Changing embassy ??

[Done--Really 331]

My wife is living in Costa Rica, and we are about to file the I-130 next week. However, she is also about to sell her small business as well as her house, and wants to live with relatives in Mexico City until the whole process is complete--she has both Mexican and Costa Rica citizenship. The issue is that her life is in CR at the moment and will remain there for probably the next 90 days or so--or maybe a little longer by the time everything gets wrapped up.

So, we are filing with her CR address and so forth, but will likely want to change to a Mexico City address someplace along the line--how bad is this going to screw things up??

[Wayne and Claudia 40]

My wife is living in Costa Rica, and we are about to file the I-130 next week. However, she is also about to sell her small business as well as her house, and wants to live with relatives in Mexico City until the whole process is complete--she has both Mexican and Costa Rica citizenship. The issue is that her life is in CR at the moment and will remain there for probably the next 90 days or so--or maybe a little longer by the time everything gets wrapped up.

So, we are filing with her CR address and so forth, but will likely want to change to a Mexico City address someplace along the line--how bad is this going to screw things up??

You are the petitioner so it doesn't matter initially her status. If she does not stay in Mexico long enough for a domicile then she is from CR. If she is in Mexico at the time of filing then her current address should be noted.

[Done--Really 331]

I should have been more clear. She owns a house in Mexico City and will be staying there once her house in CR is sold--it could be a month or six months depending on how quickly the CR house can close and how long the process takes. So, the questio is assume she is a resident of Mexico before the process completes, but we originaly file with the CR address.

[Julie y Pat 67]

If you look at the I130, #22 asks you to designate the embassy or consulate abroad where you will have an interview. There is a note that if this in a country outside of your last residence it will be at the discretion of the consulate. She will have a CR address listed at the top of the form, but you will be designating Mexico City. I would include an explanation on a separate sheet of why you are choosing Mexico City instead of San Jose. Also, on the G325 it asks her country of citizenship, so if you put both Costa Rica and Mexico, it should be clear that she is not "consulate shopping". And with the processing times at USCIS now being about the same length as your estimate of how long it will take to clear things up in CR, she would likely have her address in Mexico on the I230 for submission to the NVC. I see no reason why the consulate in Mexico City would use their discretion and deny her request to interview there, where she has domicile, and ask her to interview in CR, where she would no longer have domicile.

[pushbrk 13,172]

If you look at the I130, #22 asks you to designate the embassy or consulate abroad where you will have an interview. There is a note that if this in a country outside of your last residence it will be at the discretion of the consulate. She will have a CR address listed at the top of the form, but you will be designating Mexico City. I would include an explanation on a separate sheet of why you are choosing Mexico City instead of San Jose. Also, on the G325 it asks her country of citizenship, so if you put both Costa Rica and Mexico, it should be clear that she is not "consulate shopping". And with the processing times at USCIS now being about the same length as your estimate of how long it will take to clear things up in CR, she would likely have her address in Mexico on the I230 for submission to the NVC. I see no reason why the consulate in Mexico City would use their discretion and deny her request to interview there, where she has domicile, and ask her to interview in CR, where she would no longer have domicile.

Since this will be an immigrant visa, the Consulate can be changed at the NVC stage and her then current address noted on the DS 230 and I-864. However, if she were my wife living temporarily (temporarily because her intended permanent address is in the USA with me)I would prefer she return to Costa Rica instead of spending any time at all in Juarez. All family based visa interviews for Mexico are in Juarez.

[Julie y Pat 67]

Thank you, Pushbrk, for keeping us on the right track. I knew I should have looked into Juarez and Mexico City, and I agree that I wouldn't want my wife spending time in Juarez, let alone going to the US consulate there. Thanks again Push for your continued presence on this site and sharing your knowledge long after your own visa journey has been completed, I have learned so much from your posts. Pat

[Done--Really 331]

Thanks everyone--I sure agree about CDJ. Sounds like we have a few months to figure it out which is what I was hoping.