DCF Guatemala: When to Petition?

[MMorrison 0]

Hi all!

 

I'm a dual citizen (Guatemala/USA) raised in the States, and have been living/working (small business owner) in Guatemala for the last 5 years. My wife is Guatemalan. I will be receiving a job offer shortly to manage a school lunch program back in the United States, and we will be applying for a CR1 Visa, and would like to attempt to do so through DCF here in Guatemala.  

 

My wife and I had originally married in October of 2020, and did so as Guatemalans, however we followed some erroneous advice given by our lawyer, and our marriage was not approved due to myself having been born in the United States, and documentation confirming my freedom to marry being needed here in Guatemala. We now have this and have completed the final requirement imposed by Guatemala to marry, which is a publication in two major newspapers for two weeks announcing our marriage. After this two week period our local city hall will officially marry us. 

 

We are planning on petitioning for DCF filing in hopes of obtaining her CR1 Visa as rapidly as possible. I would need to report for work in August. My question is should we wait until our marriage is 100% official to write the embassy in Guatemala City petitioning for DCF or can we make this request sooner, explaining our situation? We are crunched for time, and while we are willing to be sperated for some time, we would prefer to make the move together. 

 

We have been a couple for 4.5 years, lived together for 3 years, engaged for 2 years, unofficially married for 8 months and will be officially married in two weeks. So there is plenty of history to support our case I would hope.

 

I apologize for the very long post, and greatly appreciate any insight/advice. 

 

Kindest regards,

Miguel & Zuleyma 

[Just Paul 4,595]

You need seek the consulates permission to file as soon as possible after you marry and before you leave Guatemala.  If you leave before you file then you will end up doing stateside processing.

Edited June 19, 2021 by Paul & Mary

[SalishSea 17,819]

15 minutes ago, MMorrison said:

Hi all!

 

I'm a dual citizen (Guatemala/USA) raised in the States, and have been living/working (small business owner) in Guatemala for the last 5 years. My wife is Guatemalan. I will be receiving a job offer shortly to manage a school lunch program back in the United States, and we will be applying for a CR1 Visa, and would like to attempt to do so through DCF here in Guatemala.  

 

My wife and I had originally married in October of 2020, and did so as Guatemalans, however we followed some erroneous advice given by our lawyer, and our marriage was not approved due to myself having been born in the United States, and documentation confirming my freedom to marry being needed here in Guatemala. We now have this and have completed the final requirement imposed by Guatemala to marry, which is a publication in two major newspapers for two weeks announcing our marriage. After this two week period our local city hall will officially marry us. 

 

We are planning on petitioning for DCF filing in hopes of obtaining her CR1 Visa as rapidly as possible. I would need to report for work in August. My question is should we wait until our marriage is 100% official to write the embassy in Guatemala City petitioning for DCF or can we make this request sooner, explaining our situation? We are crunched for time, and while we are willing to be sperated for some time, we would prefer to make the move together. 

 

We have been a couple for 4.5 years, lived together for 3 years, engaged for 2 years, unofficially married for 8 months and will be officially married in two weeks. So there is plenty of history to support our case I would hope.

 

I apologize for the very long post, and greatly appreciate any insight/advice. 

 

Kindest regards,

Miguel & Zuleyma 

You cannot petition someone for any spousal visa (whether DCF or via lockbox) without a legal marriage certificate.

 

 

[MMorrison 0]

Thank you for the responses and insight! This is what we had imagined, but wanted to consult prior to taking any action. 

 

Your time taken in responding is greatly appreciated!