keeping US passport?
Submitted by mrsmorales on Fri, 2009/07/03 - 20:46.
I was thinking about applying for permanent residency so that i could live with my husband in Nicaragua(Managua) until we had the money to apply for his visas to come to the united states. Ive had some concerns with the process of applying but got them all taken care of. My only worry now is that if i apply would something happen 2 my US passport? in other words, would i still be able 2 use it as my traveling identification for leaving the country or would i need 2 get something else from Nicaragua? i worry because i only want my residency so i can be there as long as i want during my trips to see my husband, not 2 actually permanently reside there. the only reason i was going for permanent instead of temporary is because its the same exact process; so i figured why not knock it out in 1 try? lol. any info from people who've applied for residency & frequently visit the U.S would be greatly appreciated! =)
Why do you need an attorney?
Are you hiring the attorney to help you get Nicaraguan residency, or help your husband get his US visa? The typical rate I've seen (though it's been a few years ago now) to get a green card for an immigrant to the US is ~$5000. Still not cheap, but better than the prices you're listing. But the process really isn't that hard. You can get step-by-step instructions and forms online, at sites like VisaJourney and others, and can do it all yourself for a fraction of that cost. Really, the only reason you'd really need a lawyer is if a) you don't speak English well - those forms are technical and complicated enough to a native English speaker, or b) if the immigrant has some problem that would influence his/her ability to immigrate (e.g., criminal record, previous deportation, dishonorable discharge from the US military, etc.).
As for getting your Nicaraguan residency, again you could do it yourself, or hire a Nicaraguan lawyer for much cheaper than you quoted above.
Finally, why are you going for both? Why not just stay in one country or the other, get residency for both of you in that country, then travel if/when you want on tourist visas to the other country? Though admittedly, this travel would be easier to do if he moves to the US than if you move to Nicaragua, as an American can come to Nicaragua anytime they want, but US tourist visas for Nicaraguans are extremely hard to come by.
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Life is what happens while we're busy making other plans
i was thinking about doing
i was thinking about doing the forms myself; just wasnt sure if it would be less likely to be approved since i wasnt going to approach it with an attorney. I just wanted an attorney to take out the guess work in whether i was filling the right things out. also; my husband has been deported before so i would also need to fill out waivers to get his ban lifted; he has the 10 year ban for unlawful presence.when i talked 2 a lawyer they said that the process wasnt hard; just takes a while; his estimate was about 1 1/2-2 years so i dont want to be away from my husband that long while ill waiting for the papers. I am a United States citzen and just wanted to be able to stay a few months over there throughout the year then come back here to help the lawyer get situated. thats why i want both. its looking like ill just skip the applying for residency though and just take the 90 days they give and apply for an extension while i am there if i need more time. My only worry now is to get his papers filled out and going. if he isnt approved for the waiver to lift is ban, he would have 2 spend another 8 years in nicaragua. then i would definitely have to apply for residency. all depending on the results of the lawyers work will determine whether i need to fill for residency or not. I'd rather be armed with the information i need before hand though so i wont be running around like a chicken with its head cut off if that does happen. thanks for all the useful information. I think im going to look into what exactly i need and see how the process works before i decide whether i want to do them myself or with an attorney.
U.S. residence / income req's
If the trips are relatively short or they do not alter your U.S. life (income, employment, residence, etc.) that is one thing and wont matter. If these things are greatly altered due to the new Nicaraguan residency, then you may have a problem as that might have bearing on your eventual U.S. visa process. If not handled well, a small number of people who do what you are proposing end up like U.S. university students or "retirees" abroad who marry and then later realize they cannot initiate the U.S. visa process at that time since they lack a U.S. residence and, more importantly, haven't been making nearly enough money to sponsor their new spouse on their own (though unlike many countries the U.S. does allow for joint sponsorship).
Though it sounds like you will anyway, just FYI that you need a U.S. residence for the years prior to your visa process with your husband; you will also need income for those years and corresponding tax statements from the IRS that prove your income has for the prior 3 years exceeded 125% of the U.S. Federal Poverty Guidelines for a family of your intended size (so if you care for any U.S. family members, or if anyone else will come as part of your new visa petition, you need to include all of them on the family size data for the U.S. visa). Meeting the Poverty Guidelines is easy for most people still living/working in the U.S.; it is sometimes only as issue for those abroad who are studying, volunteering, retired, etc., where they are living off savings, just receive room and board as employer payment, or tied to the local economy which might not yield them a good salary, in an international comparison.
If you do not have income due to time abroad, then it gets more complicated. They do allow you to use a different calculation and include select assessed property values (minus loans), personal savings, and/or after-tax retirements monies (minus all debt) in lieu of this, but you need to generate 5x the totals used on the standard 125% analysis. So, for the sake of argument, if someone was living in Panama a few years teaching English for $400 a month and didn't have a U.S. residence and little or no IRS data, and she was now married to a man with one minor child, her proposed U.S. tax family size is 3, and if she then attempted a U.S. visa for them her substitute income demands would be 5 x 125% poverty level for 3 people. This would be substantial for a young person, as per 2009 guidelines it would likely be over $115k assessment. If you will have a U.S. residence and some income at all times, and you do not need other people's income to cover your expenses in the U.S., just ignore what I posted above; if you need other people' income to maintain your current lifestyle or if you will not be working while abroad, etc., you should investigate form I-864A that allows you to use a "joint sponsor" in terms of the income / financial support requirements. Again, if you are not really leaving a U.S. residence and job/business and will have tax data, ignore what I posted here.
Time in country
One thing to remember is that in order to keep residency, you need to be here a reasonable amount of time. I believe it is seven months per year. But, as you can stay for six without any sort of residency each entry, I assume this is not a problem in your case.
No worries
Permanent residency is *not* the same as citizenship. All you'll get from residency - paperwork wise - is a Nicaraguan cedula, not a passport. You'll still keep your US passport, and will remain a US citizen. Basically it's like an immigrant applying for a green card in the States.
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Life is what happens while we're busy making other plans
thank you. I appreciate
thank you. I appreciate everyones information. I think it would probably be alot easier to just apply for an extension while i am there if i plan to stay more than 90 days..which i usually dont. As for all the great info MJT gave me..thank you. I was just about 2 ask that question too. Since my job only allows me to be absent 3 weeks at a time or im automatically taken out of the system whenever i go on my vacations i have to "quit" my job. i will probably have to look into the I-864A as i wont be maintaining a constant job. Does anyone know if their are actually immigration public defenders? i have done alot of research into immigration lawyers and all promise results but ive gotten CRAZY estimates such as $5,000-$8,000 for only HALF of the process. As a single mom (since my husband resides in Nicaragua) its going to be unreasonable for me to be able to come up with that kind of money. If anyone knows of any lawyers that maybe are around the $1,000 or less mark i would really appreciate it....though a FREE-$600 public defender would be so much better..wishful thinking im assuming! ;) but hey..its worth a try!
Move to Nicaragua?
It seems like each step of the way you have another problem. If you don't have a "regular" job have you considered just moving to Nicaragua? Your husband is already here (and, as I remember, has a house), getting residency is a lot easier and cheaper than what you are talking about for your husband, it is a great place for kids and, well, Nicaragua is a nice place to live.
I expect you have considered this so I guess I am just wondering why you rejected the idea. Being one that finally (ok, five years ago) moved here, I can only say that I wish I had done it long ago.
"It seems like each step of
"It seems like each step of the way you have another problem"...words well spoken. I do run into alot of problems with everything. I find bad luck travels with me. I try to stay ahead of it with finding out information i "might" need if the worst case happens; being that i will have 2 apply for residency in nicaragua. I like nicaragua but i dont think its the country for me. Its a wonderful place to visit but im pretty fond of the US; as is my husband. Our best case would be that he is able to get is visa and then we can just get on the road to apply for citizenship in the US.
Lawyers
Being "out of the system" in itself might not be a deal killer or even a nuisance. A lot depends on if you own a home or will maintain an apartment; and, your actual year-long income is much more important that any 90- or even 180-day period. Once you know the poverty guideline amount for your new family, and add the required 25%, you know the basic financial test. For just 2 people, inside the Continental U.S., I believe it is still around $18k - but you should check on your own. If you are off $ a year of the last three or whatever, one option is I864-A (which is basically the same as the I-864 you will be required to fill out anyway; google it and USCIS and you should be there). Just remember that the person who does this for you must include your spouse and also all their current family. So, a sibling or cousin or whomever, with 5 already in their family, may need to add 1-2 more and have enough to cover a family of 6-7 @ 125% of the Federal Poverty guideline (the I864-A person needs to maintain their current status and the proposed new one, not just enough for the new person).
Public defenders are basically tied to city, county, state, etc., so there wouldn't normally be an option like that (and in some states their services are not free, and are merely a loan you would need to pay back). There might be "pro bono publico" (for lawyers, usually just referred to as pro bono or legal pro bono) options but those, too, might be rare. I am not sure if you are referring to a U.S. lawyer (for husband’s visa) or Nicaraguan lawyer (to do your papers for Nicaraguan then your papers for husband’s visa in the U.S.). Regardless, I have to admit I have never heard of an attorney charging that much ($8k) - but perhaps in some regions they do; I thought the number I usually hear ($3.5k) seemed crazily high.
In general, you don’t spend that much time on the visa paperwork, but will spend months waiting for an answer on each step of that process. Unless there is something special or unusual regarding your spouse’s eventual visa case (which could double the cost), I don’t see what would justify that kind of price. If those are local prices to you, you might consider comparable attorney’s in another region of the country; there is no legal reason why your lawyer must come from your state of residence, etc. If you live in an area where immigrant numbers are huge, there might be some sort of religious or political support group that could help with someone to oversee paperwork you do or help you do it.
of course you keep your passport
For one, that{s where they stamp your residency visa! and you need it to leave the country even to the c4 countries, and I{m told you even need it to go to the east coast, like corn Island. And of course, you are an American. Your cedula is just a convenience thing for carrying around town ..
See my comments about getting residency. http://www.nicaliving.com/node/13955
Your married to a Nica residency will have much in common with my pensionado one, except I believe it gives you the right to work here, which is pretty meaningless unless you have some humongously impressive skills that will allow you land a decent paying job. Working in Houston or Miami and catching cheap flights to visit hubby would probably pencil out better, although this is certainly not a pleasant way to live.
Hope you can tough it out. Whatever its charms, this is not a good country for working people
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