Still hoping for clarity DCF vs. IR-1/CR-1 Costa Rica

[vermontcostarica 0]

OK - maybe some of you saw my recent posts maybe not. Could really use advice.

Situation

I'm a US Citizen. I live in Costa Rica as tourist so that we, the married couple, can be together during this process. I will start my permanent residency process there in January. As I understand it via the US Embassy in CR as soon as I start that process in 6 months I can file DCF.

Since we already have our marriage certificate- I am eager to file an I-130 for my wife and get the CR-1/IR-1 process going if it makes sense. My concerns are these. If I do go forward to get my permanent status in Costa Rica while I've started the I-130 process for the IR-1/CR-1 is that going to prove really difficult when/if they ask me to prove domicile in the US? I have bank accounts there, my father owns property and could make us a lease no problem and offer me a job as well. I don't think it would be hard to get a job offer by other means as well. Will this be sufficient?? I don't really understand what Domicile means practically. Will they make it hard if they see that I've been living and working in Costa Rica. What else do I need to prove that we intend to move there? Will there be any difference for this if we wait and file DCF?

I think we will also need a joint sponsor (which we have) because I'm not exactly making huge money right now since I've been down there. I come back to the US to make a few thousand bucks and then go back to CR to live on it. I don't think I can prove above the official "poverty line". Does this factor as a consideration?

So...DCF or CR-1/IR-1?

Thanks. Good luck to you all and 'preciatecha!

[trailmix 77]

Hi,

I can't answer your question very specifically because all consulates are different when viewing the subject of domicile. I can however explain to you what it is. (Oh and applying by mailing your application to the U.S. or through DCF, doesn't matter, you still have to provide the same proof).

For U.S. immigration purposes there are 2 types of domicile and then there is intent to reestablish domicile.

1. Actual domicile - you actually live in the U.S.

2. Temporary absence. While you live in another country, you are only there temporarily - think 'visiting' - things like applying for PR status in that country would make it almost impossible for you to prove this.

2. Reestablishing domicile. This is where you must prove that you 'intend to reestablish domicile in the U.S. no later than the intending immigrant'. So basically they are saying that, we know you don't live there - however prove to us that you are planning to move back before or with the immigrant.

9 FAM 40.41 N6.1-2 Establishing U.S. Domicile

(CT:VISA-823; 07-14-2006)

a. A petitioner living abroad not meeting the criteria in 9 FAM 40.41 N6.1-1

who wishes to qualify as a sponsor must satisfy you:

(1) That he or she has taken steps to establish a domicile in the United States;

(2) That he or she has either already taken up physical residence in the United States or will do so currently with the applicant;

(3) The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must at least arrive in the United States concurrently with the applicant;

(4) The sponsor must establish an address (a house, an apartment, or arrangements for accommodations with family or friend) and either must have already taken up physical residence in the United States;

or

(5) Must at a minimum to satisfy you that he or she intends to take up residence there no later than the time of the applicant’s immigration to the United States.

b. Although there is no time frame for the resident to establish residence, you must be satisfied that the sponsor has, in fact, taken up residence in the United States. Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant include the following:

(1) Opening a bank account;

(2) Transferring funds to the United States;

(3) Making investments in the United States;

(4) Seeking employment in the United States;

(5) Registering children in U.S. schools;

(6) Applying for a social security number; and

(7) Voting in local, state or federal elections.

c. If a petitioner cannot satisfy the domicile requirement, joint sponsor cannot be accepted and the applicant must be refused pursuant to INA

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

9 FAM 40.41 Notes Page 27 of 35

Edited December 11, 2009 by trailmix