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I am legally married to a Tica. We got married civilly in February. I thought that with marriage the process for residency would be easier. I went to immigration in San José and they gave me a list of tasks almost identical to the list you would need if you were not legally married. Has the process changed with the new immigration law? This is very frustrating because there is a lot of conflicting information out there. Can anyone lend some clarity?
Thanks!
CarlosAn excerpt from [url=http://costaricalaw.com/index.php?option=com_content&task=view&id=21&Itemid=41]The spouse of a Costa Rican citizen[/url] [b][i]
“Under the new law the spouse of a Costa Rica citizen will be given Temporary immigration status for one year and renewable for additional one year periods so long as the immigration authorities do not determine that the marriage is a sham. After 3 years of marriage and with Temporary Residency status then the spouse may apply for Permanent Residency”[/i][/b]Which I presume…and know I shouldn’t…is that one cannot legally work, unless you have a work visa.
More info…
[i]The Spouse of a Costa Rican CitizenThe procedure by which a Spouse of a Costa Rican citizen may process residency is one of the significant changes in the new immigration law.
Under Article 73 and 79 (1) of the new immigration law the Spouse of a Costa Rican citizen is no longer allowed to apply for Permanent residency status. A Spouse must first apply under the Temporary residency category.This is a response to massive marriage fraud cases that have been uncovered whereby foreigners would pay Costa Rican citizens to marry them in order to obtain permanent residency.
Under the new law the spouse of a Costa Rica citizen will be given Temporary immigration status for one year and renewable for additional one year periods so long as the immigration authorities do not determine that the marriage is a sham. After 3 years of marriage and with Temporary Residency status then the spouse may apply for Permanent Residency
The applicant must provide the following supporting documentation:
1. Birth Certificate: You must provide a certified copy of your birth certificate and that of your dependents. The certified copy must be sent to the Costa Rican consulate for your jurisdiction for authentication. The consulate charges US$40 for each document to be authenticated. Be advised that the Department of Immigration will not accept any supporting documentation which has not been authenticated by a Costa Rican Consul.
2. Proof of Relationship to Costa Rican Citizen: If you are basing your petition on marriage then you must have a Cetified copy of the marriage certificate issued by the Civil Registry. If you are a parent or sibling to a Costa Rica citizen then provide the Certified birth certifcate of the relative. You must also provide a certified copy of the identification document of the Costa Rican relative.
3. Police Certificate of Good Conduct: This certification is obtained from the police department where you last resided. This certification also needs to be authenticated by a Costa Rican Consulate. Note that this certificates is only valid for 6 months from the date they are issued. If this document expires while you are pulling together the rest of the documentation then you will have to obtain another one.
4. Fingerprints for Interpol Background Check: This step is done in Costa Rica at the Ministry of Public Security. The applicant is finger printed and the fingerprints are run through the Interpol computer index.
5. Photographs: The application must provide 4 photographs facing towards the front.
6. Translation of Documents: Once you have compiled all your documentation, all documents which are not in Spanish must be translated to the Spanish language.
7. Register with the Embassy of your Country of origin. You must register with your Embassy and provide proof to the Department of Immigration.[/i]
After two years of marriage to a Costa Rican Citizen, you are able to apply to be Naturalized as a Costa Rican Citizen. The process is commenced through the Naturalization Department located in the Civil Registry and is a much simpler procedure than Residency, although it takes about a year and one-half to complete. You will not require a lawyer to complete the procedure and there are no fees involved, only some legal stamps costing about $1.50. There will be some minor document authentication and translation costs.
You will be able to retain your US Citizenship and carry two passports. Once being granted Citizenship, you will receive a Cedula Card like any other Costa Rican Citizen, which only requires renewing once every ten years. You will even be able to vote in Costa Rica Elections.
My suggestion is that you skip the Residency process and proceed directly to be Natuaralized when eligible.Finca, he said he was married in Febuary. This is before the new law went into effect. You are quoting the new law.
Watchdog – thanks for the great info. What if you devorce before 2 years? No citizenship?
I had read this ‘law’ before, and [i]thought/think[/i] it had been implemented prior to March 1st.
I know the question has been brought up before.
But the suggestion of [b]watchdog,[/b] is a very good one.[quote=”2BNCR”]Finca, he said he was married in Febuary. This is before the new law went into effect. You are quoting the new law.
Watchdog – thanks for the great info. What if you devorce before 2 years? No citizenship?[/quote]
That is correct, no citizenship in that instance. You have to be married for at least two years and be married at the time of the Application to be Naturalized.
After talking to the CR counselt on this one, they said if you can prove that you have been married longer than the 3 years you will not have problem applying for perm status. My situation I have been married for 8 year and was married in CR so at the registry we have our marriage license.
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