K1, K3, or Direct Consular Filing with Costa Rica

[vermontcostarica 0]

Hello all,

Of course this is an incredibly valuable resource I can imagine. Excuse me if you've already read this on the other forum.

I'm engaged to an amazing young lady from Costa Rica. We've been together 2 years. We met in the U.S. 2 years ago she was on a J-1 visa. She returned to Costa Rica. I've since been there 3 times, and she's been back to Vermont to visit me twice. She returned home 1 month ago after five months in the U.S. during which time we were engaged. She returned just prior to her 10 year tourist visa expiring- it is now expired.

We are tired of living long distance. We are absolutely in love and are ready to take this step. We are both completely comfortable in eachother's respective countries.

Does anyone have any practical advice on where we should marry? I've heard it can reduce wait time in her US immigration process to marry in Costa Rica which we are tentatively planning on doing next month. We are working with a lawyer there to establish my naturalization process there so I can live there legally. I have authenticated my birth certificate, criminal record and statement of being single and am on a plane for there in 2 weeks.

I'm wondering how soon after marriage I could start my naturalization process to Costa Rica so that I could go the Direct Consular Filing route. I've seen conflicting info on this forum dealing with whether you need to prove legal residency (i.e. naturalization) in Costa Rica for 6 months or if you need to prove that you have been in that process of getting naturalized for 6 months before you go DCF. And I imagine I would need the marriage license in hand to start that process and I'm trying to understand how long that might take to get. We have a notary who is a family friend who would potentially marry us and procure that license.

I guess another I could file for a K-1 finance visa - but this could take a lot of time too? Does anyone know how the processing time goes? Since I have no real commitments in the states right now - I'm ready to go there and get married if this seems like a good decision.

I realize there are some other people on this forum who have dealt with Costa Rica whom I'll try to be in touch with. In the meantime if anyone has 2 cents to offer on anything related to my queries- I would much appreciate hearing from you.

In the meantime I'll be researching more...

Thanks.

[payxibka 10,044]

for DCF it is typically a legal residency (not just tourist) for 6 mos. or more....

[vermontcostarica 0]

for DCF it is typically a legal residency (not just tourist) for 6 mos. or more....

Hi there,

The attempted DCF would be post marriage, post naturalization in Costa Rica. So I gotta think about how long that generally takes and then find the answer to my question about whether you actually have to legal there for six months or have been in the process of becoming so for 6 months.

Thanks!!!!

[payxibka 10,044]

for DCF it is typically a legal residency (not just tourist) for 6 mos. or more....

Hi there,

The attempted DCF would be post marriage, post naturalization in Costa Rica. So I gotta think about how long that generally takes and then find the answer to my question about whether you actually have to legal there for six months or have been in the process of becoming so for 6 months.

Thanks!!!!

legal residency can be in many forms dependant on the country.... this question would be best answered by the consulate....

[lainie 0]

DCF is usually possible after the US citizen has legally resided in their spouses country for at least 6 months before or after marriage shouldn't matter, as long as you can prove you've resided in that country for six months. Example would be you arrive in Costa Rica and live happily for three months, get married, then file for DCF three months later. I wouldn't think 'naturalization' would be necessary just a residency permit, but perhaps Costa Rica is different. I agree with Payxibka that calling the consulate/embassy in Costa Rica would be best. DCF is usually the fastest of the visa's and the 'cheapest'. hope this helps

[Eric-Pris 1,602]

Vermont,

I will email you tonight when I get home.

I can probably answer all (or at least most) of your questions. But... if you plan on living in the US, don't get married in Costa Rica. Get a K-1 and do it here, it's much faster.

[Marina-Del 10]

As stated, you should email/call the consulate in Costa Rica. I emailed the consulate here in Rio and they said that it didn't matter what type of visa I was on and that the 6 months would start when I entered the country. Meaning when I entered in January on a tourist visa! We will get married in about 2 months (we're getting all of our documents together now) and supposedly we can begin to file in July (although we plan on waiting a bit longer!).

All the consulates are different and often times they can tell you differing answers on different days! I'm keeping the email where they said my 6 months would start no matter what type of visa I was on when I entered the country and hopefully if they "change their minds" when we go to file, I can use that to my advantage!

Not that it relates to my case at all since I'm in Brazil and you are in Costa Rica, but I'm interested to know what Eric is going to tell you in the email tonight. I haven't heard many arguments for K-1 being a lot faster than DCF...so I'm curious now! You or Eric should enlighten the rest of us on why this is so in Costa Rica....

[vermontcostarica 0]

As stated, you should email/call the consulate in Costa Rica. I emailed the consulate here in Rio and they said that it didn't matter what type of visa I was on and that the 6 months would start when I entered the country. Meaning when I entered in January on a tourist visa! We will get married in about 2 months (we're getting all of our documents together now) and supposedly we can begin to file in July (although we plan on waiting a bit longer!).

All the consulates are different and often times they can tell you differing answers on different days! I'm keeping the email where they said my 6 months would start no matter what type of visa I was on when I entered the country and hopefully if they "change their minds" when we go to file, I can use that to my advantage!

Not that it relates to my case at all since I'm in Brazil and you are in Costa Rica, but I'm interested to know what Eric is going to tell you in the email tonight. I haven't heard many arguments for K-1 being a lot faster than DCF...so I'm curious now! You or Eric should enlighten the rest of us on why this is so in Costa Rica....

Thanks Marina Del........

I'll be sure to keep you informed. That certainly would be helpful if I could apply on a tourist visa....otherwise hopefully a temporary work visa or something like that would work.

[vermontcostarica 0]

As stated, you should email/call the consulate in Costa Rica. I emailed the consulate here in Rio and they said that it didn't matter what type of visa I was on and that the 6 months would start when I entered the country. Meaning when I entered in January on a tourist visa! We will get married in about 2 months (we're getting all of our documents together now) and supposedly we can begin to file in July (although we plan on waiting a bit longer!).

All the consulates are different and often times they can tell you differing answers on different days! I'm keeping the email where they said my 6 months would start no matter what type of visa I was on when I entered the country and hopefully if they "change their minds" when we go to file, I can use that to my advantage!

Not that it relates to my case at all since I'm in Brazil and you are in Costa Rica, but I'm interested to know what Eric is going to tell you in the email tonight. I haven't heard many arguments for K-1 being a lot faster than DCF...so I'm curious now! You or Eric should enlighten the rest of us on why this is so in Costa Rica....

Thanks Marina Del........

I'll be sure to keep you informed. That certainly would be helpful if I could apply on a tourist visa....otherwise hopefully a temporary work visa or something like that would work.

Hey there- Eric recommended IR-1 CR-1 for us because of ease of gaining greencard/immediate residency and right to work immediately upon entrance to US in the future. He said in CR it takes a long time to get the residency and costs a lot (I'm inferring that this must be their protocol - a more permanent residency situation). So I guess I have a better idea of some of my options for now! Thanks and good luck!

[Marina-Del 10]

As stated, you should email/call the consulate in Costa Rica. I emailed the consulate here in Rio and they said that it didn't matter what type of visa I was on and that the 6 months would start when I entered the country. Meaning when I entered in January on a tourist visa! We will get married in about 2 months (we're getting all of our documents together now) and supposedly we can begin to file in July (although we plan on waiting a bit longer!).

All the consulates are different and often times they can tell you differing answers on different days! I'm keeping the email where they said my 6 months would start no matter what type of visa I was on when I entered the country and hopefully if they "change their minds" when we go to file, I can use that to my advantage!

Not that it relates to my case at all since I'm in Brazil and you are in Costa Rica, but I'm interested to know what Eric is going to tell you in the email tonight. I haven't heard many arguments for K-1 being a lot faster than DCF...so I'm curious now! You or Eric should enlighten the rest of us on why this is so in Costa Rica....

Thanks Marina Del........

I'll be sure to keep you informed. That certainly would be helpful if I could apply on a tourist visa....otherwise hopefully a temporary work visa or something like that would work.

Hey there- Eric recommended IR-1 CR-1 for us because of ease of gaining greencard/immediate residency and right to work immediately upon entrance to US in the future. He said in CR it takes a long time to get the residency and costs a lot (I'm inferring that this must be their protocol - a more permanent residency situation). So I guess I have a better idea of some of my options for now! Thanks and good luck!

Maybe I'm mistaken, but I thought that filing DCF was a form of the CR-1 visa? How does one go about filing for a IR-1, CR-1 visa if they are not married? The only reason I ask this is because in his post he said that you should NOT get married in Costa Rica and file K-1 because that is a lot faster..... it seems like he said two different things there. Am I not understanding something?

[LondonLad 0]

I think you are confusing K3 with Cr1/IR1

As stated, you should email/call the consulate in Costa Rica. I emailed the consulate here in Rio and they said that it didn't matter what type of visa I was on and that the 6 months would start when I entered the country. Meaning when I entered in January on a tourist visa! We will get married in about 2 months (we're getting all of our documents together now) and supposedly we can begin to file in July (although we plan on waiting a bit longer!).

All the consulates are different and often times they can tell you differing answers on different days! I'm keeping the email where they said my 6 months would start no matter what type of visa I was on when I entered the country and hopefully if they "change their minds" when we go to file, I can use that to my advantage!

Not that it relates to my case at all since I'm in Brazil and you are in Costa Rica, but I'm interested to know what Eric is going to tell you in the email tonight. I haven't heard many arguments for K-1 being a lot faster than DCF...so I'm curious now! You or Eric should enlighten the rest of us on why this is so in Costa Rica....

Thanks Marina Del........

I'll be sure to keep you informed. That certainly would be helpful if I could apply on a tourist visa....otherwise hopefully a temporary work visa or something like that would work.

Hey there- Eric recommended IR-1 CR-1 for us because of ease of gaining greencard/immediate residency and right to work immediately upon entrance to US in the future. He said in CR it takes a long time to get the residency and costs a lot (I'm inferring that this must be their protocol - a more permanent residency situation). So I guess I have a better idea of some of my options for now! Thanks and good luck!

[Campanita 0]

It is not faster to apply for a K1 Visa if you qualify to file for DCF straight from the US embassy in CR. My husband and I were married in CR , paid an attorney extra to expediate the marriage license, applied for his Visa, and he arrived here in the US less than 4 months from the date we were married. It was a piece of cake! Now, that being said that was 3 years ago and there was not the rule of having to be a permanent resident for 6 months beforehand. But, I would call the embassy directly and ask them if they really abide by that rule. When we married 3 years ago the website said we could not even do DCF and we obviously did!