Beginning I-130 Journey

[SuperKarateMonkey 0]

Hello,

 

New to the forums and I've done a little research on I-130 / 864 / IR-1 and seems like these are tied together for a process in immigration in my category.

 

I am a U.S. citizen, born and raised, and moved to Costa Rica in December, 2014 and got married with my wife on the 20th of December, we had known each other for a year or so online prior to making the commitment to move at that time. I have been living here abroad in Costa Rica and have a temporary residency pending a permanent, only thing waiting at this point is time since it should automatically transition over so staying here has been no issue. I have marriage certification and documentation and countless amounts of proof of relationship.

 

I don't have a place of residency in the states, and I don't have tax return information (never filed), I work remotely as a web developer for a foreign company.. I have already begun the process of filing for taxes for previous 2 years, but for the place of domicile, this will be a process but do plan on getting a place in Florida and establish a permanent residency to be able to sponsor my wife. Does the I-864 come into play only after being approved for the I-130?

 

Where would the IR-1 come into play for all of this or is this a separate thing entirely?

 

I'd like for my wife to be able to visit, so I imagine this would be with a Tourist Visa without intention of staying (return flight and a limited timeframe in the US) correct? Are there ways to possibly have her stay in the U.S. during some of the process or will she only be able to utilize a Toursit Visa and visit occasionally providing proof of no intention to stay with return flight, money to support while she's here, etc. 

 

Thanks

[HRQX 4,145]

8 minutes ago, SuperKarateMonkey said:

Does the I-864 come into play only after being approved for the I-130?

Yes, during NVC step that happens after I-130 approval: https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/affidavit-of-support.html

9 minutes ago, SuperKarateMonkey said:

Where would the IR-1 come into play

During the NVC step your wife would submit online Form DS-260, Immigrant Visa and Alien Registration Application. When the visa is issued (after visa interview) it'll list the visa category under "IV Category"

14 minutes ago, SuperKarateMonkey said:

I'd like for my wife to be able to visit, so I imagine this would be with a Tourist Visa without intention of staying (return flight and a limited timeframe in the US) correct?

Yes, correct. Note that the San Jose Embassy is not currently scheduling routine Tourist visa appointments: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html

[SuperKarateMonkey 0]

Ok thank you very much,

 

Is there a process where my wife could stay with me in the states while the process is pending? Or is that not an option?

 

Thanks

[Allaboutwaiting 2,500]

28 minutes ago, SuperKarateMonkey said:

Ok thank you very much,

 

Is there a process where my wife could stay with me in the states while the process is pending? Or is that not an option?

 

Thanks

If she already has a tourist visa, absolutely, no issue. She can stay up to 6 months -it depends on what the CBP officer grants at entry-.

 

If she doesn't, she could apply for one now, before you file for the spousal visa.

Edited September 5, 2021 by Allaboutwaiting

[Strawberrymermaid 346]

1 hour ago, SuperKarateMonkey said:

Ok thank you very much,

 

Is there a process where my wife could stay with me in the states while the process is pending? Or is that not an option?

 

Thanks

Not really an option. She can visit with a valid tourist visa (no idea if Costa Rica is issuing these right now or what backlog looks like- many times it’s hard to get one after an immigrant petition is filed). There’s no option for her to stay for long periods/ while it’s processing. 

[SuperKarateMonkey 0]

I see, ok thanks

 

We got married in Costa Rica in 2014, how can this be recognized in the United States? Do we provide the certification translated and apostilled?

 

Thanks

[Troy B 223]

1 hour ago, SuperKarateMonkey said:

I see, ok thanks

 

We got married in Costa Rica in 2014, how can this be recognized in the United States? Do we provide the certification translated and apostilled?

 

Thanks

apostilled is not needed for this process.   The certification with a translation and a statement that the translator knows both languages.

 

It's not so much recognized in the United States, as being accepted by the USCIS.

[HRQX 4,145]

2 hours ago, SuperKarateMonkey said:

apostilled?

That is not needed.

2 hours ago, SuperKarateMonkey said:

certification translated

You can do it if you are fluent in both English and Spanish: https://web.archive.org/web/20190824025502/https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-2061/0-0-0-2253.html an example:

"I certify that I am competent to translate from [Foreign language] to English and that the above Marriage Certificate of [Persons' names] is a complete and accurate translation to the best of my knowledge and belief."

Sign and date below the statement. Also put name and address.

 

Also see: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/CostaRica.html "Marriage Certificates"

[powerpuff 6,080]

~Moved from IR1/CR1 Case Filing and Progress Reports to IR1/CR1 Process~