After reading the guides, I still have questions about which avenue to pursue (I-130, K-1, K-3)

[foulte 0]

I have read through the guides and comparisons and I'm not sure which avenue my boyfriend, soon to be husband

should pursue.

This may be too much information but I'll give a brief description of our situation and hopefully get some constructive feedback

We met two and a half years ago and have been dating for just over 18 months. He is a Costa Rican citizen.

In Nov. 2006 he applied for a tourist visa and was given a B1 visa good for 10 years. I visited him in CR four times

and he visited me here in Michigan for 10 days in February of this year. He visited again at the end of the summer

and can stay here until the beginning of February. He had intended to leave after five weeks but once we were

able to spend that large chunk of time together I realized he was the "one". I had never thought I would get married

and he knew that from the beginning of the relationship. My feelings have changed and now I want to get married.

From looking at the guides, whatever we choose, he needs to return home at some point (although the direct consulate filing

looks like he might be able to stay here, although I couldn't find where the closest consulate was to my home).

I live in a college town and the county courthouse said you do not need a social security number to get married although it appears

required on the form so we could get married and apply for a K-3 visa. He did not bring anything except his passport with him

so if he needs a birth certificate or proof that he is no longer married he would have to get that from here or return to Costa Rica.

After we are married, I thought that he could apply for an extension of some kind while we apply for a K-3 or the I-130 but after reading the guides, I am not sure.

If we don't get married and apply for a K-1 first, does he need to leave the country before I apply for the visa or can he still stay for most of the 6 months allowed under the tourist visa and then return home to wait?

I plan to contact an immigration attorney next week to see what they suggest but would like to hear from those of you on the forum who have personal experience.

Thanks!

Gretchen

[Abu&Asha 0]

wow i actually almost went through the same thing.. i would say call an attoreny first. becuase i think is easier to do most of the information while he is here. is better then him going back. i live in lansing michigan and i was in a similar case. except my wife is canadian. we didn't know you could do all the stuff while she is there but instead she went back home i applied for a k 1 visa and i am still waiting for interview and all the other stuff too. but i think is only gonna take him 6 months if he files averything while his here and not live the country. but i don know about his country rules but thats what they told me about my wife they said we could of got her averything while she was already here but now is diffrent. hope this helps.

[YGandMAT 0]

I have read through the guides and comparisons and I'm not sure which avenue my boyfriend, soon to be husband

should pursue.

This may be too much information but I'll give a brief description of our situation and hopefully get some constructive feedback

We met two and a half years ago and have been dating for just over 18 months. He is a Costa Rican citizen.

In Nov. 2006 he applied for a tourist visa and was given a B1 visa good for 10 years. I visited him in CR four times

and he visited me here in Michigan for 10 days in February of this year. He visited again at the end of the summer

and can stay here until the beginning of February. He had intended to leave after five weeks but once we were

able to spend that large chunk of time together I realized he was the "one". I had never thought I would get married

and he knew that from the beginning of the relationship. My feelings have changed and now I want to get married.

From looking at the guides, whatever we choose, he needs to return home at some point (although the direct consulate filing

looks like he might be able to stay here, although I couldn't find where the closest consulate was to my home).

I live in a college town and the county courthouse said you do not need a social security number to get married although it appears

required on the form so we could get married and apply for a K-3 visa. He did not bring anything except his passport with him

so if he needs a birth certificate or proof that he is no longer married he would have to get that from here or return to Costa Rica.

After we are married, I thought that he could apply for an extension of some kind while we apply for a K-3 or the I-130 but after reading the guides, I am not sure.

If we don't get married and apply for a K-1 first, does he need to leave the country before I apply for the visa or can he still stay for most of the 6 months allowed under the tourist visa and then return home to wait?

I plan to contact an immigration attorney next week to see what they suggest but would like to hear from those of you on the forum who have personal experience.

Thanks!

Gretchen

Direct Consular Filing means you BOTH have to live in Costa Rica. You can't do Direct Consular filing in the United States. I guess it depends what you both want, either way he needs to go back to Costa Rica. He is here on a Tourist visa, so I don't thing the right thing is to get married in the US with a Tourist visa (someone correct me if I am wrong).

I think you can file a K-1 visa while he is still in the U.S. and hang around with you, as long as he doesn't over stay on his tourist visa...and then he can go home and wait for the rest of the processing time and for his interview. (This is only my opininon, and this is what I believe is correct, once again, someone correct me if Im wrong).

[Dakine 26]

If he came to the US NOT having the intention of marrying then you can marry and file to adjust status.

Some places don't require a SSN.

Also he can stay and not have to go home.

Best to get a immigration lawyer to assist.

Edited November 25, 2007 by Haole

[pushbrk 12,295]

I have read through the guides and comparisons and I'm not sure which avenue my boyfriend, soon to be husband

should pursue.

This may be too much information but I'll give a brief description of our situation and hopefully get some constructive feedback

We met two and a half years ago and have been dating for just over 18 months. He is a Costa Rican citizen.

In Nov. 2006 he applied for a tourist visa and was given a B1 visa good for 10 years. I visited him in CR four times

and he visited me here in Michigan for 10 days in February of this year. He visited again at the end of the summer

and can stay here until the beginning of February. He had intended to leave after five weeks but once we were

able to spend that large chunk of time together I realized he was the "one". I had never thought I would get married

and he knew that from the beginning of the relationship. My feelings have changed and now I want to get married.

From looking at the guides, whatever we choose, he needs to return home at some point (although the direct consulate filing

looks like he might be able to stay here, although I couldn't find where the closest consulate was to my home).

I live in a college town and the county courthouse said you do not need a social security number to get married although it appears

required on the form so we could get married and apply for a K-3 visa. He did not bring anything except his passport with him

so if he needs a birth certificate or proof that he is no longer married he would have to get that from here or return to Costa Rica.

After we are married, I thought that he could apply for an extension of some kind while we apply for a K-3 or the I-130 but after reading the guides, I am not sure.

If we don't get married and apply for a K-1 first, does he need to leave the country before I apply for the visa or can he still stay for most of the 6 months allowed under the tourist visa and then return home to wait?

I plan to contact an immigration attorney next week to see what they suggest but would like to hear from those of you on the forum who have personal experience.

Thanks!

Gretchen

The option that keeps you together is to simply get married and file to adjust his status to permanent resident. Your story indicates you qualify but I'd have at least a consultation with an immigration attorney before you go down that route. That you "can" may not mean it's best for you though. He won't be able to work until the green card is in hand.

Direct Consular filing is not an option for you.

You can file the K1 whenever you're ready. He only has to go back for the interview but must not overstay his granted time in the US.

If you marry here and he goes home, I'd skip the K3 and stick with just a CR1 visa. Again, you can file as soon as you're married here but he must not overstay.

If you got the marriage and adjust status route, generally any overstay would be forgiven when married to a US Citizen, provided he entered legally to begin with and the AOS is actually approved.