Urgent: Fiance's Costa Rican Tourist Visa Expired, K-1 Visa Pending

[Oklahoma1234 7]

I am in need of advised from anyone who has gone through a similar situation.

 

My fiance is Nicaraguan and we submitted the I-129F petition in March 2018. The US Embassy in Nicaragua stopped accepting non-immigrant (K-1) visas sometime between May-June due to civil unrest. At the end of June, he LEGALLY entered Costa Rica on a 90-day tourist visa.

 

On Sept 8th, he filed for a work permit in Costa Rica that is still pending today. We've confirmed with 2 Costa Rican lawyers that he can LEGALLY stay in Costa Rica until his work permit has been processed even though his tourist visa expired at the end of September. We received the NOA2 on Sept 20th and the I-129F petition is pending with NVC. We've confirmed the petition will be sent to the US Embassy Costa Rica for the K-1 visa interview once ready.

 

I've consulted 2 US lawyers today and don't feel 100% confident in an answer. Has anyone's fiance entered another country legally on a visa that later expired? He needs to stay in Costa Rica until his interview. We are concerned the officer that conducts the interview will only see the expired tourist visa and not understand his status in Costa Rica is legal due to the pending work permit. Can anyone been through a similar situation or know where I can find more information regarding legal status of country where interview is conducted? One lawyer told us they US Embassy in Costa Rica might only see that his tourist visa expired and nothing else. A paralegal with a different company said the US will only care that he entered Costa Rica legally.

 

If he goes back to Nicaragua we are worried that the Costa Rican consulate will not issue another visa (we're trying to confirm this). If they do not issued another tourist visa he cannot legally enter Costa Rica again even though his work permit is pending. US Embassy in Nicaragua started accepting non-immigrant visas again last month, but everything is backlogged and I already had the interview country changed from Nicaragua to Costa Rica.

 

Any information would be extremely helpful!!

 

 

 

 

[Loren Y 2,732]

You can interview in any country as long as you have Legal status to be there. I am not sure, but if his tourist visa expired, he is technically out of status. I am not sure in other countries if it works like here in the United States where say for example you file for AOS and you get a temporary " legal" status while the AOS is pending. I hope someone else has some more information on this.

[TM92 527]

38 minutes ago, Bradyn & Javier said:

I've consulted 2 US lawyers today and don't feel 100% confident in an answer. Has anyone's fiance entered another country legally on a visa that later expired? He needs to stay in Costa Rica until his interview. We are concerned the officer that conducts the interview will only see the expired tourist visa and not understand his status in Costa Rica is legal due to the pending work permit. Can anyone been through a similar situation or know where I can find more information regarding legal status of country where interview is conducted? One lawyer told us they US Embassy in Costa Rica might only see that his tourist visa expired and nothing else. A paralegal with a different company said the US will only care that he entered Costa Rica legally.

Best info can be provided by San Jose embassy (if possible). Their email is support-costarica@ustraveldocs.com. Or call: 4000-1976 in Costa Rica; (703) 745-5475 in the U.S.

[Oklahoma1234 7]

@TM92 Thanks for the info. I called that same number today and the response was something like " the officer that reviews your visa petition can only provide this information". Very unhelpful. I will send an email tonight and try to call tomorrow.

[Oklahoma1234 7]

Thanks everyone for your help. Below is the response from the Costa Rica Embassy: 

 

We understand that you want to have more information about your current K-1 Visa Application Process and if the situation with your Costa Rican Tourist Visa will affect this process. 
In response to your question, we would like to inform you that, Visa approval or denial is the sole discretion of the Embassy/Consulate and since your case is still at the NVC the embassy is not able to provide you further assistance until the Case got transferred by this department. 

 

I spoke to a couple of lawyers in the US and they do not think this will be a problem. Consular officers are to follow US laws and his status with Costa Rica is legal. We also have the law to reference and confirmation from a lawyer in Costa Rica.

Edited October 10, 2018 by Bradyn & Javier

[Ontarkie 13,915]

~~Moved to the Regional forum, from K1 P&P - as the OP is asking about processes in Costa Rica~~