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Miami_Mike
Hey everybody, this is my first post. I just got back from a trip to Costa Rica where I proposed to my girlfriend. We've been in a serious relationship for the past 1 1/2 years and now we're engaged. We're crazy in love and we'll do whatever it takes to be together, sooner rather than later.

I met her through my father who lives in Costa Rica and since then, I am able to see her for 7 - 10 days every 3 months because of work. Here is my dream situation: I want to live with her for some time so we can REALLY learn all about each other before we take the next step and get married. She has never been to the USA so I am unsure about the fiance visa since it requires you to get married within 90 days. I do not want to rush marriage and that would be unfair to ask of her. I am getting a little frustrated because, from what I have found so far, it seems that is the only way you can live with someone. Is there any other way we can be live together without having to get married right away? Any and all help will be greatly appreciated.

P.S. We have flirted with some ideas of getting married in either the USA or Costa Rica. She has a much larger family than I do and we would save alot if the ceremony was there. My other question is, would she be processed into the US faster if we got married there and I did the I-130 petition or if we got married here and we did the fiance visa. She wants to work and continue her schooling, so keeping her busy upon arrival (or as close to) into the States is a priority.
raymaga
Unfortunately, if you go the K-1 Visa (Fiance Visa) route, you must marry within 90 days of your fiance entering the U.S.

If you marry outside or inside the U.S. without a Visa, you will have to go the K-3 Visa (Spousal Visa) route, but your wife would not be able to remain in the U.S. with you.

The only other option would be for your fiance to come on a visitor's visa and stay with you until that expires, or you could go to Costa Rica for as long as a US citizen is allowed to stay.

Good luck in whatever you decide to do.

Boiler
A Visitors Visa for her to come to the US would be a long shot.

Best bet would be for you to go to Costa Rica.
Miami_Mike
QUOTE(Boiler @ Jul 10 2006, 11:31 PM) *

A Visitors Visa for her to come to the US would be a long shot.

Best bet would be for you to go to Costa Rica.


Could you elaborate on "a long shot?" By visitor visa, do you mean tourist visa?

She tried getting a tourist visa in May, but she was rejected. She said they rejected her because she doesn't make enough money to be dismissed as a flight risk. My father wrote the embassy a formal invite and we had assistance from a lawyer in Liberia, CR. Now she has to wait 5 more months until she can re-apply for the tourist visa. My concern is that her financial situation will be the same as it was when she first applied. Would it help if I flew down there and went to the embassy with her? I think it may be better if my father went with her so the interviewer doesn't feel like she would stay with me or we'd get married while she was on her tourist visa (I understand that is a big no-no).

As far as the "long shot," does that mean the likelihood of her getting approved is really low? What percentage would you give it considering this is the second time she would apply? As always, any and all all comments are welcomed. I love this girl sooooo much.

Mike
Boiler
QUOTE(Miami_Mike @ Jul 11 2006, 08:02 AM) *

QUOTE(Boiler @ Jul 10 2006, 11:31 PM) *

A Visitors Visa for her to come to the US would be a long shot.

Best bet would be for you to go to Costa Rica.


Could you elaborate on "a long shot?" By visitor visa, do you mean tourist visa?

She tried getting a tourist visa in May, but she was rejected. She said they rejected her because she doesn't make enough money to be dismissed as a flight risk. My father wrote the embassy a formal invite and we had assistance from a lawyer in Liberia, CR. Now she has to wait 5 more months until she can re-apply for the tourist visa. My concern is that her financial situation will be the same as it was when she first applied. Would it help if I flew down there and went to the embassy with her? I think it may be better if my father went with her so the interviewer doesn't feel like she would stay with me or we'd get married while she was on her tourist visa (I understand that is a big no-no).

As far as the "long shot," does that mean the likelihood of her getting approved is really low? What percentage would you give it considering this is the second time she would apply? As always, any and all all comments are welcomed. I love this girl sooooo much.

Mike


All the things you mentioned about trying to improve her chances would be looked upon as a negative by the Consulate.

I believe it would be very difficult for the majority of Costa Ricans to get a B2.

But if you can clearly substantiate a good reason for a B, plus loads of evidence to substantiate non immigrant intent then maybe. Well you are only risking the application fee.

Job requiring her return

Family ties requiring her return.

Property, strong financial position, investments, bank account etc etc.

Obviously you can only use what applies to her. What can you use to substantiate that she can afford her visit and MUST return afterwards.


Miami_Mike
Ouch. She has had a job as a hostess in a 5-star resort for the past 4 years so her job is stable, but she's not raking in money. Her banking is steady and stable. She also bought a house for her family, but I don't think it's in her name. She has plenty of family there though. What would you say a "good reason" to visit here would be? Looking for schools?
Boiler
QUOTE(Miami_Mike @ Jul 11 2006, 06:09 PM) *

Ouch. She has had a job as a hostess in a 5-star resort for the past 4 years so her job is stable, but she's not raking in money. Her banking is steady and stable. She also bought a house for her family, but I don't think it's in her name. She has plenty of family there though. What would you say a "good reason" to visit here would be? Looking for schools?


Might be a hard sell, they know about a USC fiancee from the first application.

Presumably her income does not substantiate the 2 weeks at Disney World.

I really do not know, and presumably the lawyer with much better information did not either. All I can say is put yourself in the Consulate shoes. With the knowledge of CR suffering a bad reputation for visa misuse.

I can back to my first comment that you would be best off moving there.


Miami_Mike
Actually, they do not know about me. When she applied, she said she was going to stay with my father in Miami. His name is also on my lease and he wrote the invite for her. There was no mention of me at all and, at the time, we were not engaged.
Boiler
QUOTE(Miami_Mike @ Jul 12 2006, 07:41 AM) *

Actually, they do not know about me. When she applied, she said she was going to stay with my father in Miami. His name is also on my lease and he wrote the invite for her. There was no mention of me at all and, at the time, we were not engaged.


Then they know about your father, same difference.
meauxna
Did you see my reply in your other thread? There are other options that you're not considering...
Boiler
QUOTE(meauxna @ Jul 12 2006, 11:54 AM) *

Did you see my reply in your other thread? There are other options that you're not considering...


I had not, but I have now.

Student

As you said that requires non immigrant intent, and money. OP said she had been working for 4 years and did not earn much, and it did not sound that her family were wealthy. And she has a failed B application on record.

Other Work Visa.

Well if the hotel is part of a US chain, maybe? But on the face of it her work did not strike me as having good options there.

And they have involved a lawyer, who presumably has fuller details than we have.

meauxna
QUOTE(Boiler @ Jul 12 2006, 11:28 AM) *

QUOTE(meauxna @ Jul 12 2006, 11:54 AM) *

Did you see my reply in your other thread? There are other options that you're not considering...


I had not, but I have now.


Sorry, D, my comment was at the OP.
I hate cross posts. smile.gif
Miami_Mike
I saw the points about the student and work visas. I doubt either of those would be approved and, like you said, the whole "intent" issue is there. Getting married there is definately in the running. It's either that or the K-1 visa. I just want her to visit before committing her life to a place she has never been before.
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