Startinf to File I-130

[Rolando Peraza 0]

First off, hello to everyone!

I was married in sept 2005 with a tica and we started to file for a immigrant visa but it was denied because she had lived illegaly in the USA, we seperated shortly thereafter because things just went sour once she found out she was not gonna be going back to the States, but because of a stupid Costa Rican law I was not able to file for a divorce until Sept of 2008, and the divorce was approved by a judge on April of 09.

So here goes my current status, I am married again, I started dating my wife on July 5th 2007 and we got married on March 5th of 2010. I will be starting to file for her immigrant visa in about a month and I just want to make sure that I am doing everything correctly.

I have been living in Costa Rica for 3 years now, and I have CR citizenship as well as American, therefore I will be filing our I-130 at the Costa Rican embassy. We have tons of pictures and everything, including wedding pics.

Now the questions:

*What do I need for when I go hand in the I-130 at the embassy?

*What should I expect that day?

*Can I move to USA and start working once we have the I-130 in?

*Do I have to come back for any additional interviews at the Costa Rican embassy?

*Once the I-130 is approved will my US job's paycheck stubs be enough, making $500+ a week, or will I need a sponsor since I haven't worked in the USA for the last 2 years and haven't filed taxes?

*Will my previous divorce be an issue along with the fact that my ex-wife attempted to apply for this visa as well (and was denied)?

*How much time am I looking at before I can expect my wife to join me in New Jersey?

I am sure I will have more questions but that is it for now, any additional info and guidance would be hugely appreciated.

[Married2aTico 0]

A few responeses for you...

*What do I need for when I go hand in the I-130 at the embassy?

If you are in Costa Rica, go to the Embassy and get their literature on Direct Consular Filing. That will have the list. Among needed things will be certified, translated copies of marriages certs, divorce certs, birth certs, criminal record and a medical exam. The Embassy can fill you in on all the details. Also, remember to note the difference between required and suggested materials.

*What should I expect that day?

I believe DCF (Direct Consular Filing) cases are treated the same as other I-130 and I-129F interviews. Plan on getting there early and staying late. Take a snack and a sweater for your wife. The A/C is frigid inside. There is no privacy at all. You will be interviewed at a cashier window through glass.

*Can I move to USA and start working once we have the I-130 in?

*Do I have to come back for any additional interviews at the Costa Rican embassy?

Only if the application needs further processing. If she is approved at the interview, she can pick her visa within a few days and you will both be free to leave CR.

*Once the I-130 is approved will my US job's paycheck stubs be enough, making $500+ a week, or will I need a sponsor since I haven't worked in the USA for the last 2 years and haven't filed taxes?

Refer to the I-864 for poverty guidelines. Also, as part of the I-864 you generally submit the current year's tax transcript...not sure what you will need to do to proof eligibilty. If you have someone willing to sponsor, that may be your best bet. Just remember to make sure that person is aware it is a 10-year commitment.

*Will my previous divorce be an issue along with the fact that my ex-wife attempted to apply for this visa as well (and was denied)?

ABSOLUTELY! Plan on being asked about and explaining everything. Be frank and show any and all concrete evidence you have. Be honest. Make sure you take an ABUNDANCE of evidence to proove this marriage is not fraudulent: Pictures documenting the relationship over time. Pictures with relatives and friends. Affidavits from friends. Proof of cohabitation. Any intermingling of assets - joint accounts, etc.

*How much time am I looking at before I can expect my wife to join me in New Jersey?

I am sure I will have more questions but that is it for now, any additional info and guidance would be hugely appreciated.

Edited March 31, 2010 by Married2aTico