Do you have to be in USA to file?

[lucybelle 453]

I've been reading as many topics as I can, and I haven't found one to answer this yet. Sorry if I'm repeating!

I'm currently in a relationship with a Costa Rican, living in Costa Rica. We're not engaged, but we think maybe in 2 years time we'd like to get married and move back to the States. I think the CR-1 would be a good choice because then he'd be able to work right away. What I'm wondering is do I (US cit) need to be in the States to file during the whole process? I'm wondering if in 2 years we could fly to the States, get married, come back to Costa Rica and live here together while the visa is being processed. Or is that just a wild dream?

Also, when you marry, does the non US cit get dual citizenship? Or is that a whole other process? Thanks!

[Ryan H 3,818]

What I'm wondering is do I (US cit) need to be in the States to file during the whole process?

No

I'm wondering if in 2 years we could fly to the States, get married, come back to Costa Rica and live here together while the visa is being processed. Or is that just a wild dream?

It's not a wild dream, you can do that if you wish.

Also, when you marry, does the non US cit get dual citizenship?

No, he would have to reside in the US for 3 consecutive years before he would be eligible to apply for US Citizenship.

[CanadaLove 16]

I'll give a general answer to your questions, someone who is more familiar with CR can chime in with specifics.

No, you don't have to be in the US to start the process. Some consulates are sticklers for the USC to re-establish domicile ahead of the spouse getting zir visa, though. Also, you may want to look into seeing if Direct Consular Filing (DCF) is available for CR, as that will shave off time to get said visa.

As for your second question, no, the spouse does not automatically gain US citizenship upon marrying a USC. Dual citizenship may be allowed by the CR government; the US realizes dual citizenry exists, but does not officially endorse it.

[Harsh_77 718]

Depends on how you are doing, if you get married and are living out of US then you can apply for DCF process and once application is approved, both can travel at same time to US.

If after marriage you move back to US then you will have tofile for CR1/IR1.

[lucybelle 453]

No, he would have to reside in the US for 3 consecutive years before he would be eligible to apply for US Citizenship.

Thanks for the quick replies!

So in order to get citizenship, he needs to be in the US for 3 years without leaving? Or does he just need to reside in USA for 3 years? I thought the CR-1 was a multientry visa. Or maybe I'm getting all the letters and numbers mixed up. Sorry for being a total visa newbie.

edit:

I just checked to see if Costa Rica allows DCF, and they don't.

Edited December 15, 2011 by lucybelle

[Ryan H 3,818]

So in order to get citizenship, he needs to be in the US for 3 years without leaving? Or does he just need to reside in USA for 3 years?

Reside for 3 years. If he were to leave for 6 months or more during that time, the clock resets.

I thought the CR-1 was a multientry visa. Or maybe I'm getting all the letters and numbers mixed up. Sorry for being a total visa newbie.

The visa itself is single entry. The holder is given a green card at entry in the form of an I-551 stamp. The card itself will arrive in the mail a short time later.

[CanadaLove 16]

edit:

I just checked to see if Costa Rica allows DCF, and they don't.

Then you'll have to go through the long wait most of the rest of us are going through. You'll send your I-130 to the Chicago lockbox, and from there it will either be sent to California or Vermont for processing. You still need to check (or someone familiar with CR should chime in) if CR is strict on the USC re-establishing domicile ahead of the beneficiary getting zir visa.

[lucybelle 453]

Thanks for all the replies so far!

I haven't figured out about whether or not I have to "re-establish domicile ahead of the beneficiary", but let's say for now that I don't...

While working here in Costa Rica, I will be making right around what 2011 Poverty Guidelines describes as the 100% poverty line ($14,710). So I have a few questions:

1- I will not be paid in USD, rather in local currency. How would that effect the process? Would I just need to show what the exchange rate is?

2- I have a good amount of USD in bank accounts, would that make up for the amount of money I'm under on the 125% above poverty?

3- Since I wouldn't have a job in the States while applying, would that negatively affect the likelihood of being approved? I'm a teacher and down here schools run on the southern hemisphere schedule. So their "summer break" is Dec-Feb. If I left at the end of a school year here (December or January), I would probably be without a job until August (the start of northern hemisphere schools). I wouldn't be able to line up a job that early, most schools do hiring in April/May/June.

Thanks again!

[Lancelotte25 1]

CR-1 or K-1 is okay, I suggest try K-1 for it's a bet faster (depend on your case though) compare to CR-1. Both should be filed by you in the US except if you've been living to Costa Rica for a period of time where you can file the petition at the US embassy but I don't thin k you do. You're wife can have a dual citizenship if she desires too and if Costa Rica allows it according to their immigration law but you, as US citizen you can't have a Costa Rican citizenship.

[Penguin_ie 5,995]

1. Will your job continue once you move to the USA? If so, submit a letter from your employer that states your salary once you arrive in the US. If not, your income doesn't count, as it will stop as soon as the visa is being used.

2. You would need x3 the shortfall of US income. You can sponsor on assets only if you have enough- not uncommon when the petitioner lives abroad.

3. A job offer letter is not enough. Sounds like you need to sponsor on assets or find a co=sponsor.

Edited December 28, 2011 by Penguin_ie

[lucybelle 453]

1. Will your job continue once you move to the USA? If so, submit a letter from your employer that states your salary once you arrive in the US. If not, your income doesn't count, as it will stop as soon as the visa is being used.

2. You would need x3 the shortfall of US income. You can sponsor on assets only if you have enough- not uncommon when the beneficiary lives abroad.

3. A job offer letter is not enough. Sounds like you need to sponsor on assets or find a co=sponsor.

No, the job would not continue in the USA.

So if I have three times the amount above the poverty line in "assets" (this is money in the bank, right?), would that be sufficient?

Thanks for your help!

[Penguin_ie 5,995]

So if I have three times the amount above the poverty line in "assets" (this is money in the bank, right?), would that be sufficient?

It's best to be comfortably over in assets to be reasonably sure of approval. So if it is just the two of you, no kids or other dependants, try to list assets of $65'000 or more. Money in the bank is great, as definitely a liquid asset. Other assets may also be considered, such as shares, property (especially a second/ rental home), second car etc.

[lucybelle 453]

It's best to be comfortably over in assets to be reasonably sure of approval. So if it is just the two of you, no kids or other dependants, try to list assets of $65'000 or more. Money in the bank is great, as definitely a liquid asset. Other assets may also be considered, such as shares, property (especially a second/ rental home), second car etc.

Perfect! Thank you so much for your help!

[Laure&Colin 558]

Thanks for all the replies so far!

I haven't figured out about whether or not I have to "re-establish domicile ahead of the beneficiary", but let's say for now that I don't...

While working here in Costa Rica, I will be making right around what 2011 Poverty Guidelines describes as the 100% poverty line ($14,710). So I have a few questions:

1- I will not be paid in USD, rather in local currency. How would that effect the process? Would I just need to show what the exchange rate is?

2- I have a good amount of USD in bank accounts, would that make up for the amount of money I'm under on the 125% above poverty?

3- Since I wouldn't have a job in the States while applying, would that negatively affect the likelihood of being approved? I'm a teacher and down here schools run on the southern hemisphere schedule. So their "summer break" is Dec-Feb. If I left at the end of a school year here (December or January), I would probably be without a job until August (the start of northern hemisphere schools). I wouldn't be able to line up a job that early, most schools do hiring in April/May/June.

Thanks again!

Like you were told, yes you'll be able to file from Costa Rica and wait there most of the process, as long as you can show that you plan to relocate to the US.

Don't forget to keep filing your taxes with IRS while you live and work in CR. You'll need to show your tax returns, even though you eventually get a co-sponsor.