Question:
My wife is from Colombia (which
is where we married), however she
lives in Italy (for the past 3 years
or so). We have filed our I-130
in March and of course are playing
the waiting game. Here are my questions:
1. Can she
visit me here in the US for a couple
of weeks while we wait? Is that
allowed? If so, what do we have
to do exactly to make it possible?
And if she can, how long does it
take to get the visitors Visa ?
(and what is the cost?)
2. Once our
I-130 is approved and she is finally
here for good, can she travel back
and forth to Italy for business
purposes and to Colombia to visit
her family? If so what do we need
to do to make that possible?
3. Even though
we have already filed the I-130
can I just go there to Italy and
the 2 of us go directly to the embassy
and file again in person to speed
things up? Is this possible? If
so, What do we need to take there
with us?
Answer:
Generally, they will not approve
a visitor's visa if you have applied
for an I-130, as that visa shows
intent to immigrate, and they will
nix it for that reason. Upon arrival,
she should get the I-551 stamp in
her passport which is a temporary
green card, and will allow her to
travel freely without advance parole
and will also confer work authorization.
That is an interesting thought.
IF you have not yet received a notice
of action from the TSC, the first
thing you should do is contact the
Italian consulate and see whether
they even offer this option. As
several other European countries
do this, there is a likelihood,
but no guarantees, that they would
do this. There may, however, be
attached stipulations, such as residency
of the US citizen for a period of
time...Germany has such a requirement,
yet several countries do NOT have
this requirement, so what you need
to find out is if they will do this
for NON-resident US citizens, and
what they would require otherwise.
You will need certified copy of
the marriage certificate, certified/translated
copies of the birth/divorce certificates,
(and for the I-864...) employment
and bank letters, last 3 years of
tax returns including W-2s, and
you should ask them regarding what
other documents they may require.
IF they will do this, and you have
not heard from the TSC, then I would
send a letter requesting cancellation
of the petition, and proceed with
the Italian consulate for direct
consular filing. BE SURE that YOU
PERSONALLY confirm what the Italian
consulate requires and that they
WILL DO THIS for you, and that they
UNDERSTAND that she is not a resident
of Italy but a Columbian national,
as this may impact their decision
on whether or not to do this.
