vermontcostarica

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!

Thanks. I've been reading up on that thread and it's on my watchlist. Appreciate your help!

Thanks Trailmix, that's a great idea! Also, how did you prove you were going to reestablish domicile in the US? As he is down here we are using his parents as co-sponsors, so do we still need to prove it or only my in-laws?

Your Husband, as the U.S. citizen, will also have to prove domicile or intent to reestablish domicile no later than the intending immigrant.

Although you are using a joint sponsor, he is still the primary sponsor and of course will fill out an I-864.

There is a thread about proving intent to reestablish domicile here:

http://www.visajourney.com/forums/index.php?showtopic=164618

Also be sure to check out all of the instructions about domicile on the I-864.

Maybe I don't know what "domicile" is. If you were in CANADA what does that mean?

No, you do understand, I mean 'domicile' means you are actually living there - even if, say you lived in another country temporarily for a couple of months (how much time you have been out of the U.S. is one important factor), if you have your residence and money and car etc etc all still in the U.S. - for immigration purposes you are probably still considered 'domiciled' there.

But, there are many cases where a spouse has immigrated to another country and can't really be considered domiciled in the U.S. anymore - that is where the 'reestablishing' domicile part comes in.

Anyway, if you read the thread above it will probably make more sense

Wow congratulations Abiding! Thanks for your input. And...congratulations, congratulations congratulations!!

I did exactly that. I was living and working in El Salvador when I met my wife. We married here and lived together here. I also couldn't meet the requirements for DCF so I forwared all of the papers to my mother and she sent them to USCIS and then later to NVC. Domicile for me never was an issue because I'm a missionary and we're are exempt from proving domicile. My advice would be to send all the papers like you were living in the US. They will not know you are living with your wife in Costa Rica and therefore shouldn't have any problem. We had our interview yesterday and were approved for the CR-1.

Thanks for that info...Duh....I can collect all the forms and have them pre-signed and arranged for sending? That seems like a fantastic option. Thanks Trailmix!

Thanks all -

So Trailmix,

you guys were both in Canada living and they didn't ask you to prove domicile in the US for any reason?

Well, all I can say is we did it, from Canada. They sent all the stuff to our Canadian address, didn't seem to be a problem. Not sure why someone would tell you that so I can't really speak to that.

Absolutely I had to prove 'reestablishing' domicile - all sponsors not living in the U.S. have to prove domicile or intent to reestablish it

Yes it is Mrs. Silverman, thanks!

Another option, if you decide to use your parent's address, if you follow the guides on VJ you can really pretty much send them everything in advance that NVC will need so after you pay your fees online (at the NVC stage) you can tell them when to send a particular envelope for the DS-230 or the I-864. While you are waiting for your I-130 to be approved you have a few months to gather all civil documents you will need, download and sign all the forms and get them to them before they are needed.

Maybe I don't know what "domicile" is. If you were in CANADA what does that mean?

Thanks all -

So Trailmix,

you guys were both in Canada living and they didn't ask you to prove domicile in the US for any reason?

Well, all I can say is we did it, from Canada. They sent all the stuff to our Canadian address, didn't seem to be a problem. Not sure why someone would tell you that so I can't really speak to that.

Absolutely I had to prove 'reestablishing' domicile - all sponsors not living in the U.S. have to prove domicile or intent to reestablish it

Yes it is Mrs. Silverman, thanks!

Another option, if you decide to use your parent's address, if you follow the guides on VJ you can really pretty much send them everything in advance that NVC will need so after you pay your fees on line there you can tell them when to send a particular envelope for the DS-230 or the I-864. While you are waiting for your I-130 to be approved you have a few months to gather all civil documents you will need, download and sign all the forms and get them to them before they are needed.

Thanks all -

So Trailmix,

you guys were both in Canada living and they didn't ask you to prove domicile in the US for any reason?

Well, all I can say is we did it, from Canada. They sent all the stuff to our Canadian address, didn't seem to be a problem. Not sure why someone would tell you that so I can't really speak to that.

Thanks to all of you in advance. It's just that I really don't know too much.

I'm listing 3 parts to this topic because they all now seem to be related. I'm gathering as much info as I can and am noticing things that I hadn't really thought of. We were planning on doing IR-1/CR-1 but....

I don't think I make enough money to sponsor my wife. I am living in Costa Rica as perpetual tourist. I travel back to US to work on occasion. These factors present two potential problems based on the information I'm seeing. Please let me know if there are more.

1. Problems proving domicile in the US.

2. Potential need for joint sponsor.

Another possibility....We could wait for my 6 months of legal residency now that we've received our marriage certificate (see my above thread on the forum) and go the DCF route if it makes sense.

Questions:

Does DCF require an I-864 or the same financial requirements along with the Joint Sponsor possibility? I don't see it listed.

Is the joint sponsor thing actually an issue for a potential delay in the process?

Is the domicile issue a big deal? When do they ask you to prove it? Is it hard to prove? My parents are receiving my mail in the US - I make money in the U.S. - two factors maybe in my favor.... but 2 months from now I'll also potentially have permanent resident status in Costa Rica.

DCF? IR-1/CR-1? Any suggestions or better yet mandates as to what we might do are absolutely welcome and appreciated.

We are living together in Costa Rica we have our marriage certificate. Direct Consular Filing isn't an option because I (the US Citizen) don't have 6 months of legal residency in the country. So ok...IR-1/CR-1.

Is there any possibility to complete this process with me living in Costa Rica with all the document mailings, signatures, payments etc.? I'm assuming that I'll have to have the documents fedexed to me by my parents or something...and then send them back to USCIS??!!

Any ideas?

You all are beautiful.

Thanks Everyone-

Just found out that it's processed...THE CERTIFICATE that is. We're going to go get it and get 'er done.

Preciatch'all!

Hi guys-

I've been married now for 3 months. Am I wasting time waiting for the national registry in Costa Rica to issue us a formal document? Can I file our I-130 with the paperwork that was drawn up upon the date of our marriage by the lawyer?

I'm unclear what is the "Marriage Certificate" that is asked for in the I-130 package.

Also assuming I find out what this certificate is, what are the guidelines for having it translated from spanish?

Thanks all!!!

A marriage license gives you permission to marry. A marriage certificate indicates both that you married and that the marriage has been officially registered with the government after the fact. You need the government issued marriage certificate to file the I-130.

Hi guys-

I've been married now for 3 months. Am I wasting time waiting for the national registry in Costa Rica to issue us a formal document? Can I file our I-130 with the paperwork that was drawn up upon the date of our marriage by the lawyer?

I'm unclear what is the "Marriage Certificate" that is asked for in the I-130 package.

Also assuming I find out what this certificate is, what are the guidelines for having it translated from spanish?

Thanks all!!!

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!

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.

CR-1 would be a good route.

The only issue that I foresee with this is that since we want to be living together while awaiting this process - it says CR-1 is only if I'm living in the US? Maybe I don't really have to as long as I have 3 consecutive years showing tax returns in the US?

And I guess with this also - she would have an interview by herself as opposed to DCF might be both of us?

Thanks!!

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!!!!

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.

Hello all,

Of course this is an incredibly valuable resource I imagine.

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.