txladykat

Yes you can.

9 FAM 42.41 N4.2-2 Petitions Executed by U.S. Citizenship

& Immigration Services (USCIS) Abroad

The only conditions under which petitions may be filed at post are:

(1) The petitioner is a resident of the consular district. The petitioner

must have maintained continuous residency in the consular district

a minimum of the preceding six months in order to demonstrate

residency. (noting that this part is in bold italics on the website)

You may accept Form I-130 petitions from U.S. citizens

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas

9 FAM 42.41 Notes Page 7 of 18

who reside in your jurisdiction and have done so for the previous

six months. U.S. citizens whose principal residence is not in the

consular district, and/or who have entered the consular district as a

temporary visitor/student/or with limited leave to enter and remain

must file the petition with the appropriate USCIS service center in

the United States.

d. If a petitioner has met one of the requirements in paragraph c above, and

you conclude after reviewing the petition that it is not "clearly

approvable," you are not authorized to deny the petition. Instead,

forward the petition, with all supporting documents, to the appropriate

USCIS office with jurisdiction over that location. (See 9 FAM Appendix N,

201 c.)

The stamp in the passport acts as a temporary green card and is valid for 1 year from the date of entry.

Ok, but this is not a consular decision, this is a requirement of the USCIS. To file an I-130 at an embassy abroad, you must reside there continuously for 6 months immediately prior to filing.

9 FAM 42.41 N4.2-2 Petitions Executed by U.S. Citizenship

& Immigration Services (USCIS) Abroad

The only conditions under which petitions may be filed at post are:

(1) The petitioner is a resident of the consular district. The petitioner

must have maintained continuous residency in the consular district

a minimum of the preceding six months in order to demonstrate

residency. (noting that this part is in bold italics on the website)

You may accept Form I-130 petitions from U.S. citizens

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas

9 FAM 42.41 Notes Page 7 of 18

who reside in your jurisdiction and have done so for the previous

six months. U.S. citizens whose principal residence is not in the

consular district, and/or who have entered the consular district as a

temporary visitor/student/or with limited leave to enter and remain

must file the petition with the appropriate USCIS service center in

the United States.

d. If a petitioner has met one of the requirements in paragraph c above, and

you conclude after reviewing the petition that it is not "clearly

approvable," you are not authorized to deny the petition. Instead,

forward the petition, with all supporting documents, to the appropriate

USCIS office with jurisdiction over that location. (See 9 FAM Appendix N,

201 c.)

I am going to ask when I am there in Italy...

Thanks

Christeen

Since they deal with immigration all the time, they probably know who to contact and how.

Since they deal with immigration all the time, they probably know who to contact and how.

Just to be safe, my husband took my original and copy (I am the USC) to the interview in Denmark. They didn't want it, they only wanted his (the immigrant).

Just to be safe, my husband took my original and copy (I am the USC) to the interview in Denmark. They didn't want it, they only wanted his (the immigrant).

In Denmark we were told not to sign it because he had to sign it in the presence of the consular. Why are you petitioning for your son? He should be a USC and not need a visa.

How many places are you going to post this? I have replied to your other posts. TYou can only file DCF after you have resided in Italy continuously for 6 months. That is a requirement of all embassies. Being in Italy for 6 weeks does not give you the authority to file DCF, with or without a residence permit.

Also, with the CR1 visa, the immigrant is eligible to work immediately upon entering the US. Not the case with a K-3 visa.

Ok, perhaps I am a bit late on this, but I would be thinking about it if I did not ask! I have filed my I-130 here in the US and am waiting at the CSC.

However, I also have residency in Italy (home country of my husband) in the form of my Permisso Di Siorggornio (Italian Green Card) and an Identy Card. Is is possible to switch to a DCF filing at this point? I only ask as it has been 3+ months waiting for NOA2 and not looking to be moving too fast.

I will be in Italy with my husband for the next 6 weeks and wondered if possible to switch or also file there or would that screw stuff up??? BTW, my husband and I have been married for 7 years but he worked on a ship so we could not apply earlier. I have had my residence there since 2004.

Any info would be helpful...

Thanks

Christeen

no, it is not possible. It takes more than just having residency. You must actually reside in the country continuously for 6 months before filing. I moved to Denmark in October 2008, became eligible to file in May 2009. My residency for Denmark was still pending when I filed (they were taking approximately 13 months to approve residency permits). However, assuming i had received my residency permit and moved back to the USA before applying, I would no longer be eligible for DCF because my place of abode was the US, not Denmark. I qualified to file based on living there 6 months, not based on possessing a residence permit.

At this point, I would suggest contacting an immigration attorney. If you put "I don't know" I think you are opening a huge can of worms you don't want to open, plus it will likely delay your case significantly. But, if you put no, and their search reveals otherwise, they catch you for lying. Seriously, find an immigration attorney and enlist their help on this one.

I think you are going to have a hard time, simply having the Italian residence permit does not give you the right to file DCF. You have to be residing in the country for the 6 months preceding the filing on a continuous basis. Since you have already filed in the US, you are on the record as residing in the US, stating anything different would be fraud and could get you in trouble

what about an aunt? uncle? family friend? Like I said, you can always change it later, this is just for the paperwork. Being that they are cracking down so hard on establishing domicile, its a big risk IMO

depends on the consulate issuing the visa. Denmark requires the names to match, so you better check with your consulate.

Very strange that they didnt use her full name on her SSN. They always put the full name. I think I would contact the SSN office and have that corrected. I think the GC is fine if it has her middle initial and the full name at the bottom.

I think it depends on the POE. The embassy told my husband he didn't need his xrays and just to pack them, but he didn't listen to them and carried them in an abundance of caution. Good thing he did because immigration asked for them (and kept them) at his POE, which was Newark.

Yes, you can submit the contract as proof of income. Its always easier when going with income then you can file the I864EZ. If you have enough income, I recommend this over the regular I-864 and omit assets. BTW, disability income qualifies as income.

We filed our I-130 in Denmark (DCF) then a week later we both came to the states (he came on the visa waiver) for two months before returning for his interview. We had no problems at all. We even went through the immigration line together so they knew he was here with his USC wife. The only thing they asked was "how long will you be here", and that was it.

yep, we did exactly that! We filed in Denmark on May 1st, came to the states May 8 on visa waiver, and he returned back at the end of June for his interview on July 1st, then entered the US on July 3rd with his visa.

Yet another option if he is moved in September, your husband could file for the I-130 and you could go over with him in September on a visitors visa, then you could return to London for the interview, get the visa, and move over for good. It is legal to enter on a visitors visa while an I-130 is processing.

You really need to put an address in there. First, this is the address they will mail her green card to when she enters the states, second immigration at the POE will need an address (just as they do when you fill out the I-94W), third you have to show domicile and not having an address in the US will cause you problems for establishing domicile. Don't you have a friend you can use? At least for purposes of the paperwork? You can always change it once you come to the US.

We filed tax returns and ITN in March and got it back in about 2 months. We sent ours from Denmark. They will send the ITN to the address you listed on the return.

No, just send a letter along with your Affidavit stating that you only had income for those two years and that for the third year you had no income whatsoever, therefore were not required to file a tax return under US Code. Be sure to put $0 in the income box for that year, don't leave it blank.

K-3 visas aren't used much anymore. They were introduced a few years back when the CR1 visas were taking upwards of 1-2 years. The thinking was to issue the K-3 visa to get the spouse here quicker, but that is no longer the case. The K-3 visa takes just as long to get, if not longer.

I would contact the USCIS military assistance line as it suggests. Maybe they can help expedite it if his command can confirm he may have orders in September. Like others have said, you can drag out the process for a long time if you need to. Filing now you have a chance of getting it in September, or shortly thereafter. If his orders don't come through, just drag out the process. Take your time returning packet 3, when the interview is scheduled, reschedule for a much later date. The visa is good for 6 months. If you have not gotten orders nearing the expiration of the visa, you can request an extension of the visa.

if you are already going to france for a substantial period of time, why not stay months and file DCF?

Oh, and yes, you cannot have two visas processing at the same time. If you begin a new one, you must take steps to abandon the first one. Even though the employer filed it, your husband should be able to contact USCIS and abandon the process.