Will this pose a problem for K-1 process?

[ColoradoSteve 29]

Hello everyone,

 

I am new to this forum, and I am beginning the K-1 visa process. I live in Colorado (US citizen by birth). My situation is as follows:

 

My fiancee currently lives and works in Costa Rica, and has for the past 8 years. However, her nationality in Nicaraguan, and she has Nicaraguan citizenship and passport. She does not have citizenship in Costa Rica. I know this is very common there, as nearly 20% of people in Costa Rica are actually Nicaraguans. She plans to return to Nicaragua at some point during the process, as she will need to work with the embassy in Nicaragua. She has already began preparing for the process by requesting important documentation from the Nicaraguan embassy in Costa Rica. Our relationship has been ongoing for the past 20 months, and I have visited her 4 or 5 times in Costa Rica.

 

At what point will she need to return to Nicaragua?

Do you think this situation will complicate the process?

 

She will quit her job in Costa Rica when she returns to Nicaragua. This will create a certain degree of hardship, as there is little opportunity for work in Nicaragua (the reason she left 8 years ago). I want to minimize risk and the disruption to her life. If the visa process fails or is delayed too long, it will negatively impact her as she will have left behind her life and job of the past 8 years in Costa Rica.

 

Thanks in advance, any help or insight from forum members about this situation would be greatly appreciated.

 

Regards,

 

Steve

[Georgia16 2,858]

She can do the process in Costa Rica since she is there legal. 

[Dashinka 24,942]

Agreed, why can't she just go through the US Consulate in Costa Rica?  The K1 process to my knowledge does not require a person to move back or only go through the US Consulate in the country of their citizenship.  Since she has been in Costa Rica for so many years, she may need documentation from the CR officials anyway.

 

Good Luck!

[KULtoATL 1,551]

29 minutes ago, Georgia16 said:

She can do the process in Costa Rica since she is there legal. 

Just enter the info on Page 8, Items 62a and 62b. Then NVC will forward her case file to CR when it's time for the K-1 stage upon USCIS' approval.

[ColoradoSteve 29]

53 minutes ago, Georgia16 said:

She can do the process in Costa Rica since she is there legal. 

This is my concern. She has no legal status in Costa Rica. I believe she entered Costa Rica 8 years ago with a tourist visa, and never returned home. Will this cause any problems? How best to handle it? My fiancee believes it will be necessary for her to return to Nicaragua.

 

As I said, this is nothing unusual in Costa Rica. Estimates are that there are well over 500,000 Nicaraguans there in a similar situation.

[Transborderwife 4,666]

7 minutes ago, ColoradoSteve said:

This is my concern. She has no legal status in Costa Rica. I believe she entered Costa Rica 8 years ago with a tourist visa, and never returned home. Will this cause any problems? How best to handle it? My fiancee believes it will be necessary for her to return to Nicaragua.

 

As I said, this is nothing unusual in Costa Rica. Estimates are that there are well over 500,000 Nicaraguans there in a similar situation.

Yes, return to Nicaragua 

[Georgia16 2,858]

11 minutes ago, ColoradoSteve said:

This is my concern. She has no legal status in Costa Rica. I believe she entered Costa Rica 8 years ago with a tourist visa, and never returned home. Will this cause any problems? How best to handle it? My fiancee believes it will be necessary for her to return to Nicaragua.

 

As I said, this is nothing unusual in Costa Rica. Estimates are that there are well over 500,000 Nicaraguans there in a similar situation.

Then yes she will have to return home. Before she leaves she might want to get a police clearance from CR. I have no idea where how she will get that as being there illegal but for the interview you need a police clearance from the countries you have lived in.

[Randyandyuni 2,682]

call the embassy and find out the definitive answer

[**Celeste** 10]

9 minutes ago, Randyandyuni said:

call the embassy and find out the definitive answer

This is completely unnecessary. She's not a legal resident of Costa Rica so, as Transborderwife & Georgia16 confirmed, she must return to Nicaragua for her interview. I also agree with requesting a police certificate before leaving because we already know she will be asked for it.

[Randyandyuni 2,682]

19 minutes ago, **Celeste** said:

This is completely unnecessary. She's not a legal resident of Costa Rica so, as Transborderwife & Georgia16 confirmed, she must return to Nicaragua for her interview. I also agree with requesting a police certificate before leaving because we already know she will be asked for it.

I posted this because she has gotten completely opposite answers in her thread;when in doubt, go to the source rather than well meaning non-experts.

[geowrian 22,338]

1 minute ago, Randyandyuni said:

I posted this because she has gotten completely opposite answers in her thread;when in doubt, go to the source rather than well meaning non-experts.

She hasn't received opposite answers...?

Before the OP disclosed the lack of her legal status, the responses were that she didn't need to return home. Once the lack of status was discovered, the responses were that she does need to return home. Those aren't in conflict with each other...just different based on new information.

[Randyandyuni 2,682]

23 minutes ago, geowrian said:

She hasn't received opposite answers...?

Before the OP disclosed the lack of her legal status, the responses were that she didn't need to return home. Once the lack of status was discovered, the responses were that she does need to return home. Those aren't in conflict with each other...just different based on new information.

thanks! I stand corrected, I missed that,

[Greenbaum 12,260]

PC information:

 

Police Records

Available. In order to obtain a Costa Rican police certificate, applicants should go to the offices of the Judicial Registry in San José and request the document "Certificado de antecedentes penales para trámites internacionales". The address of the Judicial Registry is the following: Edificio Anexo A, Poder Judicial, primer piso, avenida 6, calle 19, costado norte del OIJ. Days and hours of operation: Monday through Friday from 7:30a.m. to 12:00p.m. and from 1:00p.m. to 4:30p.m. The Costa Rican police certificate is issued to applicants who are 18 years of age or older and has to be requested directly by the applicant.

The Costa Rican police certificate is generally issued the same day it is requested and has a validity of three months.

Applicants residing abroad should contact the nearest Costa Rican Consulate to request a police certificate.

 

https://travel.state.gov/content/visas/en/fees/reciprocity-by-country/CS.html