illegal immigrant - Costa Rica - can he stay? [Archive]

gocards1016

07-19-2007, 10:28 AM

Florida.
I have met someone whom I have fallen in love with and we wish to marry. The problem is he is from Costa Rica and he entered the U.S. illegally several years ago, after he returned from his 2nd visit to the U.S. 2 months past his VISA allowed (it was a 6 month VISA and he returned to Costa Rica after 8 months and was told he would not be allowed to apply for another VISA). He then entered the U.S. illegally (via Mexico) and has been self employed for 6 years and has supported himself financially since. He has not had any issues with the law what-so-ever.
I am a single mother, I have a 10 year career in the U.S. with the same company, and a home. It would be a financial hardship for me to consider leaving the country to live in Costa Rica.
We would like to know what options, if any, we would have for us to Marry and for him to stay in the U.S. and what would we need to do in order to make sure we go about this the correct way?

MistyB

07-19-2007, 02:47 PM

He will have to file the 601 I believe. He will at one point have to return to Costa Rica while the waiver is being deliberated. Anyone correct me if I am wrong on this.

joy&pain

07-19-2007, 03:11 PM

First you would have to file the application for a fiance visa petition(I-129f) or if you go ahead and get married now, you file a relative (spousal) petition called I-130. That takes about 8 months or so to get approved. Look at www.uscis.gov website to print off the applications. The petition prices are going up at the end of this month, by the way.

Then after 8 months or so, the petitions get forwarded to the National Visa Center and you have to fill out several forms from them. (Come back to us when you get to that point, so we don't overwhelm you with ALL the details at this very moment). That can take a couple months for the NVC to complete the process and then they will forward everything to the American Consulate in Costa Rica where they will schedule your loved one an appointment for a Visa. At this appointment he will be denied and we be given an opportunity to file 2 waivers, (I-601 and I-212). The I-601 for entering without inspection (EWI) and the I-212 for permission to reapply for a visa.

In the meantime, Most people have their spouses wait with them until an appt is scheduled in their Home Country... You still run the risk of being deported at anytime, however...

I hope this helps... Ask as many questions as you need to and we'll try to help.

gocards1016

07-19-2007, 05:17 PM

Joy & Pain,

Thank you! If I may ask a few more questions....
1. Is it better than for us to go ahead and get married? Does that assists in the process or make anything move quicker? (filing the Fiance form vs. the marriage form)?
2. Once we get married and file the forms, can he then obtain a drivers license and put his business in his name? (currently under a friends name who is a U.S. Citizen and we have to pay him monthly for this service - he did this prior to meeting me).
3. You said it could take 8 months for the Visa appointment to be scheduled and he would be denied the visa and would have to then file the waivers. Does he then have to stay in Costa Rica during this time period and if so, is there a "typical" time that this may take? (weeks, months, years?)...
4. If he has never had any issues with the law, nothing at all, he is a hard working contributing citizen (has been in the U.S. for 6 years - has his own business and does very well for himself - he is not looking to live off me or anyone) Do you think the chances of him being allowed to stay with me in the U.S. are fairly positive?
5. I need to ask him when he came in via Mexico if he was fingerprinted - if he was, or if he was not - does this make a difference?

Thank you again for everything!

emt103c

07-19-2007, 07:06 PM

Are you saying he WAS inspected when he came in to the U.S. through Mexico this last time?? That would change things quite a bit.

Answers

#2--Filing the forms would not make him eligiblefor a driver's license, he has to be present legally and HAVE the visa.

#3--This depends on how long the processing of the I-601 and I-212 take, months is the general answer I don't have Costa Rica specific numbers but in general these forms take anywhere from 6-14 months to process.

#4--If he entered without inspection, you will have to prove "Extreme Hardship" to yourself for his inability to return or your inability to move, see the examples on the stickies of this section of the forum. The length of time he's been here works against him, but it is definitely NOT impossible. There are several factors (such as being a single mother) that will help you prove hardship to yourself.

#5--Makes a BIG difference. If he came through the Mexican border legally (with inspection) the entire process is different for you.

joy&pain

07-19-2007, 07:19 PM

Joy & Pain,

Thank you! If I may ask a few more questions....
1. Is it better than for us to go ahead and get married? Does that assists in the process or make anything move quicker? (filing the Fiance form vs. the marriage form)? I only have experience as a spouse, not as a Fiance doing this process, so maybe other people filing I-129 & waivers can comment on this question...
2. Once we get married and file the forms, can he then obtain a drivers license and put his business in his name? (currently under a friends name who is a U.S. Citizen and we have to pay him monthly for this service - he did this prior to meeting me).
No, marrying him does not make him eligible for a license. The business maybe able to be put in a Tax ID Number now, and you can stop paying this person for the use of his services :confused:, but not sure...

3. You said it could take 8 months for the Visa appointment to be scheduled and he would be denied the visa and would have to then file the waivers. Does he then have to stay in Costa Rica during this time period and if so, is there a "typical" time that this may take? (weeks, months, years?)...
It took us 8 months just to get approval on the petition... and then another 8 months to get an appt at the Embassy... check with others who have been through the process in Costa Rica on this site, because that may give you a better idea.
4. If he has never had any issues with the law, nothing at all, he is a hard working contributing citizen (has been in the U.S. for 6 years - has his own business and does very well for himself - he is not looking to live off me or anyone) Do you think the chances of him being allowed to stay with me in the U.S. are fairly positive?

He will not be able to stay in the US no matter what because you cannot adjust his status within the US since he is considered an EWI.
5. I need to ask him when he came in via Mexico if he was fingerprinted - if he was, or if he was not - does this make a difference? Was he caught crossing the border into Mexico? If so, he was most likely fingerprinted...
Thank you again for everything!

Hope that helps... you're are in for a long road, but it is doable!

gocards1016

07-20-2007, 01:42 AM

Hi Joy & Pain (by the way - love the song!) -
Sorry not sure how to put the reply into the same paragraphs the way you did below so bare with me as I try to answer all your responses, and of course I have more questions...this is all so confusing. He had someone tell him there was absolutely no way for him to stay and that he would be banned for 10 years... :( -
1. From all the other threads I've been reading it almost seems as though if you are married vs. just being engaged, it may be a bit of an advantage? You suggested I ask the other people on the threads - meaning just post the question as a separate thread?
2. Could the business then be put into his and my name? Or only mine?
3. It took you 8 months on the approval and 8 months on the appt....? If this is the case, does that mean he would have to leave the country during this time frame, or only to attend the appt meeting? Once again though - he would face deportation at any time, correct? What would cause him to be deported, if you can provide just an example or two?
4. You stated he would not be able to stay in the U.S. no matter what? You've confused me on this one.... do you mean when he goes for his appointment? or do you mean during the "waiting time" - (such as the 16 months you referenced you had to wait)...
5. Is it better to have been caught and fingerprinted? He was NOT caught, nor was he fingerprinted.
6. I have been with my company for 10 years, I have an established career, just bought a house 2 months ago, have a 16 year old daughter, currently a single mother. It would be near impossible for me to leave, I would have to leave my job, sell my house and try to get permission from my daughters father to leave the country with her....(not happening there - he would fight me with everything he had) - so it would indeed be an extreme hardship for me to leave and move to Costa Rica. My fiance has a very established business (even though not in his name) of almost 6 years, he does very well with it and it would be an extreme hardship for him as well as he would have no job to go back to at Costa Rica.

Laura

07-20-2007, 03:00 AM

When you have to write the letter to accompany your I-601 (waiver for the unlawful presence, which will have to be turned in when your fiance/husband go to his visa interview in Costa Rica - or wherever Costa Rica gets adjudicated) you will use all the stuff you just mentioned in #6. The fact that you have a child from another relationship that you could not take from the U.S. is an excellent example of an "extreme hardship."

Basically, the fact that your fiance, the immigrant, has ties to the U.S. and a business, etc, has almost no bearing on your case. They only care about hardship as it applies to the USC.

As the others said, filing the I-130 has no bearing on his unlawful presence, although you could certainly transfer the business into your name, and use that as an additional hardship (probably a really good idea!) Whether or not you can put his name on it, having a business in your name and stating that you run it together and NEED him in the US to keep it running is a good additional hardship.

In any case, at some point, unless the pilot program is put into practice in Costa Rica (see the I-601 - Mexico area), your fiance/husband will have to spend between 6 and 12 months out of the U.S. while you wait adjudication of the waiver. Hopefully someone will chime in with some Costa Rica waiver timelines. Good luck!!!

kitkat1

07-20-2007, 03:03 AM

1. From all the other threads I've been reading it almost seems as though if you are married vs. just being engaged, it may be a bit of an advantage?

According to the law, 601 waivers are available to both fiances and spouses. That said, it may be easier to prove "extreme hardship" as required when you are married.

2. Could the business then be put into his and my name? Or only mine?

This seems like a question for a lawyer

3. It took you 8 months on the approval and 8 months on the appt....? If this is the case, does that mean he would have to leave the country during this time frame, or only to attend the appt meeting? Once again though - he would face deportation at any time, correct? What would cause him to be deported, if you can provide just an example or two?

Petition processing times vary based on which service center you are required to file with. Once a petition is approved, it passes through the National Visa Center and then to the consulate. How long it takes to get an appointment depends on their backlog. I would check their website for more information or email them directly. While you wait for his appointment he is deportable. Any number of things can happen -- stopped while driving, random check for papers on a bus, company raid, etc.

4. You stated he would not be able to stay in the U.S. no matter what? You've confused me on this one.... do you mean when he goes for his appointment? or do you mean during the "waiting time" - (such as the 16 months you referenced you had to wait)...

He cannot adjust his status in the US, meaning he cannot change his status to something legal in the US without first going through consular processing and waiver adjudication.

5. Is it better to have been caught and fingerprinted? He was NOT caught, nor was he fingerprinted. Doesn't make a difference - both you and he are required by law to tell the truth on all forms.

6. I have been with my company for 10 years, I have an established career, just bought a house 2 months ago, have a 16 year old daughter, currently a single mother. It would be near impossible for me to leave, I would have to leave my job, sell my house and try to get permission from my daughters father to leave the country with her....(not happening there - he would fight me with everything he had) - so it would indeed be an extreme hardship for me to leave and move to Costa Rica. My fiance has a very established business (even though not in his name) of almost 6 years, he does very well with it and it would be an extreme hardship for him as well as he would have no job to go back to at Costa Rica.
These are all thing you will use in your hardship letter

Start by reading about the Fiance Visa process:

http://travel.state.gov/visa/immigrants/types/types_2994.html

http://www.familybasedimmigration.com/forum/forumdisplay.php?f=2

gocards1016

07-20-2007, 07:09 AM

kitkat1

07-20-2007, 08:51 AM

He cannot adjust his status in the US. He will be in his home country during the adjudication of the waiver and will have to make other arrangement for his business while he's gone. (no, it doesn't matter at all - there are countless women who have gone through entire pregnancies and births without their husbands).

If he was caught and fingerprinted and turned around, it's often called "catch and release" and just means that he was caught on an attempt to enter, but was not deported. This usually means no 212 waiver is required.

Adriane

07-20-2007, 09:10 AM

I'm afraid Kitkat is right- he must leave the country to adjust his status.

Yes, your business will suffer- but again, that is an unfortunate part of the process. We've been out of the US for almost 2 years now, waiting. And our lives, careers, credit, savings, etc., have suffered, too.....

You'll find a lot of support here, most of us are going through the exact same process. Good luck!

Laura

07-20-2007, 02:20 PM

The thing is, if he has to spend 6 to 12 months out of the U.S. the business will suffer. It is a flooring business, without him there is basically no business. The other guys are there to help him (assist) by doing the cuts, mixing the concrete, etc.... he is the one who actually lays the floor/tile/stone. He is actually quite good at what he does and is in high demand. Does this matter at all?

No, it doesn't matter at all, in fact, his hardship is not even looked at during the waiver process. I'm not trying to be harsh, just honest, as are Kitkat and Adriane. I do hope that this sort of BS unites and motivates some people to work toward fair, compassionate immigration reform.

I was asking about the fingerprinting thing because in an earlier thread one of the other members asked me if when he crossed the border was he caught and fingerprinted. He was not. I didn't know exactly why I was asked that or if /what difference it made? Can you advise on this?

In your case the fingerprinting or not doesn't matter. You need a waiver, and he's not eligible to adjust in the U.S.

joy&pain

07-20-2007, 04:41 PM

Sorry to confuse you and say he cannot stay in the US, what I should have said was that he cannot adjust his status without leaving the US.

You have some strong arguments for proof of extreme hardship...

gocards1016

07-20-2007, 04:59 PM

With the fact that he "is" the business, meaning without him there is not a viable business. We can put the business in my name, but he is the one who lays the floor, and without him there is no one to do this work and therefore the income would go away....would that not show extreme hardship to me if it were to take away income?
Also - I found this on line last night while I was looking up the I-160 form this information - it says if you are married in Mexico that you can then file there - read this info and tell me if you think It makes more sense to do this? Would he then be eligible for the new pilot program in Mexico?
"If the marriage of the beneficiary to the US citizen took place abroad, the visa must be issued in the country where the marriage took place. If the country does not have a consular post, the beneficiary must apply at the consular post designated by the Deputy Assistant Secretary of State for Visa Services to accept immigrant visa applications from nationals of that country. If the marriage took place in the US the applications must be filed in the country of residence of the alien spouse."

Laura

07-20-2007, 05:11 PM

This would be an excellent question for Laurel. I think he would have to become a resident of Mexico though for a year or something, but I'm not sure. I don't think anyone here has actually done this.

If you can, maybe pay $100 for a consult with Attorney Laurel Scott (visacentral.net) who can help you through a little more of the process you will need to follow for the I-601 and can possibly shed more light on the Mexico option. In theory, if you could file through CDJ instead of Costa Rice, he could take advantage of the pilot program.

Yes, the business falling apart and you losing the income is a hardship. Anything that would cause you, the USC, extreme hardship is fair game.

Pinkpig

07-20-2007, 06:32 PM

Also - I found this on line last night while I was looking up the I-160 form this information - it says if you are married in Mexico that you can then file there - read this info and tell me if you think It makes more sense to do this? Would he then be eligible for the new pilot program in Mexico?
"If the marriage of the beneficiary to the US citizen took place abroad, the visa must be issued in the country where the marriage took place. If the country does not have a consular post, the beneficiary must apply at the consular post designated by the Deputy Assistant Secretary of State for Visa Services to accept immigrant visa applications from nationals of that country. If the marriage took place in the US the applications must be filed in the country of residence of the alien spouse."

Laurel did mention this as one of the things that she looked up after she came back from the AILA conference. She posted the information about this but those posts are lost on the old site...so definitely this is something that you should ask Laurel about the specifics of. You can ask her on her chat on Wednesday or do a consult with her for around $100.

I do recall at least one person on the site doing this. It was BrentK, who filed for medical waiver and married in I believe Barbados. Sadly all of his posts are lost as well. I believe his wife was Russian.

So yes this is worth researching about. I think it is possible. I just do not know the specifics. But be aware if he leaves the US again he will not be allowed back into the country until he has a legal visa. If he attempts to re-enter the country again illegally he will be barred for life, since he has over 1 year of illegal presence. Re-entering the US after 1 year of illegal presence will result in 9C.

gocards1016

07-20-2007, 06:46 PM

joy&pain

07-20-2007, 06:53 PM

How do you chat with Laurel on Wednesday's?

Under the Mexico I-601 section of this site, there is a thread titled Laurel Scott Chat Logs and it also has a thread called "how to get to the chat". Also, her website I believe is visacentral.net and you can get to the chat from there also.

You may find some valuable information from the old chat logs.Read through those as well.

Pinkpig

07-20-2007, 07:02 PM

Yikes, then leaving to go to Mexico may not be the best option either, unless he could take advantage of it and if it would work quickly.
The biggest issue is obviously being together, doing this the correct way, doing it the most efficient way and doing it in a way that we won't lose the business as it is part of what supports us.
How do you chat with Laurel on Wednesday's?

Yes, and Mexico does have the pilot program but it may be doubtful that you would be immediately approvable given your history with immigration. So If you went to Mexico to be married and then filed the spousal petition you are looking at quite a long time out of the country.

It sounds like your quickest way would be to file the fiance visa petition now and then when he gets the interview in Costa Rica he would go there, be denied the visa and be required to file the 601 waiver package (if he is eligible for it...this is something that if I were you I would verify with Laurel before you do anything). Then he would have to stay out of the US while you wait for a decision on whether your waiver package has proven hardship to you the USC.

If everything goes perfectly, he probably will have to be out of the country anywhere from 6 months to 12 months.

This is not a quick process...

Have a read here for more information as you research your options...

http://www.humanrightsattorney.com/sub/index.jsp;jsessionid=96DD999CDB2FFC0C33FE824CFB158 DFF?contentid=Z4RZmj62Bje6E0mtMENZUCkL

gocards1016

07-25-2007, 05:59 AM

Boy there is just no easy way for this, which is so sad as there are so many good people out there who totally deserve for this to be easier.
I really appreciate all the input you all have given me with this. I am going to see about discussing this further with Laurel.
Thank you all very much - I will keep in touch and I will read the blogs daily in the event there is new updates that I am not aware of.
You guys are all great, thank you!

alyssa

07-25-2007, 12:06 PM

Fingerprinting makes a HUGE difference....my fiance came illegally thru mexico (from Costa Rica) in 2000 and he was fingerprinted......when in costa rica and applying for his work visa the fingerprints were detected on the computer (they just recently upgraded the system) now hes got the 10 year bar on him!!!!!
I suggest your boyfriend does NOT go back to CR......once he's there it is harder to get him back (i don't want ANYONE to deal with the pain i am suffering now) I don't know much about immigration but if i were you i would hire a good lawyer and hear what they have to say!!!!

Laura

07-25-2007, 02:15 PM

Gocards - I know you had lots of questions, just a reminder that Laurel's chat is today in a little less than three hours!

kitkat1

07-25-2007, 04:38 PM

alyssa

07-25-2007, 11:50 PM

kit kat i may have worded that wrong. Because of the fingerprints they were able to catch him then they put the 10 year ban!!!

kitkat1

07-26-2007, 12:19 AM

kit kat i may have worded that wrong. Because of the fingerprints they were able to catch him then they put the 10 year ban!!!

Even without fingerprints, they would know because it is illegal to lie on any of the forms. (Each form has information on penalties of perjury/fines/imprionment, etc. for lying). It's a HUGE risk and could result in misrepresentation - a very difficult situation.

So it wouldn't matter - you have to tell the truth so they would know. Even without fingerprints, it's not too hard for them to figure out. All they have to do is ask for proof of the applicant's life in their home country such as paystubs, phone bills, light bills, receipts, etc. Of course the applicant wouldn't be able to provide anything because he wasn't living in his own country at the time. In addition, there is almost always a paper trail in the US.

gocards1016

07-27-2007, 06:44 AM

We don't want to do anything that is going to cause misrepresentation or fraud. I was not able to make the chat today as I had scheduled appointments with clients out in the field today - so I am going to try and make next Wednesdays chat.
I also read on Laurel's website where even if the person was illegal they could apply for a tax id number and pay taxes - thus adding one more plus to the whole story of why the person should be allowed to stay in the U.S.
My boyfriend (as stated before) has his own flooring business and does very well with it - I think this would be a great thing for him to do - then he could show that not only does he want to stay in the country and be a good law abiding citizen - he also pays his taxes! :)
Maybe between that and between the fact that he "is" the business and without him there is NO income - and all other factors - (such as my being with the company I work for now 10 years, owning a home, being a single mother currently) there is really no way for me to move and it is better for him to stay in the U.S. and continue to help support myself and my daughter and also to continue being a good law abiding "tax paying!" citizen.
Have any of you heard of this - or heard if this actually helps?
Thanks again!

Laura

07-27-2007, 04:22 PM

Gocards - fingerprints or not, unless you are going to try and cover up the fact that he ever lived in the U.S. (which is obviously impossible) you are not going to avoid the 10-year ban and the need for a waiver. Because he didn't enter on a visa, the only other option really is that he EWI, there isn't any way to hide that.

Alyssa who commented above admitted she doesn't know much about immigration. Of course once you EWI into the U.S. and are caught you are not going to be able to get a work visa, besides the fact that a fiance has immigrant intent, and therefore she should be filing the I-129F for him and filing a waiver of the 10-year bar.

While I completely understand your desire to make sure he doesn't leave the U.S., the fact is that anyone who EWI has to go through consular processing, ie. they are not eligible to adjust their status in the U.S. I'm not trying to make you feel bad, but there are plenty of people on this and other sites that have suffered severe financial stress because of these separations but the law is the law. Most of our spouses have filed taxes with an ITIN as millions of undocumented immigrants now do, and a number, like your boyfriend, have their own business. You are not the first, and certainly not the last to think this is horribly unjust, but it just is what it is.

It would be best if you can figure out a way to support yourself on just your income while he is gone, or just keep waiting this way until the laws change.. but who knows when that will happen....

gocards1016

07-30-2007, 05:54 AM

Should I encourage him to go ahead and file for the ITIN number? Does this help to show those who make the decision on whether or not to allow him to stay that he does want to do the right thing and he does want to be/stay a good citizen of the U.S.?
I guess what I am looking for is what are the things we should focus on - the positive things to make sure that this process is as quick as it can be (understanding each case has it's own lifeline)....but making sure we are doing the things we should be doing to help make this process as painless as possible.
I am sure with all the experience on this blog site that there are things we absolutely should be doing to make our case as strong as possible, vs. things that would not be looked favorable upon?
I am not in disagreement that others have suffered. Of course, I wish that was not the case and it makes me sad to hear this from so many people. I just want to make sure we take the experience that you who have suffered are given and we do what we can to make sure we are "dotting all I's and crossing all T's - so to speak"....meaning we do as many of the right things and as few of the wrong things as possible so we can get through this as quickly as possible.
Thank you again!

Coventrated

07-30-2007, 03:55 PM

He has an ITIN number, you said he has been paying taxes and he could not without one.

You can make sure you document your relationship, photo's, letters joint bills, bank accounts, life insurance etc etc.

But it takes as long as it takes and that has already been covered.

gocards1016

08-02-2007, 09:14 AM

I am sorry I did not mean to elude to the fact that he DID have the ITIN number. He does NOT yet. I was simply saying he wants to be a tax paying law abiding citizen.
I alos realize it takes "as long as it takes".... just trying to get a better handle on things as most of the posts wrap around people who are from Mexico and they have the advantage of the "Pilot program" that is going on.
My boyfriend is from Costa Rica - I have looked for timelines and other blogs from anyone who may be in the same situation and from a country other than Mexico (which has the pilot program).... It would be great if he was from there as we could take advantage of the program, but he is not.
Is there anyone who can help me with the fact that he is from Costa Rica and give me some ideas on the % rate from there?
Also - is it better to go ahead and get married or should we file the finace forms instead. I have seen blogs on both and originally thought by being married this would be better - but now I am thinking it is faster if we are only engaged?
One last thing - am I correct in the aspect that he can stay in the U.S. until the "interview"....which can take up to XXX??? months typically? And then once he goes for the interview he will have to leave, and once again - does anyone have any experience with Costa Rica vs. Mexico in order to give at least a little better ideal of the time frame he will have to be out of the U.S. - rather than giving me "it takes as long as it takes and that has already been covered" for an answer?
Once again - just to recap:
1. He has been in the U.S. for 6 years
2. He was here on a VISA legally - he overstayed by 2 months - went home and they stamped his VISA so he could not return due to the overstay (now he knows he should have just stayed in the U.S. - but too late now)
3. He entered the U.S. via Mexico illegally
4. He was not stopped/caught/fingerprinted
5. He has his own business - it is NOT under his name currently (we want to change this obviously and get that resolved)
6. He does NOT have an ITIN number
7. He has never been arrested, no legal issues what-so-ever
8. I have a house, I am a single mother (daughter can not leave the country to live overseas without her fathers permission - no way will he let this happen), I have 10 years with my current company
9. I make 6 figures for income - he also does very well with his business - so it would be a mutual hardship if we had to leave the U.S. - I could NOT move my job to Costa Rica - so that income would be gone, I would have to sell my house - he would not have the potential for his income in Costa Rica - he would lose his business as he is the one who does the laying of the floor - the other guys just do the "grunt" work - i.e. they mix the thinset, or make the cuts while my guy does all the actual design work and laying of the floors. So basically if we had to go - we would lose 100% of our income, lose his business, lose my house, I would have to leave my daughter behind and we would have basically nothing if we had to leave...vs. being a attribute to society and pumping our income right back into the U.S. economy.
10. I believe we are going to contact Laurel - I just wanted to run all of this by you guys one last time in the hopes that you could better direct me to an idea of whether you have talked with anyone from Costa Rica vs. Mexico and what their experience was.
Thank you all - you are all wondeful to talk to.

Laura

08-02-2007, 02:18 PM

Gocards - Good idea to contact Laurel - I was going to say ask in her chat about her experience with Costa Rica, but you could do that if you consult with her. Maybe Pinkpig has others who went through CR on her master list, I just can't think of anyone.

Generally, yes, it will be faster if you pursue the fiance route. You will get your interview faster and start the separation process faster. If for some reason you want to slow the process down, you could get married and file the I-130, which will take longer to be approved. Either way, he will have to remain out of the U.S. during the waiver adjudication, it just depends if you want that to happen sooner or later.

The ITIN is not a make or break it situation. Of course it looks good that he has filed taxes, but it's not a requirement. Because of what you mentioned about your daughter and your job it seems like you have good hardships. In particular the fact that your ex would never let your daughter leave the U.S. is a strong argument. I'm not sure they are really sympathetic to losing an affluent lifestyle, although, for example, I argued that my college education and all the opportunities I was so fortunate to have growing up in the U.S. would be a big disillusioning waste were I forced to move to Mexico.

gocards1016

08-02-2007, 04:40 PM

Hi Laurafern11 - thanks for the reply. In the discussion regarding the income I was trying to show that the hardship would be from having the ability to own a home, have vehicles, pay the bills would all go away....neither of us would have a job in Costa Rica - and I am sure if we could find jobs it would not be near the ability of opportunity that we have here thus it would be an extreme hardship - would it not? And on top of that - with the real estate market the way it is - I can not imagine my house would sell anytime soon - right now where I live (although a large city) homes are sitting on the market for 12 months easily due to the economy and the housing market.
One thing you said is the fiance route is a faster route - why is this? You would think the marriage one would be?
Also one last thing - please tell me if you think this is something that would throw a curveball into the situation. I am 15 years older than my boyfriend. I know when it's the other way around and the guy is older it's no big deal and everyone just overlooks it...but when it's the girl older than the guy everyone raises their eyebrows and they question it. Everyone says I look much younger than I am - and I certainly don't act my age (haha) - I can easily pass for someone 8-10 years younger than myself and he looks a bit older than he is so really you wouldn't know there was that much of an age difference unless we told you our ages..... but as I have been reading especially with the interview process - I am sure this will be something that is questioned. We get along great though and we have so much fun together - we just "mesh" very well and we have a lot of chemistry - it's funny because even the people around us think we are like two kids in love......
I think talking to Laurel is a great idea by all means - I fully intend on doing that - I just though it was a good idea to have a strong footing on what you guys were saying as it seems there are some very experienced and very knowledable people on this site. I have been on many other sites and none of them compare to what this site offers.
It sure would have been nice if Bush's immigration bill would have not been slammed down last month - it's nice to see someone in politics actually wants to make a difference...and then of course it's squashed. ugh.

Laura

08-02-2007, 05:07 PM

I'm sorry, but Bush's immigration plan was a disaster! Sure, many of our husbands might have qualified for the "Z" visa, but the changes to permanent residency using the point system would have probably prevented many of them from ever receiving permanent residency. It heavily favored the wealthy, educated elite over the American tradition of welcoming hard-working, if less educated immigrants. A bunch of garbage! But that's for another thread. Sorry, rant over.

I'm not trying to saying that losing your lifestyle is not an ACTUAL hardship, clearly it is, but if you look at Laurel's memo (at www.visacentral.net) you will see that at many consulates, those problems are not taken into account. Also, the age difference might mean they will scrutinize your relationship a little more, but that just means you will need some more proof of your relationship. It's not something to be too stressed by.

The fiance visa process requires that you file the I-129F, which takes less time to process than the I-130. From the time a person files an I-130 until their interview can be around 18 months. An I-129F is 6-8. It probably depends on the Consulate as well. Another good question for Laurel.

gocards1016

08-03-2007, 02:09 AM

Hey there Laurafern11 - thank you again for all of your help - I will check out Laurels website in more depth and look at her memo.
I guess I was just figuring (with Bush's plan) that at least someone was doing something to help vs. ignoring and doing nothing. :(
If you hear anything more about the dealings with Costa Rica or the time frames - will you give me a shout?

gocards1016

08-03-2007, 02:12 AM

kitkat1

08-03-2007, 03:25 AM

Hey there Laurelfern11 -
When you say 18 months - do you mean for the whole process or do you mean that is how long he would have to be out of the U.S.? I had thought he wouldn't have to leave until it was time for his interview, is this correct?

A fiance petition would likely be approved sooner than 6 months. But you have to consider all of the other parts. After approval, the petition passes through the NVC (could be another month) and then to the consulate. How long it takes to get their fiance packet and return everything and until they have a visa appointment depends on their backlog. He can stay until the interview date. But the time he will be required to spend out of the country during the waiver processing varies by country. If you can't find any information on fiance processing times there, hopefully Laurel will have some experience.

Based on what you've posted, the fiance route is probably the best way to go, but be aware of all of the additional paperwork and fees required after the visa is issued and you have married. There is also wait time for a work authorization document. Take a look at the flowchart and guides here: http://www.familybasedimmigration.com/forum/k1flowchart.php

The age issue may come up but I wouldn't be too concerned about it. You'll want to make sure that he has lots of relationship evidence and proof at his interview and is prepared to answer any questions about it.

gocards1016

08-03-2007, 05:39 AM

gocards1016

08-03-2007, 05:49 AM

Hi Kitkat1 - never mind the previous question - I just found the answer - seems like it is really more for people who are set up to be married due to tradition or something.

It did not distinguish between EWI and those who overstayed or entered legally..... do you think there will be more issues with the fact he is EWI?
He and I were talking last night and boy hindsite is 20/20 - he said he thought it would be better to go back to Costa Rica (when he did originally) rather than overstay... thought that would be more forgivable..... you would think - wouldn't you - but no he (and others like him) are given a harder time by originally doing the right thing by going back to their home country in hopes that they can come back.... then they get the reality check. :(

Also - if you had to make an educated guess - how many months do you think we need to be prepared for him to be out of the country once he is called for the interview process?

I read on another immigration website earlier tonight that if the alien's "home country" has a "low percentage" of approvals - we should look to marry in a different country that has a better percentage of approvals and that is where we can file to based on getting married there - and that is where he would go through the process - instead of his home country.

Is this something you have every heard of - and if so - do you think it is possibly an avenue we sould look into?

Thanks again!

Coventrated

08-03-2007, 05:59 AM

he also pays his taxes!

Hence my confusion.

I do not believe Costa Rica is a low percentage of approvals, I think they are talking about somewhere like Athens.

The 'normal' time line, ex Mexico, is about a year for a waiver.

You should look into his taxes, IRS are much less forgiving than USCIS. I do not know if you become jointly liable on marriage.

gocards1016

08-03-2007, 06:06 AM

Coventrated -

What do you mean by "You should look into his taxes, IRS are much less forgiving than USCIS".

Do you mean we need to get him an ITIN number right away?

He currently has his business under someone elses' name - but he has to pay this person a "fee" for doing this (basically I think this person is just taking advantage of him)....
He is bonded and insured but it is all under this other person who the name of the business is under.

pen1137

08-03-2007, 06:32 AM

USCIS will look much more favorably on someone who's been paying taxes. if those taxes are being paid under some other name, then there is no credit to you/hubby.

cov, i think laurel said in a recent chat if there is one govt entity to be more worried about than USCIS, it's the IRS. i could be wrong, my personal experience isn't that way...

aussiewench

08-03-2007, 06:36 AM

Kitkat1 -
Thanks for the info - it does seem like this route may offer more hope to us. That is always nice to see a light at the end of the tunnel (if you can call it that)....
What does the flow chart mean by this statement? "Evidence of having met in required 2 year period"? Are there specific dates or timeframes that we have to date? This is something I had not yet seen anywhere.

Thanks!
Evidence of having met in person in the two year period prior to filing the I-129F for a fiance(e) is one of the requirements of filing the petition.

I read on another immigration website earlier tonight that if the alien's "home country" has a "low percentage" of approvals - we should look to marry in a different country that has a better percentage of approvals and that is where we can file to based on getting married there - and that is where he would go through the process - instead of his home country.

Is this something you have every heard of - and if so - do you think it is possibly an avenue we sould look into?

Thanks again!
If one will be applying for a K-3 spouse visa, the interview will take place in the country where the marriage took place.

From the I-129F Instructions under the heading 'How Do You Use This Form for Your Spouse Seeking Entry With a K-3 Visa?'

The LIFE Act requires applicants to apply for a K-3 visa in the country where their marriage to the U.S. citizen petitioner occurred. Petitioners should make sure to identify the appropriate consulate, in the same country where they married the alien for whom they are petitioning, in Block 20 to avoid lengthy delays. In the event the petitioner and alien were married in the United States, they should list the country of the alien's current residence. See U.S. Department of State regulations at21 CFR 41.81.

Keep in mind that there can be pitfalls to marrying in a country outside of the country of residence to benefit from a shorter time in having the interview scheduled, e.g. attending the medical, Consulate Officer being unfamiliar with any customs, language, documentation etc.