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

[smick123 0]

Hi Everybody, I posted this under DFC, but not sure it it would work for this section as well...

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.

[pushbrk 13,068]

Hi Everybody, I posted this under DFC, but not sure it it would work for this section as well...

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.

Your wife can file a "DCF" petition if she qualifies. Contact the Embassy on that directly for any clarification. If she doesn't qualify, she'll need to file the petition or petitions with a service center in the USA. See the CR1 and DCF guides for the details on doing so.

No, you cannot legally use a tourist or business visa to enter the US with the intention of circumventing US immigration laws and adjusting status. The penalty for this kind of visa fraud is up to a lifetime ban from the USA.

Start by contacting the Embassy in Costa Rica and study the appropriate Guide. Since you are together, I would skip the K3 and just go the CR1 visa route. Lots of discussion on why. Just peruse the K3 forum and CR1/IR1 forum.