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schillaci

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Posts posted by schillaci

  1. Mom would have to be able to meet the income/asset requirements on her own using the I-864.

    Yes, she does meet the requirements. She doesnt need my income added to hers to qualify. She has enough assets on her own. But since I dont have anything that shows my residence as her address I wonder if we are able to say I am in her residence. If that is the cadse do we both fill out the I-864 and leave the 864a?

  2. I, the USC, am living in the US at one address, my mother, the joint sponsor, at another. Do we both need to fill out the I-864? Can I use her address as my residence and she fills out the I-864a even though all of my ID, bank account etc says a different address?

    If we use different addresses she should not fill out the I-864a, correct? But if she doesnt fill out the I-864a then how is it that I will be using her assets?

  3. I am the USC sponsoring my wife and will have my mother be the joint sponsor. Do we both fill out the I-864a if we are living in the same residence or does she fill out the 864a and we both fill out the 864?

    Also, I am in the US but not living in the same residence as my mother. So if we were to have our residence at her house when we both come to the US would I need to have some proof of my living there besides her saying that we will be living there i.e. bank account statements, license etc? I am wondering if we should just do the I-864 and have it so that we are not in the same household since all of my stuff has a different address at this point.

  4. Well, my husband had his Interview today in Naples and was APPROVED!!!! Yea, thank goodness! I wasn't able to go with him (kids in school), but he said it all went smooth and easy and that the people at the embassy were very easy-going and flexible. He picks up his visa today after 5pm at the Mail Boxes Etc. YEAAAA!

    Thats great news! Congrats.

  5. We got the pcket 3 from Naples last Wednesday and sent the ds-230 the same day. Recieved the packet 4 from Naples the next day and today called and got our interview date. We could have gotten it as early as May 4 but I have a work commitment that week. So we opted for May 18. For those who dont know, the only do the appointments on Tuesdays and Wednesdays. And the medical is always the day before.

  6. Well, I can't say for other Embassys, but I was surprised by that e-mail since I had asked about it and was told that I could leave. Not only that but we never received any instructions from the Embassy about how we were supposed to go about it and also nothing on the Embassy website. So I wonder if the person who sent the e-mail was mis-informed and it wasn't a problem at all anyway. Either way I am happy but the best case scenario I was hoping for when I called was for them to continue processing the petition from Rome and to not send it to the US. So you can understand how exstatic I was to hear that it was already approved.

    We received the letter from Rome today so I assume we will be getting the packet from Naples soon.

  7. I talked to a lawyer and they told me that I was indeed wrong to come to the US before the I-130 was aproved. But I never received any inxstructions from the embassy and nowhere on the US Embassy Rome website does it say it. SO my lawyer told me to call them after I sent all the requested documents and plead my case that way and to find out what they intended to do. She said that it might be possible that they wont transfer the petition to the US or that they might just deny it and we could reapply in Italy and I would just stay until it was aproved this time.

    So I called this morning and was told that it was approved! I couldnt believe it. I had everything I was going to say ready and was not going to get off the phone until I had an answer. I am still in a bit of shock. So now we wait for the packet from Naples and set up the interview.

  8. Hi all

    I asked this question in the DCF forum but still am not sure what to do. I was living in Italy for almost a year and a half with residence there(US and Italian citizenship). Got married in october to a girl from Belarus. We were living together for 4 months after we got married. She hadnt received her "permesso di soggiorno". We filed the I-130 on Dec 30 and I left for the States after speaking with a woman at the US Embassy Rome and she told me it was ok to leave and come back to get a job stc. Now I realize that she meant after the I-130 but she didnt specify this. After months and a request for more information the embassy emailed this week with another request for more info and said that I was supposed to be in residence in Italy during the process. I sent all the evidence I had for them. It took 5 emails to include all the docs and pics and what not.

    Anyway, what can I do about this situation? Will they deny us since I am in the States? I told them via email that I can be in Italy next week and wait for the approval to be finished but I havent heard back from them. What shoudl I do? Should I wait to see what happens and hope they approve us anyway or should I go there? Will I need to start over again and if so is there a certain amount of time that needs to pass before we can start over?

    I thought the I-130 was going to be a piece of cake but it has been a nightmare. It has taken much longer than it was supposed to. One woman at the embassy told me when I called looking for any word on our status also told me that it was unusual for it to take this long.

    Any advice would be appreciated.

    Also I have spoken to 2 immigration lawyers and they didnt know what to do either since most know nothing about the DCF.

  9. Hello all

    Thanks for any help you can give me. If you have read any of my previous posts you will of course know that things have not been progressing well with our I-130 application. The latest is this.

    I am back in the States now working and set up our apartment situation and bank account. It was my understanding that I was able to leave after the I-130 was submitted so that I could find employment, re-establish domicile and open a bank account.

    I recieved this e-mail today.

    "Please be advised that USCIS requires strong evidence of your bona fide marriage. Please forward to us evidence of any jointly, own property and any of mingled financial resources between yourself and your spouse. You may also provide evidence of travel to visit one another, phone records, past and current e-mails and/or letters to document your relationship.

    Additionally, USCIS requires that you be in residence in Italy in order to have your I-130 petition adjudicated by our office. Service records indicate that you departed Italy on January 08, 2010, the same day that your I-130 petition was filed in our office, and have not returned. Please indicate where you and your spouse are currently living and provide documentation for yourself as well as a copy of your spouse’s “Permesso di soggiorno”"

    I alreadu sent the bonafides of the marriage. There was no mingling of resources as I told them months ago since my wife didnt have her permesso di soggiorno (residence permit) so we couldnt open an account together. I had already sent travel info, pictures and afadavits from thrid parties to show the bonafides. I will send e-mails and phone records and resend everything I already sent. But the last part has thrown me for a loop. I talked to a woman at the embassy before I left for the States and asked if it was ok and she said yes. Maybe she thought I meant after the I-130 was approved but she was not specific so I assumed it was after it had been submited.

    I am distressed. If i send them all the requested info how do I deal with the part about me being here already? I plan to write in the e-mail what I just explained but does anybody have any advice on what I should say or if there is something specific I can do? Should I go back to Italy and wait? Will they deny us the application and if so what recourse will we have? How shoudl I proceed here?

    Thanks again in advance for any and all help/

  10. Hi!.. I dont live in Italy (I live in Mexico).. but I just wanted to tell you that I dont think your application will be denied !... many of the consular offices dont want to give any information by phone, but that doesnt mean that the application is denied.

    I think it was the background check... In the Mexican Consulate they told me takes around 2 weeks.

    I dont think you have something to worry about !..

    Good Luck !

    Thank you Marisol

    SOmetimes its just nice for somebody who has been through it to say dont worry. But I did specifically ask them if it was the background check and they said no. Well, at this point i am in the dark as far as what they do and why. I just have to be patient I suppose.

  11. Ok so here is my timeline.

    I sent the I-130 to the US Embassy in Rome on Dec 30. They recieved it 8 days later (yes, 8 days for a package to get to Rome from Sicily!) but needed the translation of the wedding certificate (I got confused with the interview in which you dont need the Italian docs translated but at this stage they explained I needed it translated). So I was able to to scan and e-mail the translation 2 days later. On Jan 26 I received an e-mail asking for more evidence. I sent them an affidavit from a third party and a written statement about when and how we met and a timeline of our relationship. We hadnt head anything back from them about it so we called 10 days later. They told us that they sent a request to the States for something which they said they couldnt tell us about on Feb 4. They said it usually takes 2 weeks or so for them to get it since it needed to come by mail. I assumed it was a background check on me, the USC. So we waited to hear back and called after almost 3 weeks and were told they still hadnt received it. Finally last Friday they said they had the documents requested, that took about 5 weeks, but now had to adjudicate it and it would take about 2 weeks. That would make a date of March 19.

    I asked them again what it was they had been waiting for and asked specifically if it was a background check and said it wasn't that but they couldnt tell me what it was. Any ideas as to what they needed?

    The DCF process seemed to go so much faster for a lot of people, especially in Italy. I thought for sure we would be with visa in hand before Easter but it is not to be. Should we be worried? Is this unusual? I am afraid we are being set up for a denial.

    For background, I was married to a Romanian girl in 2003 and filed a k-3 for her but after 2 years, she never made it over here and we got divorced. I met her through my friend and am still in touch with my friend. She is married again and is now in the States.

    I have never been arrested and have no record of any kind. I was a student in 2007 and unempoyed in 2008 but was working in Italy in 2009 and am back in Boston working now while we go through this as my wife is still in Italy.

    Would these things count against me? I am having trouble understanding why this is taking so long when others only took 3 months to get their interview.

    What reason would they usually have to deny the I-130?

  12. Ok so here is my timeline.

    I sent the I-130 to the US Embassy in Rome on Dec 30. They recieved it 8 days later (yes, 8 days for a package to get to Rome from Sicily!) but needed the translation of the wedding certificate (I got confused with the interview in which you dont need the Italian docs translated but at this stage they explained I needed it translated). So I was able to to scan and e-mail the translation 2 days later. On Jan 26 I received an e-mail asking for more evidence. I sent them an affidavit from a third party and a written statement about when and how we met and a timeline of our relationship. We hadnt head anything back from them about it so we called 10 days later. They told us that they sent a request to the States for something which they said they couldnt tell us about on Feb 4. They said it usually takes 2 weeks or so for them to get it since it needed to come by mail. I assumed it was a background check on me, the USC. So we waited to hear back and called after almost 3 weeks and were told they still hadnt received it. Finally last Friday they said they had the documents requested, that took about 5 weeks, but now had to adjudicate it and it would take about 2 weeks. That would make a date of March 19.

    I asked them again what it was they had been waiting for and asked specifically if it was a background check and said it wasn't that but they couldnt tell me what it was. Any ideas as to what they needed?

    The DCF process seemed to go so much faster for a lot of people, especially in Italy. I thought for sure we would be with visa in hand before Easter but it is not to be. Should we be worried? Is this unusual? I am afraid we are being set up for a denial.

    For background, I was married to a Romanian girl in 2003 and filed a k-3 for her but after 2 years, she never made it over here and we got divorced. I met her through my friend and am still in touch with my friend. She is married again and is now in the States.

    I have never been arrested and have no record of any kind. I was a student in 2007 and unempoyed in 2008 but was working in Italy in 2009 and am back in Boston working now while we go through this as my wife is still in Italy.

    Would these things count against me? I am having trouble understanding why this is taking so long when others only took 3 months to get their interview.

  13. Hey there,

    I was approved yesterday and should receive NOA soon!!

    great!! :)

    We sent the I-130 to Rome on Dec 30. Recieved an e-mail from them on January 12 that they recieved it but I forgot the translation of the wedding certificate. Then on the 28th of Jan got another e-mail saying that the immigration officer requested an affidavit from a third party verifying the bona fides and a written statement explaing how and when we met before getting married. So I sent that 2 days later. Hadn't heard anything at all so on Feb 12 my wofe called the embassy looking for some info and they said they were waiting on stuff(she didnt know what stuff) from the States. They said they sent the request on Feb 4 and it could take up to 3 weeks. She will call tomorrow to see if there is any progress. We are hoping that we are already approved and are just waiting for the NOA in the notoriously slow post.

    We have our fingers crossed. It has been over 6 weeks since we sent it and that seems overly long to me. I must admit we are a bit worried.

  14. Hello All

    My wife who is from Belarus but in Italy while we wait for the I-130 to process has a family emergency and needs to go back to Belarus ASAP. We sent more information that was requested by the Embassy 2 weeks ago and havent heard anything back yet. We know that we are supposed to get a letter in the mail from Rome when it is approved and the info sent to Naples, but do we also get an e-mail when that gets sent as well?

    Will Naples sent us the packet by e-mail or by post? If it is by e-mail we figure she can be in Belarus without an issue but if it by post then we will need somebody to collect the mail and send it to her since I am already back in the States.

    Anybody know how this works? She really needs to leave soon but we dont want to slow the process down.

  15. Hi all

    I am doing the DCF out of Rome. I sent in everything they asked me to send when I contacted them in late December. I just got this e-mail from them.

    "Please be informed that after a review of the I-130 Petition that you filed on behalf of your spouse, the Immigration Officer requested a written statement explaining how and when you met your spouse. In addition further evidence of your marital relationship be submitted to this office. That evidence can be documentation showing joint ownership of property, lease showing joint tenancy of a common residence, documentation showing commingling of financial resources, affidavits of third parties having knowledge of the bona fides of the marital relationship. "

    My wife is still waiting for her Italian papers, so we weren't able to open a bank account together and we own no property and lived in my mothers apartment so had no lease agreement in our names. I have 3 affadavits of third parties to send them and will write a letter explaining how we met. I also plan on sending them pictures even thought they werent requested.

    My question is this, is this something I should worry about? Is this common?

    Also, will this application go to the bottom of the pile once they recieve these things or do they process it immediately after they get it?

    I should also add that she is a Moldovan citizen that had been living in Belarus for the last 10 years before we married and settled together in Italy. She is 24 and I am 38. So I wonder if this might have raised some flag for them or something. I guess I am really just looking for somebody to tell me that it is normal and everything will be fine! After all, our marriage is legit and we have nothing to hide.

  16. Hi all

    I am doing the DCF out of Rome. I sent in everything they asked me to send when I contacted them in late December. I just got this e-mail from them.

    "Please be informed that after a review of the I-130 Petition that you filed on behalf of your spouse, the Immigration Officer requested a written statement explaining how and when you met your spouse. In addition further evidence of your marital relationship be submitted to this office. That evidence can be documentation showing joint ownership of property, lease showing joint tenancy of a common residence, documentation showing commingling of financial resources, affidavits of third parties having knowledge of the bona fides of the marital relationship. "

    My wife is still waiting for her Italian papers, so we weren't able to open a bank account together and we own no property and lived in my mothers apartment so had no lease agreement in our names. I have 3 affadavits of third parties to send them and will write a letter explaining how we met. I also plan on sending them pictures even thought they werent requested.

    My question is this, is this something I should worry about? Is this common?

    Also, will this application go to the bottom of the pile once they recieve these things or do they process it immediately after they get it?

  17. Yep, the petitioner can leave as soon as the I-130 is filed.

    I , the petitioner, plan on doing the same thing. I will be going back to Boston seeing as how we have already sent the I-130. My wife will wait for the packet from Rome and then send the DS-230 to Naples. But I have looked at the form for the DS-230 and don't see where we are supposed to sign together. In fact I dont see anything related to anything for the petitioner. I only see information needed for the beneficiary.

    Also, can the DS-230 be filled out before the packet comes back from Rome? Can it be done ahead of time and then sent to Naples once the packet arrives from Rome?

    And doesnt it need to be done online so that it will have the barcode printed on it?

  18. Thanks Rob

    I am an Italian citizen and have rsidence here in Italy so I am all set with that is no problem. We have been married 3 months so she still is waiting for her permesso but she has the receipt and has done her biometrics for it. In fact she should have it before the interview. Anyway from what I understood, she didnt need her permesso, she just needs to show that she lives here. She has an Italian ID showing her address, same as mine. She just can't use her ID to travel with as I would be able to do.

    Anyway, The main thing was the divorce papers. Which I got yesterday from my ex.

    So we will file before the end of the month and I will come to Boston for a few weeks to start my job and to open a bank account and things like that. But what about the [ayment for the I-130? Does anybody know?

    Dos anybody know anything about how Naples does the appointments for the interview? How many times a month? And about how long from when you fax the 230 do they usually have the appointment? One last question, when you make the appointment do you have options of when you would like the interview or do they simply tell you what is available and they give you the option of which date you would like?

  19. I will be doing a DCF in Casablanca next month. I am so nervous.

    I have been living in Morocco since August 2008 ( Married since 2006) but the US Consulate requires a Moroccan identity card as the sole proof of the 6 month residency requirement and I did not get it until last week. Ugh!

    Anyway, I am very nervous and hope all goes well. Morocco is a high fraud country so I dont know what to expect.

    Does anyone know how many DCF are denied?

    We are trying to get our stuff together to apply in Rome before January but it is possible that we won't submit until January.

  20. Your Romanian divorce papers will do it. Also, remember that to file DCF both you and your current wife must be in possess of a permesso di soggiorno.

    good luck!

    Thanks Rob

    I am an Italian citizen and have rsidence here in Italy so I am all set with that is no problem. We have been married 3 months so she still is waiting for her permesso but she has the receipt and has done her biometrics for it. In fact she should have it before the interview. Anyway from what I understood, she didnt need her permesso, she just needs to show that she lives here. She has an Italian ID showing her address, same as mine. She just can't use her ID to travel with as I would be able to do.

    Anyway, The main thing was the divorce papers. Which I got yesterday from my ex.

    So we will file before the end of the month and I will come to Boston for a few weeks to start my job and to open a bank account and things like that. But what about the [ayment for the I-130? Does anybody know?

  21. You will need the divorce decree to show you are legally married to your new wife, it's not just about the old wife not getting a visa; most embassies also want the marriage cert from the first marriage. If you don;t send it in with your I-130, it will be rejected or you will get an RFE for it, they won't schedule an interview before thye have all the paperwork necessary. Contact the court where you were divorced, they should be able to give you a copy.

    The I-864: It needs to be your original signature, no faxed copies. BTW are you - the USC- are in the USA now, no longer legally resident in Italy? If so, you cannot do DCF and need to file via the Chicago lockbox in the standard way. If you are just on a quick trip to the USA though, don't worry- the I-864 isn't needed till the interview.

    You have enough proof of legal marriage, the marriage cert alone should be fine. You may need more proof of bonafide marriage though, such as photos of the wedding and with eachother's families, letters addressed to both of you etc.

    Thanks for the information.

    Well, the divorce papers were from Romania. Since the marriage was never registered in the US courts or city hall or anything I couldnt get a divorce in the US. So I will get a copy of the divorce papers from Romania.

    I am currently in Italy with my wife. I am planning on going back to the US in January and coming back here before the interview so we can go back to Boston together. I am an Italian citizen, as well as American, with residence here in Italy.

    Ok 2 quick questions. For my wife's police report, does she have to get it herself in her country or can she have somebody send it to her? And paying for the I-130, do I need to get a money order in US dollars or is it possible to pay for it by credit card?

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