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Filed: K-1 Visa Country: Costa Rica
Timeline
Posted

I am marrying a foreign bride in Costa Rica and would like to bring her to the United States for 2 years until I retire and then would return to her country for retirement. I've tried twice for tourist visa's for her but was denied because of her lack of ties to her community. Do I have to go through all the hoops for a permanent type of visa even though it's only for a two year time period for her to be in the United States? Can somebody help please. I've written to the consular department in Costa Rica but they are very vague in their response and don't appear to read all of the information.

Posted

Yes, I believe you do need a Permenant visa like K1 if you are engaged and are going to marry. CR1 if you are already married. B2 visa (tourist) only allow her to live there for 6 months then she need to leave and re enter but its subject to POE officer allowing her in again the next time or not

-I am the Beneficiary-
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K1 (I-129F) petition filed in August 2013 (Approved Feb 20th 2014)
13th May 2014: AOS (I-485) & EAD/AP combo card
21st May 2014: NOA 1 and biometric letter
11th June 2014: biometric appointment
13th June 2014: RFE received via mail
16th June 2014: replied to RFE
6th August 2014: EAD Approved, AP still in initial review
12th August 2014: got tracking number for EAD
( ) August 2014: Received EAD (I forgot what date I got them but I did receive them less than 5 days from the 12th)
10th September 2014: Interview Waiver received (I wished I was interviewed)
April 23, 2015, we registered your permanent resident status and mailed you a Welcome Notice
Posted (edited)

Yep. Sounds like you'll need to do the hoop jumping. Even if she could get a tourist visa, that wouldn't allow her to live in the US for 2 years.

It could take a year for her to get the CR-1, however (some have waited longer, some less, it's very unpredictable). There's the possibility that by the time all the hoops have been jumped, you're already to the point of your retirement plans. It maybe worthwhile to study the timeline averages and costs.

If you don't marry in Costa Rica, you could bring her to the US to marry on a K1. They're currently processing faster (again, subject to unpredictable change) and you could file for that right away, giving you a better chance of having her in the US for more of those 2 years. This is, however, a more costly route due to having to do Adjustment of Status after US entry and marriage.

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

Filed: K-1 Visa Country: Costa Rica
Timeline
Posted

Yes, I believe you do need a Permenant visa like K1 if you are engaged and are going to marry. CR1 if you are already married. B2 visa (tourist) only allow her to live there for 6 months then she need to leave and re enter but its subject to POE officer allowing her in again the next time or not

Thank you

Thank you

Yep. Sounds like you'll need to do the hoop jumping. Even if she could get a tourist visa, that wouldn't allow her to live in the US for 2 years.

It could take a year for her to get the CR-1, however (some have waited longer, some less, it's very unpredictable).

Yep. Sounds like you'll need to do the hoop jumping. Even if she could get a tourist visa, that wouldn't allow her to live in the US for 2 years.

It could take a year for her to get the CR-1, however (some have waited longer, some less, it's very unpredictable).

Yep. Sounds like you'll need to do the hoop jumping. Even if she could get a tourist visa, that wouldn't allow her to live in the US for 2 years.

It could take a year for her to get the CR-1, however (some have waited longer, some less, it's very unpredictable).

Posted

Thank you

Thank you

I made some edits to my response above with further thoughts/suggestion.

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

Filed: K-1 Visa Country: Costa Rica
Timeline
Posted

Yes, that seems like what it's boiling down to and I'm assuming that even though am I-130 and an I-129 will be filed they wouldn't approve the Tourist visa knowing that the two prior forms are in the process if you don't qualify for the tourist because of the lack of ties to her community. Thanks

Posted

Yes, that seems like what it's boiling down to and I'm assuming that even though am I-130 and an I-129 will be filed they wouldn't approve the Tourist visa knowing that the two prior forms are in the process if you don't qualify for the tourist because of the lack of ties to her community. Thanks

Yup. Pretty much.

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

Filed: K-1 Visa Country: Costa Rica
Timeline
Posted

Although I just read that if I am married in that country, which were our intentions, and become a legal resident I may be allowed to do a Direct Consular Filing for the CR-1 and processing times are typically less than 3 months with the interview taking place Anywhere from 1 week to 3 months. The DCF bypasses the filing in the US. There just may be some hope after all!!!

Posted (edited)

You need to have legally lived in the foreign country for at least six months to file through DCF. Additionally, you can only file DCF in the following countries: http://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: Citizen (apr) Country: Jordan
Timeline
Posted (edited)

Although I just read that if I am married in that country, which were our intentions, and become a legal resident I may be allowed to do a Direct Consular Filing for the CR-1 and processing times are typically less than 3 months with the interview taking place Anywhere from 1 week to 3 months. The DCF bypasses the filing in the US. There just may be some hope after all!!!

DCF. Isn't an option for Costa Rica, they don't offer it. Even if they did you would have to be a legal resident there before you can file. In some countries you have to be a resident for 6 months, in other countries a year. In Jordan you have to be a legal resident for one year before you can file DCF. Sorry, it just isn't an option for you. List of countries that offer DCF and their residency requirements http://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices Edited by mimolicious


Filed: Citizen (apr) Country: Jordan
Timeline
Posted

You need to have legally lived in the foreign country for at least six months to file through DCF. Additionally, you can only file DCF in the following countries: http://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

In some countries the residency requirement is 1 year, Jordan is one of those countries. http://www.uscis.gov/about-us/find-uscis-office/international-offices/jordan-amman-field-office


Filed: K-1 Visa Country: Philippines
Timeline
Posted

She may not want to go back to Costa Rica after coming to the U.S.

Remember, you cannot miss what you never had.

Please keep in mind that some dates are only known after receipt of another document.
For example, the USPS Form 3811. The stamped receiving date was not know until the original Form 3811 was received on 07/13/2013 1:30 p/m CST.

07/05/2013 3:07 p/m CST I-129F pouch tendered to United States Postal Service in Houston, TX
07/09/2013 UNKNWN USPS Form 3811 / Signiture Receipt Card / Stamped and Received at USCIS Dallas Lockbox *
07/09/2013 UNKNWN USCIS / WEB SITE / receives petition and mails notice
07/12/2013 UNKNWN I-129F Check Presented to bank for payment
07/12/2013 2:51 p/m CST Text Message Received / G-1145 / I-129F Form / VSC - Documents sent to VSC
07/12/2013 2:51 p/m CST Email Received Received / G-1145 / I-129F Form / VSC - Documents sent to VSC
07/12/2013 UNKNWN I-129F Check coverted to ACH Payment to USCIS DALLAS PAYMENT
07/13/2013 1:30 p/m CST USPS Form 3811 / Signiture Receipt (GREEN) Card received from USCIS Dallas Lockbox *
07/13/2013 4:24 p/m CST USCIS / WEB SITE / Set up user account to track case status / https://egov.uscis.gov/cris/logon.do
07/15/2013 4:24 p/m CST USCIS / WEB SITE / Indicates "ACCEPTANCE"
07/16/2013 7:30 p/m CST USCIS / WEB SITE / Log in to check site / Indicates "INITIAL REVIEW"
07/17/2013 UNKNWN I-797C, Notice of Action (NOA1) / Received in mail today. (Notice Date : 07/11/2013, VSC) (Stamp date on envelope : 07/15/13)

* Advising case has been opened.
07/18/2013 8:31 p/m CST Email Received / USCIS / Advising Alien Registration Number has been changed
07/18/2013 8:35 p/m CST Text Message Received / USCIS / Advising "My Case Status" has been updated at www.uscis.gov

07/18/2013 8:31 p/m CST Email Received / USCIS / Advising Alien Registration Number has been changed
07/18/2013 8:35 p/m CST Text Message Received / USCIS / Advising "My Case Status" has been updated at www.uscis.gov

08/07/2013 6:45 p/m CST Text Message Received / USCIS / Advising "My Case Status" has been updated at www.uscis.gov

08/07/2013 6:47 p/m CST Text Message Received / USCIS / Advising "My Case Status" has been updated at www.uscis.gov

08/07/2013 7:00 p/m CST Text Message Received / USCIS / Advising "My Case Status" has been updated at www.uscis.gov

08/09/2013 6:30 p/m CST Email Received / USCIS / Case has been transfered from VSC

08/09/2013 UNKNWN I-797C, Notice of Action (NOAT) / Rcv'd in mail (Notice Date : 08/06/2013, VSC) (Stamp date on envelope : 08/07/2013)**

** Advising that the case has been transfered from VSC to TSC

08/09/2013 7:30 p/m CST USCIS / WEB STIE / Logged in to check site / Indicatted "INITIAL REVIEW

08/26/2013 8:45 p/m CST Email Recieved / USCIS / On 08/26/13, we mailed you a notice that we have approved this I129F PETITION FOR FIANCE(E).

08/26/2013 8:47 p/m CST Text Message Received / USCIS / Advising "My Case Status" has been updated at www.uscis.gov

08/26/2013 8:48 p/m CST USCIS / WEB STIE / Logged in to check site / Indicatted "POST DECISION ACTIVITY"

08/27/2013 7:15 a/m CST Text Message Received / USCIS / Advising "My Case Status" has been updated at www.uscis.gov

08/27/2013 7:15 a/m CST Email Received / USCIS / On August 27, 2013, we shipped this approved or re-affirmed case to the Department of State for visa processing.

08/29/2013 UNKNWN I-797C, Notice of Action (NOA2) / Rcv'd in mail. (Notice Date : 08/26/2013) (Stamp date on env. : 08/27/18) / Advising i-129F has been APPROVED.

09/05/2013 UNKNWN Phone Call to NVC / Petition received and MNL Number issued

09/06/2013 15:58 EST Documents shipped out via DHL AWB 8774193982 ( http://www.visajourney.com/forums/topic/302190-dhl-tracking-from-nvc-to-us-embassy/ ) EXCELLANT

09/09/2013 10:45 MNL Documents rcvd at Embassy signed for L Bernardion

Summary : Date mailed : 07/05; Docs rcv'd USCIS : 07/09; NOA1 issued : 07/11; NOA2 issued : 08/26, NOA2 rcv'd in mail : 08/29; NVC Rcv'd : 09/05/; MNL Emby rcv'd docs : 09/09

Total Number of Days : 67 days (Mailing date of I-129F at U.S. Post Office to Receipt of documents in Manila Embassy)

Projected Dates (Not Actual Dates) : Based on research on VJ Website, other members statements, and documents going to VSC Service Center
07/18/13 : Based on timeline data, your I129f may be adjudicated between December 11, 2013 and December 24, 2013

Posted (edited)

1 week for DCF is also fantasy. 3 - 6 months is more like it.

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

Filed: K-1 Visa Country: Costa Rica
Timeline
Posted

You need to have legally lived in the foreign country for at least six months to file through DCF. Additionally, you can only file DCF in the following countries: http://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

Filed: K-1 Visa Country: Costa Rica
Timeline
Posted

Yes, aparantly so, ugh!! Guess ill stock with The k-3 as it appesrs to fit in exactly within my 2 year necessity before retiring back to Costa Rica and can avoid all the additional fee's of AOS. Thanks

1 week for DCF is also fantasy. 3 - 6 months is more like it.

Yes I know, was just quoting what was said. Thanks

 
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