Two Foreigners, Married and Living Abroad, questions about immigrating to US

[smick123 0]

Hi Everybody, I want to present a unique case and solicit any advise or comments from experience.

My wife is a US citizen by birth and I'm from the Bahamas. We were both living in Costa Rica and was married here earlier this year. My wife has no legal residence in CR and my residency in being process but still not finalized. We are thinking of moving back to the US.

How should we go about applying for my residency in the US? Should we apply by means of DFC?

If I understand the CR US embassy page (http://sanjose.usembassy.gov/iv_onbehalf.html) correctly, its seems that they can only process applicants for Legal Residents of CR.

But it also states that "The law requires that a K-3 visa for an applicant who married a U.S. citizen outside the United States be issued by a consular officer in the foreign state in which the marriage occurred."

I already have a travel visa for the US, I can enter the US legally no problem. I'm not sure about this but, can I enter on my tourist visa and then apply for a change of Status (I-485) or should I apply here in Costa Rica for a K-3 visa? Would they process it since neither one of us are bonified legal residence of Costa Rica?

Any advice? Thanks in advance.

[canadian_wife 1,827]

My knowledge is limited on this but I hope someone will correct me if I am wrong.

I think that your wife has to have legal residency in Costa Rica OR your home country for you two to DCF.

But here is what I do know. You CANNOT enter on your tourist visa and then apply for a change of status since that is visa fraud and can result in a life time ban for you. A tourist visa is designed for exactly that, you enter as a tourist and then LEAVE. To do otherwise is misrepresentation. Plus, your issuance of a tourist visa will not guarentee you entrance into the US. There are lots of posts on VJ of people in your situation, who already had tourist visas, and have gotten denied entrance into the US.

Once option you do have is have your wife file paperwork in the US and then you're interview will be in Costa Rica (if you have your residency by then) and she waits with you until the process is complete.

Good Luck

[pushbrk 13,073]

My knowledge is limited on this but I hope someone will correct me if I am wrong.

I think that your wife has to have legal residency in Costa Rica OR your home country for you two to DCF.

But here is what I do know. You CANNOT enter on your tourist visa and then apply for a change of status since that is visa fraud and can result in a life time ban for you. A tourist visa is designed for exactly that, you enter as a tourist and then LEAVE. To do otherwise is misrepresentation. Plus, your issuance of a tourist visa will not guarentee you entrance into the US. There are lots of posts on VJ of people in your situation, who already had tourist visas, and have gotten denied entrance into the US.

Once option you do have is have your wife file paperwork in the US and then you're interview will be in Costa Rica (if you have your residency by then) and she waits with you until the process is complete.

Good Luck

She a can wait with him some or all of the time as fits their circumstances. She'll need to deal with the issue of domicile and sponsorship at some point. Many couples find it necessary for the USC to return home and get a job and/or re-establish domicile.