Question about DCF in Costa Rica

[JamesCR 0]

I could really use some help!!

Im not sure how to best explain my situation, but ill try.

I am a US Citizen living in Costa Rica for 5 years

I have a Costa Rican wife whom ive been married to for 4 years

I have a Costa Rican stepson

I have a Costa Rican daughter whom Ive successfully obtained US citizenship for and she has dual citizenship

I do not have legal residency yet in Costa Rica, I submitted Naturalization paperwork in January (I was told it was better)

What I want - I want to move my family back to California, i miss it, and im sure they would love it there

What I know :

I know I need to have 6 months residency before filing. However given my situation, im very confused and worried about my situation

I know I need a sponsor for my wife if im unable to meet the criteria to sponsor her myself.

Thats all i know.

Any advice is appreciated, id really like to bring my family, including my stepson back to the states.

[Penguin_ie 5,992]

How are you currently residing in CR? Ie illegally, or with some sort of work/ marriage visa? If the later, this may be accepted as residency; call the embassy for clarification.

You will most likely need a US based co-sponsor, such as a family member or friend, unless you have sizeable assets that could be used (house without a mortgage, savings etc).

Your stepson will be able to immigrate at the same time as your wife no problem, just make sure to include him in all the paperwork. Your wife will also need permission from the biological father- or if that is not possible, a court- to take the child abroad.

[pushbrk 12,570]

How are you currently residing in CR? Ie illegally, or with some sort of work/ marriage visa? If the later, this may be accepted as residency; call the embassy for clarification.

You will most likely need a US based co-sponsor, such as a family member or friend, unless you have sizeable assets that could be used (house without a mortgage, savings etc).

Your stepson will be able to immigrate at the same time as your wife no problem, just make sure to include him in all the paperwork. Your wife will also need permission from the biological father- or if that is not possible, a court- to take the child abroad.

Actually, for DCF the step-child will need his own separate paperwork through the entire process. You'll begin by filing two I-130 petitions.

[Penguin_ie 5,992]

Ah, I didn't know that, how odd! Thanks for correcting me.

[pushbrk 12,570]

Ah, I didn't know that, how odd! Thanks for correcting me.

K2 and K4 have derivitive status but he K4 needs an I-130 eventually. Best to file both together even for K3/4. DCF is not a K visa. Both will have IR category immigrant visas, so an I-130 for each intending immigrant in all DCF cases.

[JamesCR 0]

i entered on a tourist visa 5 years ago and i used to leave and come back every 3 months which is common... after i got married i discontinued doing so ... i was actually stopped by an immigration official on my way to celebrate my honeymoon and we explained we just got married, showed our rings and she showed her national id and we were on our way .. so my understanding is im in a sort of grey area at the moment, given i have a wife and daughter and legally married for 4 years .. however technically i do not have legal residence, thats why i stated that i did submit the paperwork for naturalization in january... however im not sure if when i have citizenship (thus legal residence) that i have to wait 6 months since ive been living here for 5 years...

[pushbrk 12,570]

i entered on a tourist visa 5 years ago and i used to leave and come back every 3 months which is common... after i got married i discontinued doing so ... i was actually stopped by an immigration official on my way to celebrate my honeymoon and we explained we just got married, showed our rings and she showed her national id and we were on our way .. so my understanding is im in a sort of grey area at the moment, given i have a wife and daughter and legally married for 4 years .. however technically i do not have legal residence, thats why i stated that i did submit the paperwork for naturalization in january... however im not sure if when i have citizenship (thus legal residence) that i have to wait 6 months since ive been living here for 5 years...

Only the US Consulate can tell you whether you qualify to file DCF. They'll be happy to do so.

[JamesCR 0]

i expected as much, i had hoped maybe someone else would have a similar experience to relate to help shed some light on the subject.

the problem is i did ask them, and i still left not exactly understanding.

would it be quicker for me if i just tried to find an immigration lawyer and had them file on my behalf? would i have to have domicile in the states to do this?

id like to bring my family back to the states ASAP, i feel trapped

[MargotDarko 0]

It is different in different countries, but I have not heard of the embassy taking the fee if they aren't going to process the petition due to the USC not having the appropriate amount of residence. So if even after asking, you still aren't clear, your best bet is probably to go ahead and try filing the petitions for your wife and son.

You do need US domicile but it's easier than it seems for most people. If you have a US address you can use (like a family member), proof of some US accounts, a valid US driver's license and/or proof of being registered to vote, you're good to go.

Have you been filing US tax returns? If you've been earning more than a few thousand USD a year (or the equivalent), you need to file a return. You don't actually owe US taxes unless you've earned more than about $83,000 in a tax year. If you haven't filed, it's easy to back file, and I would do that asap.

[JamesCR 0]

I finally got an email reply from the US Embassy in Costa Rica:

In order to file the I-130 petition you will have to submit the following documents:

passports (yours, your wife's and stepson's)

Forms DS-230 part I & II (one for each applicant)

Forms G-325A (one for each applicant and one for you. You can download this form from the website www.uscis.com)

marriage certificate and divorce decrees (of previous marriages)

literal birth of the stepson, which includes the registration date of the birth)

two photos (2x2 inches for each applicant and one of you)

proof of legal residency to Costa Rica (for the Petitioner) or proof that you started the naturalization process with the Costa Rican immigration office more than six months ago

proof that petitioner has been residing in Costa Rica for at least 6 months

proof of relationship between Petitioner and Beneficiary

the $355 fee (for each applicant).

Please note that all the documents that will be submitted must be translated into English by a competent translator.

..

This is good news, however there are 2 things im unsure of ... 1 i havent filed for taxes in the entire time ive been offshore, nor have I technically needed to. (i was told so by an IRS agent when i called to inquire about the requirement) .. anyways, should i find a way to back file regardless? will this be required for getting my wife her green card?

Also, what if i have no verifiable means of employment? what if im presently unemployed? I have the impression i have to show i can support her 125% above the poverty level ...

[kaffy 2]

Also, what if i have no verifiable means of employment? what if im presently unemployed? I have the impression i have to show i can support her 125% above the poverty level ...

Find a joint sponsor. My husband (USC) wasn't working when we applied and we asked his parents to be our joint sponsors. The Consulate accepted it, no questions asked.