his (conditional, 2-year) green card after that. We currently live in the San Francisco Bay Area.

Of course, we will have to file a ROC in less than 2 years. We're also pondering a move to Austin, TX.

I guess my question is that simple: Has anyone living in the Austin area, in a same-sex relationship, had experience with the USCIS office there, yet? Anything to report?

Is there any need for concern? And please, real evidence or info is appreciated, not just conjecture.

For those who are curious, I emailed the IRS FBAR help email and got this reply:

Dear Sir/Madam,

Individuals who elect to be treated as US Residents for tax purposes under section 7701(b) should file FBARs only with respect to foreign accounts held during the period covered by the election.

Section 7701(b)

(1). Green card test ~ individuals who at any time during the calendar year have been lawfully granted the privilege of residing permanently in the U.S. under the immigration laws automatically meet the definition of resident alien and the green card test; or

(2). Individual who are not lawful permanent resident are defined as resident aliens under the substantial-presence test for and meet the specification contained in IRC 7701(b)(3); to meet the Substantial Presence Test for the calendar year (January 1 to December 31), individuals must be physically present in the U.S. for at least 31 days during the current year, and at least 183 days during the three year period that includes the current year and the two immediately preceding years.

In addition, the following are exempted individuals who do not count days in US (Pub 519)

A or G visa – an individual temporarily present in the US as a foreign government- related

J or Q visa – a teacher or trainee temporarily present in the US who substantially complies with the requirement of the visa

F, J, M or Q visa – a student temporarily present in the US who substantially complies with the requirement of the visa

A professional athlete temporarily present in the US to complete in a charitable event

(3). The person files a first year election on his income tax return to be treated as a resident alien under IRC 7701(b)4.

Therefore, if none of the three criteria listed above apply, then the person is not a US Resident for FBAR purpose.

Hi --

My spouse entered the U.S. as a fiance on a K1 Visa on December 3, 2013. We got married on December 10, 2013. By none of the "tests" in IRS documentation was he considered a resident of the U.S. for 2013.

Consequently, the only way for him to be treated as a resident for tax purposes was to include a signed statement saying he wished to be treated as a resident for 2013. That being the case, I filed a joint tax return (1040) for 2013.

Hi, just wanted to pop in and say -- this thread (in particular, though among others) has beautifully answered vital questions I've had about the tax process. And, Nich-Nick, you are an invaluable resource to the community. Thank you.

QUOTE

Did they take you to an interview room or was it all handled in the line? When I was in MIA last time I asked about it and the officer said we would have to go to an interview room. Just curious. Congratulations guys. You are on your way.

Nope, it was handled in the line, at the desk. That seems to be the way things generally play out at SFO according to the other reviews on VisaJourney:

http://www.visajourney.com/reviews/poereviews.php?poe=San+Francisco&dfilter=0

Just want to update everyone on where we are, as we do seem to be ahead of everyone else!

Last I wrote, we'd gone to the Consulate in Naples, had our interview, and gotten approved. We got the passport with the visa and the big packet to bring to the US back via DHL the day after the interview! Quick service.

On December 3 we left Italy and traveled together to the US. POE was San Francisco.

We went up to the "US Citizens" side of the customs line at the direction of one of the CBP officers. We went up to the counter together. I stated "I'm a US citizen, and this is my fiancee. He's entering the US on a K1 visa." His reaction was a dumbfounded "woah!" and it took him a second to recover.

But after that, he was extremely courteous and professional -- friendly even! He welcomed my fiance to the US and said "the hardest part is over now." He did remind us we have 90 days to get married. He also said that we were his first same-sex K1 to enter. I don't think he meant all of SFO -- just him personally.

That's it, I think. Just wanted to update that it was smooth sailing on entry with the visa. I'm sure some of you are a bit anxious about that.

We have already filled out DS-160 (online) and emailed/faxed back the confirmation letter awaiting an interview. All we're waiting for is our interview. Its been three weeks now however and trying to call anyone at the Naples consulate only meets frustration. One guy even told my fiancé that she can now do her interview in Florence if she wants to and we are VERY skeptical of that info. So what I'd like to know is how long it took to get your interview date from when you submitted DS-160 and was it via email confirmation? So many things tend to go through your head, did they somehow lose our confirmation letter....etc.

The Florence thing doesn't sound likely to me based on what I know about the situation.

I got an interview date a day or two after sending in the Applicant's Statement, so if you have done that, I would email them again, making sure to include your case number and names in the email. Put the beneficiary's name in the email subject, too, and make sure the subject makes it clear what you're asking about. That's just my 2c, and I can't promise you will get a great result, but that seems like it would work to me. They were in my experience quite responsive on email.

The Applicant's Statement is part of the Packet 3. You did send it in, right?

You were interviewed as a couple?

No, but I (the petitioner) was present at the consulate and the interview area is an open room (you can hear everyone's interviews). I was allowed to stand nearby for moral support but not participate. This was how the other interviews went too.

This review of Naples is, I think, the best one I've read in terms of accuracy, etc:

http://www.visajourney.com/reviews/view-dos-cis-reviews.php?entry=12348

Hi there,

May I ask how long it took for you to receive Packet 4? Its been three weeks now for us and contacting the consulate has been a nightmare. Is the only way to make an appointment through packet 4 or is there away to phone and make an appointment?

Hi --

So I'm not sure at what stage in the process you are at! When my packet left the NVC, the Naples consulate received it in about 5 days, if I remember correctly. In my experience they were very responsive on email as long as I included all the info (petitioner and beneficiary's name and case number [beginning with NPL].)

There's useful info here:

http://italy.usembassy.gov/visa/iv/faq-immigrant-visas.html

You can also download forms/instructions here:

http://italy.usembassy.gov/visa/iv/application.html

However, it's pointless to contact them if they didn't receive the package from the NVC yet. So call or email the NVC first and verify. You can easily find the NVC's contact info on visajourney, just search for it.

Congratualtions, that's great news! When you catch your breath and have time, could you please post a report about the interview questions that you were asked? A number of same-sex couples have interviews scheduled over the next couple of months and it would be helpful to know if the questions seem to be varying much from the usual drill.

Thanks and congratulations again!

The questions were much the same as any other couple was being asked. They were the sort you'll find on the site already: http://www.visajourney.com/content/exampleq

Where / how we met, what we both do for work, how and when we decided to get married, if we'd met each others' parents. The Naples consulate was entirely fair -- we got treated like any other couple.

I apologize in advance that I am too tired to write a very detailed post yet...

Just wanted to check in and let everybody know that we have successfully gotten a K1 visa for a same-sex relationship from the consulate in Naples. We have the visa in hand. So this can and does work. I hope that gives confidence to some of you out there who are waiting!

It's been a few busy / trying days in Naples but that doesn't matter now... =)

According to the woman at the consulate, we were the FIRST same-sex K1 to go through Naples (and thus Italy!)

Just to verify that for the Naples consulate, this was okay. They didn't say a thing about the fact that I (the petitioner) paid on behalf of my fiance. We had our interview yesterday and all went smoothly.

Did they say if you can pay in Euro? Or dollars only?

So, I found out the answer to this -- you can pay in either.

But I have a new question. Has anyone paid at the consulate in Naples directly? If so, can you explain the process a little bit? (Is it before the interview or at the time of the interview, do they check when you arrive, etc. Is it a hassle...)

My fiance has an upcoming interview at the Naples consulate. Is it OK for me to pay the visa fee via usvisa-info.com or does he have to pay it?

I'm a bit stuck on the site right now so I've not been able to play around with options yet. Also, I did try searching so I apologize if this has been asked before.

Emailing Naples seems to be the best way to contact them. They stated that we could pay the consular fee at the time of interview. This is very good news indeed.

Did they say if you can pay in Euro? Or dollars only?

Just wanted to tell people that there's another couple out there who's at the interview stage. I'm the petitioner; the beneficiary's interview (Naples embassy) is scheduled for about two weeks from today (November 20.) Things have progressed very rapidly since the petition left the NVC, almost so much so that despite preparing and reading about what's required we were slightly caught off guard! It's still a good thing though, of course.

It's kind of crazy that this is actually happening.