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Filed: 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.

You've seen all of the posts giving you time frames and a sense of the potential costs. I'm an accountant by background so with that in mind if it were me and I only had two years to retirement and I knew I was going to retire with my wife in her home country I'd take the money that would otherwise be spent on visa-related fees/AOS/etc. and instead use it to purchase plane tickets to visit my wife every 6 months. If you take the time you will actually have with her in the US before you retire and move and then look at what it will cost you have to ask yourself whether it's even worth going down that path. Suggest you create a timeline and budget and compare against the alternatives.

Again, I am an accountant...

Best of luck and enjoy time with your wife AND retirement!

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

I truly value you you're opinion and I most definetely see tour point. I believe I'm actually going to go the K-3 route because it seems that it expires within two years which falls into where i need it to be and actually it just so happens to fall with the 2 years that I need and will only need to pay for the initial I-130 and other misc fees to obtain it and won't need the AOS. I've actually been traveling back and forth every 3 weeks for the past 8 months and staying for 4 to 5 days to keep it healthy and interesting. Thanks for the info

Filed: K-1 Visa Country: Thailand
Timeline
Posted

Looking at it just from a slightly different angle. What are the intentions of the OP after retirement. Will he make any trips back to the US? If so, will he leave his wife behind?

If the OP wants to bring his wife along, it might make sense to following on of the immigrations paths. Otherwise, considering the time frames involved, it seems waiting it out makes the most sense.

Posted

Looking at it just from a slightly different angle. What are the intentions of the OP after retirement. Will he make any trips back to the US? If so, will he leave his wife behind?

If the OP wants to bring his wife along, it might make sense to following on of the immigrations paths. Otherwise, considering the time frames involved, it seems waiting it out makes the most sense.

To maintain the GC she'd get she'd have to be living in the US (maintaining her US residency). It wouldn't be a suitable path to allow her occasional short visits to the US after he has moved away for retirement.

* 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

Posted

K-3s are rarely issued anymore due to the faster processing times for immediate relative visas.

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: K-1 Visa Country: Costa Rica
Timeline
Posted

Yes, wait out the K3 and once the K3 expires in 2 years it's retirement time and won't be any need for the AOS and it's associated fees. Upon moving back to CR we'll just get a tourist visa for traveling to the US and at that point the B2 won't be a problem because we'll both be residents and living in CR. That I believe seems to be the best route at this point

Aren't the k3's associated with the I-129??

Posted

A B-2 tourist visa.

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: K-1 Visa Country: Costa Rica
Timeline
Posted

I thought the route to be followed was the 130, then the 129 as a spouse and not a fiancée, since I read that the 129 May process faster than the 130 application. And I also read that the CR1 may take as long as the 130 to be processed

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

A B-2 won't work because of her lack of ties to her country, do I was told, and I was present during the second attempt when she was denied. I thought the consular was going to approve it but denied it. I think he thought we were "romantic" cause he asked me. I don't know that if we were married and have her apply gor the B2 while I was there again if he would approve it since the i129ay no longer be etched in his mind. Just have yo figure out a way to prove we will be returning and she won't remain in the states

I guess another shot at the b2 after were married is worth a shot

Posted

As I said above, K-3s are rarely issued anymore due to the faster processing times of immediate relative petitions. If you applied for both a CR-1 and a K-3, likely the K-3 would be administratively closed by the NVC when they received both an approved I-130 and an approved I-129F for the same beneficiary.

A B-2 is probably the visa closest to what you seek, but her lack of ties to her home country, plus her marriage to you, make that a long shot at best.

An F-1 might be an option, but she'd need to enroll in classes and actually go to them during her time in the US, and it wouldn't be cheap.

In short, there's no great option for you, since you're looking to do something that most people do not want to do. People either want to live in the US permanently or live in a foreign country permanently, not some mish-mash of the two. If an F-1 and a B-2 are out of the question then I don't think you have many other options.

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: K-1 Visa Country: Thailand
Timeline
Posted

Yes, wait out the K3 and once the K3 expires in 2 years it's retirement time and won't be any need for the AOS and it's associated fees. Upon moving back to CR we'll just get a tourist visa for traveling to the US and at that point the B2 won't be a problem because we'll both be residents and living in CR. That I believe seems to be the best route at this point

Aren't the k3's associated with the I-129??

For the USC it won;t be a problem. But I would think the Non USC would still need to show strong ties to DR. Good paying job, substantial assets, etc. Coming to the US with her husband would make her a good candidate for an overstay. She would need to overcome that concern by proving substantial reason to return to DR.

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

WOW, yeah. School is out because she hardly speaks English and I'm fluent in Spanish. Humm, gonna see how I wing it. Maybe after we're married and or I decide to file the I-30 and for now I'm guessing an I-129 maybe they'll take me into consideration of her approval of a B2 along with my residency in Costa Rica as some assurance of our/her return as quoted to them. It's worth a shot

 
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