USC living abroad, but without residency...........needs clarity

[dunright 0]

I, the US petitioner am living in Costa Rica with my Filipina fiancee. We have lived here for one year and planned to do a K-1 and go to the states to marry. Someone mentioned that instead of the K-1 since we have been together for a year already that we marry here in CR and then file for DCF.

my problem is i don't understand how the DCF/CR-1 works. Neither of us have residency in Costa Rica. We moved here to see if we liked it enough to live here and we never filed for residency, because we were never sure. Now we decided to get married and want to go back to the states to live.

The DCF states that as long as i have resided outside the US for 6 months or more 'as legal residents' i qualify as the petitioner........it is the 'legal resident' thing confuses me. Legally i must leave Costa Rica every three months for 72 hours, which i have done for the last two years. We have lived here together for over a year. I have a corporation (not active), a vehicle, apartment, utility bills for two years etc. Thanks for any advice

[TOM&Riz 4]

I, the US petitioner am living in Costa Rica with my Filipina fiancee. We have lived here for one year and planned to do a K-1 and go to the states to marry. Someone mentioned that instead of the K-1 since we have been together for a year already that we marry here in CR and then file for DCF.

my problem is i don't understand how the DCF/CR-1 works. Neither of us have residency in Costa Rica. We moved here to see if we liked it enough to live here and we never filed for residency, because we were never sure. Now we decided to get married and want to go back to the states to live.

The DCF states that as long as i have resided outside the US for 6 months or more 'as legal residents' i qualify as the petitioner........it is the 'legal resident' thing confuses me. Legally i must leave Costa Rica every three months for 72 hours, which i have done for the last two years. We have lived here together for over a year. I have a corporation (not active), a vehicle, apartment, utility bills for two years etc. Thanks for any advice

What the DOS field manual says is, residency is described as physical residence general abode without regard to future intention, meaning if you can prove you have lived there for six months, ie. passport visa, affidavit from landlord, rental agreement, utility bills etc. you can establish the requirement to file DCF. We did just that here in the Philippines, I can't see it being much differant there in Costa Rica but check the consulate website for the specific requirements and maybe shoot them an e-mail

[dunright 0]

I, the US petitioner am living in Costa Rica with my Filipina fiancee. We have lived here for one year and planned to do a K-1 and go to the states to marry. Someone mentioned that instead of the K-1 since we have been together for a year already that we marry here in CR and then file for DCF.

my problem is i don't understand how the DCF/CR-1 works. Neither of us have residency in Costa Rica. We moved here to see if we liked it enough to live here and we never filed for residency, because we were never sure. Now we decided to get married and want to go back to the states to live.

The DCF states that as long as i have resided outside the US for 6 months or more 'as legal residents' i qualify as the petitioner........it is the 'legal resident' thing confuses me. Legally i must leave Costa Rica every three months for 72 hours, which i have done for the last two years. We have lived here together for over a year. I have a corporation (not active), a vehicle, apartment, utility bills for two years etc. Thanks for any advice

We are not married yet. I thought it would be easier to do the K-1 and marry in the states. Now with this new info, I am wondering if we marry now, do we have to wait another six months before we file the I-130 or can we do it right away? I would love to be able to get her to the states for Christmas with my family.

[TOM&Riz 4]

We are not married yet. I thought it would be easier to do the K-1 and marry in the states. Now with this new info, I am wondering if we marry now, do we have to wait another six months before we file the I-130 or can we do it right away? I would love to be able to get her to the states for Christmas with my family.

You can marry next monday and file next tuesday the requirements do not stipulate you must be married only that you meet the residency requirements

[Lia792 5]

sorry, dunright, the embassy website says you have to have been a legal resident of Costa Rica for 6 months.

http://sanjose.usembassy.gov/iv_onbehalf.html

You have to file in the US unless you want to become a resident of CR. I would look at the timelines to see if K-1 or CR-1 is faster in Costa Rica.

Edited April 14, 2010 by Lia792

[TOM&Riz 4]

sorry, dunright, the embassy website says you have to have been a legal resident of Costa Rica for 6 months.

http://sanjose.usembassy.gov/iv_onbehalf.html

You have to file in the US unless you want to become a resident of CR. I would look at the timelines to see if K-1 or CR-1 is faster in Costa Rica.

Is the OP there Illegally ? Legal residency in the eyes of USCIS could be as simple as a visa stamp in a passport

I say give it a try if you can prove you have been there legally for 6 months, you stand to lose 355.00 but is six months more waiting worth 355 to you ? ...

[txladykat 1]

I would contact the embassy in CR and ask them. Each one kind of has their own guidelines as to what they consider "residency". We filed in Denmark after being there 6 months - I did not have a visa, or my residency, but I was there legally as my residency application was pending. Since the processing of residency permits in Denmark were taking about 12-18 months, they overlooked the fact that I did not have my residency yet and had been there legally for 6 continuous months.

[dunright 0]

I would contact the embassy in CR and ask them. Each one kind of has their own guidelines as to what they consider "residency". We filed in Denmark after being there 6 months - I did not have a visa, or my residency, but I was there legally as my residency application was pending. Since the processing of residency permits in Denmark were taking about 12-18 months, they overlooked the fact that I did not have my residency yet and had been there legally for 6 continuous months.

Thanks to all the advice so far, i do appreciate it. I will go to the embassy on Friday and see what they have to say. I will keep you posted. Ciao

[dunright 0]

sorry, dunright, the embassy website says you have to have been a legal resident of Costa Rica for 6 months.

http://sanjose.usembassy.gov/iv_onbehalf.html

You have to file in the US unless you want to become a resident of CR. I would look at the timelines to see if K-1 or CR-1 is faster in Costa Rica.

Yes i am here legally. If i have to file to become a resident of CR, i will pass and just do the K-1 or CR-1. I will find out at the embassy on Friday which way i will go.

[dunright 0]

Is the OP there Illegally ? Legal residency in the eyes of USCIS could be as simple as a visa stamp in a passport

I say give it a try if you can prove you have been there legally for 6 months, you stand to lose 355.00 but is six months more waiting worth 355 to you ? ...

Yes i am here legally. If i have to file to become a resident of CR, i will pass and just do the K-1 or CR-1. I will find out at the embassy on Friday which way i will go. Yes i would hate to file, be denied and have to file for a different kind of visa.

[Lia792 5]

For your sake, I hope they let you...I was just reading what the website said. Anyhow, the embassy can give you the best advice.