The intention of Costa Rica’s domestic violence laws is to protect — especially women — in cases of aggression or violence against a mate.

However, the law has been transformed into a law that creates a legal license to steal. Judges have not helped the situation at all. There are around 18 different medidas cautelares. This would translate into protective measures or injunctions in English. Most judges use only the harshest one, six months of complete separation of the parties involved. This is true even though in many domestic violence cases the charges are complete lies.

After police eject a husband from his home even if the allegations are fabricated, a court hearing may not take place for months.

The six-month protective measure actually has provoked violence, and a mate thrown out of the house sometimes goes back in violation of the restriction and does bodily harm to the spouse. If nothing else, the law as it is normally applied breaks down a family in direct violation of the Constitution and tears marriages apart.

Actually there is something in the domestic violence law most people do not know. The law states: El Estado procurará ofrecer alternativas de tratamiento y rehabilitación a las personas agresoras, tomando en cuenta, entre otras, su doble condición de víctimas y de agresoras.

This means the state shall offer alternatives to people entwined in a domestic violence case and offer assistance to both the victims and aggressors. This part of the law is hardly ever even offered to the parties of a domestic violence case according to four attorneys when it is an obligation of the state to do so.

The intention of the alimony and child support laws is to provide a source of income for children, spouses, and the elderly. The law also covers cases where people are incapable of working due to illness or a handicap. However, this law, too, has been in some many cases been distorted into a way to steal from another.

By filing questionable paperwork and receipts, a woman and her lawyer can convince a judge to set a very high alimony and child support payment, particularly if the husband involved is an expat. One judge in a decree that he felt that based on the receipts and other paperwork the expat could afford to pay the alimony and child support.

This is in direct violation of several key constitutional cases which state a judge cannot set an alimony or child support amount without concrete and factual information because the non-payment of either is an offense that can mean jail time. If the spouse does not pay the amount set by the judge, he goes to jail. Many times the amount is ridiculous because the primary source of facts about the husband’s income come from the wife and her lawyer.

Some expats caught up in this nightmare who cannot not pay end up leaving the country, even if they have children here. Others go into hiding or worse. Most do not have the financial recourses or legal knowledge to fight, especially when they are battling against laws that have been adulterated.

One poor expat was thrown out of his house without notice by a women and her daughter on trumped up charges of domestic violence, and now the wife has filed for alimony using his United States pension as proof he can pay it.

When an experienced legal professional looked at the facts of one case, it appeared more than just the woman was involved in getting what she wanted. She and her legal team obviously had the right contacts.

It is important to note that cases against expats flow differently than they do for local Costa Ricans. Usually, in a case of domestic violence, alimony and child support against a local, the whole family gets involved including the family’s pastor or priest. Normally, most expats do not have a big family support group in Costa Rica and are at a disadvantage. In an interview with three Costa Ricans caught up in a domestic violence and alimony case, all said that the problems were ultimately worked out inside the family.

This does not mean that Ticos do not get shafted by the laws too. They do. The primary cases where exorbitant alimonies were set by judges with little or no factual information now set a precedent to change the jurisprudence of the past.

The moral of the story, expats need to understand the domestic violence, alimony and child support laws in Costa Rica. Most do not. They need to understand the application of the laws are relentless. In many cases most expats who end up in court lose everything they own.

Complimentary Article in PDF Fomat

Domestic violence laws in Costa Rica seem to work when they should not and seemly do not work when they should. The law is also in direct contradiction to Article 52 of Costa Rica’s Constitution which states, “El matrimonio es la base esencial de la familia y descansa en la igualdad de derechos de los cónyuges.” This translates into English as, “Marriage is the essential element of family and can rest in the equality of the spouses.”

In fact, the domestic violence laws of this country tear a family apart on the slightest whim of a spouse. A few tears and without any kind of witnesses, a judge will throw a spouse out on the street. The minimum forced separation is six months, and usually the initial court audience where parties can be heard by a judge is at least a month after the eviction of the presumed guilty party.

Now this is even more interesting: Article 51 of Costa Rica’s Constitution states, “La familia, como elemento natural y fundamento de la sociedad, tiene derecho a la protección especial del Estado. Igualmente tendrán derecho a esa protección la madre, el niño, el anciano y el enfermo desvalido.”

This translates into English as, “The family, as a natural and fundamental element of society has the right to special protection of the State. Equally, this right protects the mother, the children, older people and the disabled.”

Read closely, this article leaves out the man. So, according to Costa Rica, the man is not an important part to a marriage and has no special rights.

This is in direct contrast to Article 33 of the Constitution which reads, ” Toda persona es igual ante la ley y no podrá hacerse discriminación alguna contraria a la dignidad humana.” This translates into English as, “All people are equal in front of the law and cannot be discriminated against.”

These articles of the Costa Rican Constitution seem to mean all people are equal in front of the law except for men in marriage. This travesty is now commonly known among women. Most of them know they have their spouse at their mercy and can use the law to get almost anything they want.

This is very apparent in domestic violence court. Most men are treated poorly and considered guilty before having any say in a domestic violence case.

The best strategy for a man being dragged in this type of situation is to reject the charges but accept the medidas cartulares or restrictions put on him by a judge. This is so because probably no matter what he says, it will not make any difference in the hearing. Usually, but not always, by rejecting the charges and accepting the restriction there will be no hearing.

Many men are taken to domestic violence court on trumped up charges, but most attorneys agree 90 percent of them will lose in any hearing. If these statistics are correct, why would any man want to go through with an audience in front of a judge? Many of the judges in these courts are women with their own chips on their shoulders, and all they do is drag the presumed aggressor through a diatribe of scolding.

Domestic violence is real and women and men get hurt. Some even die horrible deaths at the hands of an aggressor. But, what has happened in Costa Rica is that a spouse that really wants to hurt his mate in many cases ends up doing it anyway. The law does not work when it should. The reality of the law is that women use it to humiliate and extort from men, meaning it works when it should not. This thesis is based on observation of a number of such cases.

Most importantly, the law destroys family. What man would want to go back to his home after six months after he has been tossed out onto the street with nothing except the cloths on his back? In most cases, family is made of the husband, the wife, kids and even dogs and cats. Yes, the good old concept of family.

Now let us take a true case where the woman in this typical family wants more money for more pretty things. The man balks and a discussion about family budgets arise in these hard times. The wife gets disgruntled and makes a complaint in front of a domestic violence judge with a few tears in her eyes, and the man is in the street in hours. Women in Costa Rica know they can do this. They know they can actually extort from man to get what they want using the domestic violence laws of this country.

In most cases the family goes too. The man is on the street for the minimum of six months with no communication with his wife, children, or even the dogs and the cats. Does anyone really think most of them want to go back to this kind of lifestyle?

In summary — and important points to ponder — in domestic violence cases in Costa Rica the man is thrown out of his home with no hearing, no rights, no say whatsoever. He will have no say until a hearing which is usually months after the action of eviction. In the hearing, he is presumed guilty and usually only gets a verbal beating from the judge. He needs to fend for himself for a minimum of six months with no contact with his family.

Do the domestic violence laws of Costa Rica preserve Article 52 of Costa Rica’s constitution which states the marriage is the essential element of family and spouses are equal?

True domestic violence is abominable and it needs to be sanctioned. But, so should the misuse of domestic violence laws that are used in themselves a method of coercion and intimidation and end up destroying families.

Complimentary Article in PDF Fomat

The internet is as wonderful as it is evil. The dark side is where predators lurk waiting for the unsuspecting innocent to fall into their traps. These creeps lie in wait to menace adults and children alike. The internet, cellular telephones and text messaging can work together to steal, maim and even kill.

Many expats have come to Costa Rica with families including their children. Others have started families here. In a modern family, having several computers in the household is not uncommon. Giving children cell phones at a very early age is also normal practice. They are great little devices to keep tabs on kids.

The Internet extended the dating services of the past century into a whole new world, social networking. These networks have grown geometrically on the web. Adults and kids use them to find new friends and relationships. Some adults find their mates nowadays using the tools of cyberspace.

Most people hide behind avatars — an icon or figure used as a personification of the computer operator — and use false information when using social networks. This is good practice but does not curb the danger and can even exacerbate it.

Here is a wakeup call to expats with children in Costa Rica. Internet predators are out to get them. They know all the tricks. Expats here are usually of retirement age because they came to retire in this country. Many of them did not count on having a new family in this country, but it happened. Because they are of retirement age, many are not familiar with the Internet or text messaging on cell phones so they do not understand how much danger their kids are facing every day.

This is the scenario. It usually — but not always — starts with a social network on the Internet.

Children take pictures of themselves using webcams on the computers in the house. Webcams are little cameras that are attached to desktop computers but are usually incorporated into portables. Kids open an account — lying through the form questionnaires about their age — on Hi5, MSN, Facebook, or one of the other social networks. Here they post the pictures they took in minutes and add their e-mail address.
Kids all over the world do the same thing.

However, these days children are taking very seductive inappropriate pictures of themselves and using them. High school girls and even grade school children have contests to see who can make the “best” sexy pictures. Sure other kids and classmates write to them, but so do the perverts. The Internet scum bags of the world. Adults usually do not know who they are really communicating with on social networks so how do adults expect their children to know?

The next step in the predators plan is to get as much information as they can from their victims, including phone numbers — especially cellular phone numbers — addresses, workplace information and in the case of children the schools they attend. These potential molesters usually make up a story to get to meet a child or just wait in hiding around a school to snatch them.

What adults and children do not realize is these Internet nut cases are sick people. They thrive on the bond they make with their victim. When the bond is broken — for example a parent discovers the problem — the person in some cases will physically hunt down their prey using the information provided to them over the internet or telephone.

People are not always on or near a computer, but they are usually stuck to their cellular telephone. This is true for children too. Text messaging from cellular telephones is a social network of its own.
If a predator has both avenues of communication to a victim, they have many options to lure kids.

Expats with children or a young wife in Costa Rica need to protect them from these hazards as much as they can. Here are some tips to protect young people, based on extensive research:

This expat is a computer nerd with 30 years experience and a registered Microsoft Partner with all the latest systems and technologies. One of these wackos got through the extensive precautions setup to protect his kids from the evils of the Internet, and that is the reason for this article.

Complimentary Article in PDF Fomat

It is not news that Costa Rica is a sex destination, famous for legal prostitution and escorts virtually waiting for Gringos at the airport. Many foreigners who want to have a wild vacation choose this country specifically for that reason. There are Web sites that advertise sex tourism just like any other type of tourism.

Many others come to visit only to move here after they find out how easy it is to find nice-looking women. Most Ticas are very cute, friendly, affectionate, everything one could ever dream and never got from women back home. Whether one is paying for escorts or just found a nice girl casually, Ticas seem to always charm male foreigners.

Therefore, even though a tourist may consider Costa Rica a paradise for a playboy-like lifestyle — and while many do live like that — there is a group of male expats who have ruined their lives since getting involved with Ticas. Naturally, one would wonder how on earth can experienced, well-traveled and even wealthy men ruin their lives in the hands of nice, charming Ticas? The answer to this dilemma is not a simple one.

It is a well-known fact that many Ticas live off of the savings of foreigners who surrender to their nice, affectionate sexual charm. Although it is not considered prostitution, these women are self-proclaimed Gringo hunters, who sell their body and company for what they can get, and most aim to clean men’s bank accounts, take their properties and ideally marry, expanding their horizons and enslaving these Gringo-traps are open about their intentions because of a cultural belief that foreigners are walking wallets and an easy way to get a slice of the American dream. Culturally, a Tica who marries a foreigner is considered lucky, and saying that one is fishing for Gringos is not frowned upon, but rather admired and encouraged.

The real question is how an intelligent man experienced with women can be an easy prey for Gringo Hunters? The following stories might give some clues as to the reasons why this phenomenon is so common.

A 69-year-old Gringo falls desperately in love with a 34-year-old Tica, who visibly looks and acts like an escort. After dating awhile, she convinces the man to finance two credit cards, one for $4,000 and the other for $8,000. Then, she goes further trying to convince him to give her $40,000 for a property that she is planning to steal with the help of a dishonest lawyer, claiming that it belonged to her family and she needed to get it back because someone stole it from them. When the Gringo went to a lawyer for advice on her request, the lawyer gave him a reality check and kept him from coughing up the $40,000, but every time he takes the woman to lunch — he says — he ends up taking a trip to the bank afterwards and paying her debts.

A 58-year-old Gringo falls for a voluptuous 19-year-old Tica and decides to take care of her education. He teaches her how to drive and lends her his new luxury car after she has had her license for only five months. She destroys the car in a crash but suffers only minor scratches and bruises. If she had died, her family could have taken the Gringo to the cleaners by claiming in court that he was irresponsible in letting the woman drive.

Last but not least, a married Gringo has an affair with a much younger Tica, who openly says she decided to hunt him when she met him. When his wife becomes fatally ill and dies, he marries the Tica almost immediately. He takes her to the States with him, and they settle down there. She obtains her citizenship and convinces him to adopt one of her children. Now she is threatening to leave him if he does not adopt and help get citizenship for the rest of her offspring and grandchildren. Before meeting her, he was retired and had a small fortune, and now he is working again despite his age because he cannot make ends meet for his new family.

The stories above share common factors: The three men were past 50 years old when they met the Ticas and they had a financial status that allowed them to treat their dates nicely. The three women are not only much younger than the men, but they also conduct themselves like escorts, wearing skimpy clothes and acting sexy all the time, and they did not have a financial status that allowed them to take care of themselves when they first met the men.

The problem with these stories is that foreigners that fool around with that type of women are usually older than 50 and the only thing going for them is the cash. Most of them have not done a good job taking care of their appearance and cannot naturally attract younger women. They can only attract them monetarily. Most men know that and play according to the rules. However, they also set themselves up for losing it all . . . just for sex.

So, is it an addiction to sex that ruins those men? Can they not set a limit to how much they will finance the lives of those women and their families? What is it? It would seem unlikely that they would keep spending thousands to solve the woman’s problems if she were not their girlfriend.

The definition of a sex addict is a person who uses sex to escape depression or unhappiness about their lives, just like they would use alcohol, food or work. However, defining the Fool Gringo Phenomenon as a sex addiction seems a little extreme and too coincidental.

A local psychiatrist thinks that another reason could be an addiction to neuro-transmitters that produce feelings of pleasure from sex or affection, such as serotonin, dopamine or endorphins. People who are addicted to pleasure may endure unimaginable stress in order to get that rush. It might also be an addiction to toxic relationships, an attraction to drama that makes these men get involved in such a negative love life where they are being openly used, he said.

A more feasible possibility has to do with the legendary middle-life crisis. Young men who are dumb enough to let a woman manipulate them get tired of the cycle at some point, leave and find themselves someone better. On the other hand, older men who struggle with low self-esteem due to their age, failed marriages, work problems, among other aspects, may feel lucky to find a nice-looking woman at all, and, in turn, let the woman walk all over them. Middle life crisis has many ramifications, and it can create severe depression in males, leading to unexplainable behavior like getting into toxic relationships, forming a whole new family as if they were 20 in order to feel young again, or spending all their money on women and even going back to work to keep financing their mates or new wives.

Whatever the reason may be, the ugly truth is that the Fool Gringo Phenomenon is happening more and more in this country, and although they can seek the help of lawyers for certain situations, obvious manipulation is not penalized by law. Gringos cannot go to court for foolishly emptying their bank accounts in exchange for affection. Actually, if they get involved with the really spiteful Ticas, they can end up as victims of domestic violence scams or get sucked into costly child support cases.

Expats or tourists should make sure they have a truly good and financially independent partner who is watchful of their best interest. Sensible rules to avoid becoming a prey to Gringo Hunters include not marrying impulsively, not having children and not financing more than the normal expenses during their dates.

Complimentary Article in PDF Fomat

Too many people put off doing their will and succession plans. Here is another reminder to do so, but more importantly, some tips to save money and make you more secure if you live in Costa Rica. A last will and testament means making life easier for the left behind. This priceless document can also make it much harder for the vultures that cloud over an expats death in this country to steal assets from their rightful heirs.

Foreign residents are usually considered walking wallets by locals, which means there is always somebody looking, counting, waiting for an opportunity to take it all. There are local women who prey on expats, making them believe in their love and devotion while they slowly and diligently do their research and calculate everything to make their move. There are also neighbors lurking through the fence, ready to take over expats’ assets. Yes, it happens more frequently than anyone can imagine, and there is always a starving lawyer ready to sell his soul to the Devil.

Thinking of death is definitely not fun, but thinking of protecting one’s assets and putting them in good hands is something worth investing time. Many expats who do not have a will have assets under sociedades anónimas, or even in their personal names (This is not recommended) but have no succession plan in place.

Some expats have gotten together with a companion and may be innocently sharing sensitive information about the ownership of assets. Corporation can be easily changed by simply getting one’s hands on the legal books. It only takes minutes and a dishonest lawyer to falsify signatures.

It only takes minutes and a dishonest lawyer to falsify signatures. It takes years and a lot of money to prove the fraud.

When properties go unclaimed for 10 years because the deceased expat’s family in the U.S. is unaware of the assets held in Costa Rica, lurking and patient neighbors may move in little by little and start claiming ownership over the land. This type of situation is also a dirty lawyer’s paradise since they can easily falsify a dead person’s name and resell the property at their convenience. If someone spills the beans or finds out, it is hard to prove the hoax. The Registro Nacional is not in charge of checking if each signature belongs to a living or deceased person, so this kind of scheme is an easy way to steal property. Only recently has the institution even — in some cases — begun to do so.

Therefore, as surely as some eyebrows have already been raised this far into this article, there is a way out of the potential post-mortem mess. A will made in Costa Rica may turn out to be a better choice than one made in the United States.

Here are some important reasons to consider doing a will in Costa Rica and taking the task off one’s to-do list:

It may be cheaper. A will in the United States may cost from several hundred to some thousands of dollars if prepared by a lawyer, whereas a will in Costa Rica prepared by a notary is much less expensive.

It is more official. In Costa Rica, there is a will called an open or public will. An open will is the safest, most used and official, since it is recorded in the Costa Rican national archive. It is available when needed and safe from any suspicious activity. In the United States, wills are normally written on a piece of paper and enclosed in an envelope. They are easily lost or tampered with by the greedy.

It can be general or specific. A will in Costa Rica can encompass all of one’s assets all over the world or be specific to only certain assets in Costa Rica. A specific will is a great way to leave an asset for a friend in this country, without making other heirs aware of the transaction. Now, with this said, if other rightful heirs find out about a Costa Rican will, they can contest it here if they wish. However, this rarely happens and is expensive to do so.

It is simpler to probate. When someone dies, and he or she has an open, public will in which the beneficiaries are older than 18 and no disagreement emerges from the distribution of assets, a notary can probate the will using a fast track method called a sucesorio notarial. The probate process takes only a few months vs. years when no public will exists.

The process gets complicated when minors are involved or when there are disagreements over the will. Expats with minor children should appoint either a lawyer or a trusted adult to decide over assets if they are adding the minors to an open will in this country.

All people should plan to protect their assets in death, especially expats living in Costa Rica. A good will is one way to do so. There are additional ways assets can be protected, which should be considered as a complement to a last will and testament.

There is a well known saying in this country that reads, “doctors may not be able to bring people back to life, but lawyers in Costa Rica certainly do so all the time.”

Complimentary Article in PDF Fomat

The inequities in Costa Rica’s family laws are in large part the fault of men. This is especially true in cases of domestic violence where men now have little or no rights. Women are now in control in this country, and they know it. Some find expeditious ways of making their male companions suffer.

Cases of violence by women on men are usually not reported to the authorities because of fear by men to be labeled as weak. In Costa Rican culture — as in many other cultures — admitting to being victimized by a woman means a man has lost his maleness, his superiority over women.

The fact that men do not protect themselves via this law has created a trap for them as well. By not reporting abusive females, men have set the precedent that women are victims and men are abusers by default, which has in turn given a legal advantage to women.

Due to an increase of family legislation in Costa Rica aimed to protect women, Ticas are now taking advantage of the sexism in the legal system, which allows them to get away with and profit from cruel lies about their male counterparts.

On another front, many women in Costa Rica have a multitude of children to live off the child support. Men believe having children is what they should be doing with their manhood and do not take contraceptive precautions Therefore, men end up trapping themselves into child support payments many have a very difficult time paying.

Here is a summary of Costa Rica’s family, financial support and domestic violence laws past and present:

Before the new domestic violence laws, the family code set forth some ways for a spouse to boot out a companion and to protect children. However, only in extreme cases was a spouse forced from the household. In a divorce, women were given priority with the home because of the cultural establishment of the woman as a domestic worker and the man as the breadwinner. Usually, there is no such thing as a permanent alimony except in cases where a spouse is up in years or handicapped in some way. So this is the reason, in a marriage — and out of marriage — women usually strive to have children because they know having children is the best way to get the most money from a husband or boyfriend in a divorce or separation.

The financial support law is strict in Costa Rica. Not only are parents and children mutually liable for financial support (in the case of elderly parents and adult, financially stable children), so are adult siblings to minor or disabled siblings, grandparents to grandchildren and vice versa. Therefore, an elderly expat who marries a Tica and has children or adopts her children, if he fails to support the children, his adult American children (if any) from previous marriages may have to pick up the tab for their father. However, it is easier said than done, since in order for the latter to happen, the suing mother would have to provide sound proof that she cannot provide a dime for the child and that they are literally starving.

The law against domestic violence punishes any physical, sexual, verbal and psychological violence among family members of any gender. As a rule, it has only been enforced by women who report abuse by their husbands or boyfriends.

To make it worse, it turns out that most of the judges in family courts are women, and some do not even request or accept physical or psychological evidence of the alleged abuse before they rule in favor of the woman. In fact, the law states that after all testimony and evidence have been analyzed in court, if there is still room to believe the occurrence of violence, the judge must lean towards the victim’s testimony. This in legal terms is called “In dubio, pro victima,” or “when in doubt, favor the victim.”

The bite to the domestic violence law is its protective measures. A woman can go in front of a judge and within a few hours get an order to toss her husband, boyfriend or lover out on the streets. In addition, the alleged abuser is then given a restraining order that prevents him from going into his house or have any contact with the presumed victim or their children.

Child support can be requested at the domestic violence hearing or by filing a separate case with the family court. Once they notify the man about the case, he has three business days to pay the provisional amount set by court under penalty of going to prison. In a divorce process, the judge, upon request, can also set child support and alimony for the woman.

Women in court — especially domestic violence cases — are totally and utterly given everything on a silver platter. No questions asked. Law officers say false abuse cases happen daily, and they cannot question them or fail to enforce the order to evict because protective measures are mandatory and immediate, regardless of any suspicious circumstances.

After applying protective measures, both the alleged abuser and victim are called for a hearing to which witnesses are also called. In false accusation cases, women can still easily get away by lying during the hearing. They just need two witnesses willing to lie for them. They know that even if the lies are noticeable, the system still leans towards them and “In dubio, pro victima” rules the game. There have been countless instances in which the whole court can see the alleged victim is lying and the judge still rules in the alleged victim’s favor. Even if the defense appeals the case, it can take years.

Expats have fallen victims to false domestic violence claims. As expected, as in the case of an elderly U.S. expat thrown from his house, the hearing did not go very well and the court ruled in favor of the alleged victims and their false story, even after the defense called the female housemaid to testify in favor of the innocent, elderly and disabled expat. Now he is at the verge of declaring bankruptcy, has no place to live and is on the verge of having a criminal record in Costa Rica.

After the domestic violence law was created, other female-oriented laws followed. The responsible fatherhood law empowers women whose children have been abandoned by their father to request a blood test to confirm the relationship and a child support amount.

Another legal tool for women is the sexual harassment law. Even though the law protects both genders, it is used mostly by women. This law, however, is not as lenient towards women as the violence law is, since the complainant has to provide sound proof that incriminates the accused man and plenty of witnesses to support the claim.

The latest addition to the female legal combo is the anti-discrimination law for women, which states that women should be treated as equal and not denied the same privileges men enjoy in any cultural sphere. The ironic aspect about this law is that even though it advocates the removal of any oppressive preconception about the female gender, it should also advocate for eliminating and condemning the favoritism and leniency towards women in courts, especially when the defense provides irrefutable evidence that shows the woman is lying.

Women have the upper hand in Costa Rica when it comes to family matters. Men are probably the culprits in this case because most men do not stand up for their rights as women do, thus tipping the scales against them.

The fact today is that the laws are so stacked against men here that the prudent male should never get married, live in the same place as the significant other or have children without full understanding of the legal consequences.

Complimentary Article in PDF Fomat

Many expats who have built families with a Costa Rican want to get their natural or adopted offspring a U.S passport. Some believe that since they are U.S. citizens, the right to pass on U.S. citizenship is automatic. It is not. However, it does not need to be a daunting task either.

Whether expats are applying for their biological or stepchildren, the procedure seems to be less painstaking than getting their spouse U.S. citizenship.

In a nutshell, there are certain permanence requirements for the parents to be able to pass citizenship on to their biological, adopted or legitimated children, and the process is much smoother and faster for children under 18 years of age than for older children.

Parent requirements

Any child born in wedlock or adopted as stepchild outside the United States to an American parent and a foreign parent can obtain U.S. citizenship, as long as the American parent resided in the U.S. for a certain amount of years prior to leaving the country.

Parents born on or after Nov. 14, 1986, need to have lived in the United States at least five years, of which two are required after the age of 14. If they were born between Dec. 24, 1952, and Nov.

13, 1986, they need to have lived 10 years in the U.S., of which five are required after the age of 14.

A child born out of wedlock to an American father and a foreign mother can obtain U.S. citizenship when meeting all the following requirements:

a.) a proven blood relationship between the applicant and the father; b.) the father had U.S. nationality at the time of the child’s birth; c.) the father agrees in writing to provide financial support for the child until he or she reaches 18 years of age; d.) the child is legitimized by the father in their birth country before 18 years of age.

A child born out of wedlock to an American mother and a foreign father may acquire U.S. citizenship if, a.) the mother was a U.S. citizen at the time of the child’s birth and b.) the mother lived in the U.S. for one continuous year.

Immediate citizenship

According to the Citizenship and Immigration Services website, the Child Citizenship Act has streamlined the process for children to obtain citizenship as soon as they enter the U.S.

Children protected by the Child Citizenship Act are called newly entering IR-3 children, and they receive certificates of citizenship within 45 days of arriving to the U.S., without needing a permanent resident card and then filling out form N-600 to obtain citizenship, as outlined in the article on citizenship for spouses. If they wish to obtain their U.S. citizen status while living abroad, they need to apply at the U.S. Embassy using N-600K (Application for Citizenship and Issuance of Certificate Under Section 322), which costs $460. However, children must travel with their parents to the United States to complete the application process.

Parents who wish to obtain a passport for their children must apply for it at the Department of State once they have received their citizenship certificates from Citizen and Immigration Services.

Children who qualify for this automatic process are:

a.) younger than 18 years of age;

b.) orphans whose adoption has been finalized in their country of birth or the United States;

c.) biological or legitimized children;

d.) children born out of wedlock to a naturalized mother;

e.) adopted children after completing two-year custody.

The Child Citizenship Act also requires American parents to have met the required time in the country to be able to request automatic citizenship for their biological or adopted children.

The following paperwork is necessary to qualify for automatic children citizenship:

a.) photographs of the child;

b.) fee (when applying from abroad, N-600K,
$460);

c.) child’s birth certificate;

d.) American parent’s birth certificate;

e.) parents’ marriage certificate (if applicable);

f.) document for termination of previous marriages (if applicable);

g.) document showing full and final adoption or
legitimacy (if applicable);

h.) evidence of all legal name changes (if applicable).

Naturalization

Biological, adopted or legitimized children older than 18 are required to undergo the standard process of residence and naturalization applicable to any immigrant.

According to a previous article on U.S. Citizenship, the American parent needs to request permanent residency for their child, filing I-130 Petition for Alien Relative ($355) and any additional paperwork required by the U.S. Embassy proving the relationship between the parent and the child, as well as a medical exam required for the applicant.

The embassy’s website states that unmarried or married children over 18 obtain limited permanent residency, but no further information on this status is provided. The applicant must wait until Citizenship and Immigration Services approves the petition to be able to travel to the U.S. and apply for naturalization.

Once in the United States, the applicant must ask Citizen and Immigration Services if he or she qualify for an immediate visa number or if they need to wait, in which case, they should periodically check the Department of State’s Visa Bulletin to get their visa number.

Applicants must stay five years in order to request citizenship, leaving the country for periods no longer than six months.

The Citizen and Immigration Services website specifies that once the permanence requirement is met, the applicant must proceed to file form N-400, along with the following:

a.) a check or money order for the application fee
of $675;

b.) a photocopy of both sides of the permanent resident card;

c.) Two identical color photographs (wearing no eyeglasses or earrings), with name and “A-number” written in pencil on the back of the pictures. Those doing so should check the Guide to Naturalization for more details on photo requirements.

Besides the paperwork above, the applicant must pass English proficiency and U.S. civics tests, and show: a.) evidence of good moral character, b.) adherence to the Constitution principles and c.) a positive outlook of the United States. Once the latter requirements are fulfilled, an interview will be scheduled, after which they can take the oath to allegiance and obtain their citizenship.

In summary, expats who want to pass on their U.S. citizenship to their children have to qualify themselves based on their own permanence in the United States. All immigration procedures seem like a bureaucratic endless torture, but to have the steps distilled into an outline like this one makes the task easier to understand and more palatable.

Complimentary Article in PDF Fomat

Most people have heard the Costa Rican dream story. A tourist comes for vacation, falls in love with Costa Rica and/or a Costa Rican, goes back home and sells everything or ships it down here to become an expat. This usually applies more to men than to women. In many cases older men find younger Costa Rican women, some with children from former relationships.

In many cases the Costa Rican counterpart, whether it be a wife or a husband, does not want to live here but wants to live in the United States and, most importantly, wants to be a U. S. citizen. Some even believe it to something of a prize they need to win to be happy and constantly pressure the expat to repatriate — go back to the United States to live — so they can get their citizenship.

Getting married by itself does not give a Costa Rican wife or husband U. S. citizenship. This is true for both expats and Costa Ricans who want citizenship in either country. Many expats do not want to go back to the United States, but some concede to do so for their new spouse.

The process for expats who have decided to move back to the United States and get their Costa Rican spouse residency and eventually U. S. citizenship is not overly complicated if one knows how to do it. However, putting everything down on paper and distilling it into a cheat sheet for expats who have made the big decision to move back took some doing.

In a nutshell, the process goes like this:

1. Applying for permanent residency.

2. Obtaining permanent residency.

3. Moving to and staying in the United States for the time period required to be eligible for citizenship.

4. Applying for naturalization, completing all requirements for the naturalization process, and obtaining citizenship.

5. Requesting citizenship for children

Applying for permanent residency

In order to apply for permanent residency, U. S. citizens are required to file a petition for their relatives. According to the U. S. Embassy’s website, the petition process for expats who have Costa Rican residency differs from expats who do not have it.

Expats with Costa Rican residency:

• Expats who have lived in the country for at least 6 months and have already obtained Costa Rican residency can fill out I-130 Petition for Alien Relative at the U. S. Embassy in Pavas on Tuesdays, Wednesdays and Fridays from noon to 1:30 p.m. The petition costs $355. The embassy sends all petitions to U. S. Citizenship and Immigration Services.

• Once the Citizenship and Immigration Services approves a petition, it is forwarded to the National Visa Center, which may contact the applicant if additional documentation is required. Once approved by the visa center, the petition will be sent back to the U. S. Embassy. No information is available as to how long this process takes.

• The embassy then contacts the expat for presenting their U. S. birth certificate and the document that proves their relationship to the Costa Rican relative, whether it is a marriage certificate (issued by the Registro Civil if the wedding took place in Costa Rica) or the birth certificate of their children.

• The expat must also provide documents that prove termination of any previous marriages by divorce or death.

• The embassy also requires proof of legitimate marriage relationship — provided by answering questions and showing family pictures.

• A medical exam ordered by the Embassy is required for the foreign spouse, as well as other requirements, including police records. This exam can cost around $250.

• Any documents in Spanish must be translated into English.

After all requirements have been filed, an interview is scheduled for the spouse, who should bring an I-864 affidavit of support that proves the expat has sufficient income to support the spouse without public benefits.

Expats without Costa Rican residency:

According to the Citizenship and Immigration Services website, expats who do not have Costa Rican residency must file the I-130 petition in the United States, at the citizenship office closest to their hometown.

After approval, the Citizenship and Immigration Services sends the petition to the Department of State’s National Visa Center to determine if a visa number is available immediately for the relative. Numbers are assigned immediately to spouses and unmarried children under 21. Married children will have to wait to get a visa number, but they can check its status in the Department of State’s Visa Bulletin.

Applicants should be aware that if permanent residency is granted before their second wedding anniversary, the residency will have conditional status, which means the couple must prove they have a legitimate relationship for two years after obtaining conditional residency. The couple must apply for removing the conditions on the residency by gathering the following documents:

•Filling out form I-751 (Petition to Remove Residency Conditions),

• Submitting a copy of the permanent residency card, showing evidence of their relationship (i.e. leases or property deeds that show co-dwelling/co-ownership, birth certificates of children).

Failure to apply for this procedure results in losing all residency rights.

U. S. citizens can obtain unlimited permanent residency for spouses and unmarried children under 21, and limited permanent residency for unmarried children’s minor offspring and married children, their spouses and minor offspring.

Obtaining permanent residency

The U. S. Embassy’s website states that after filing the I-130 petition, while waiting for approval from the Citizenship and Immigration Services, foreign spouses and children can obtain a K-3 visa and travel to the United States to become permanent residents through an adjustment of status, but this process is not immediate.

To apply for the K-3 visa, the following documents must be sent by mail to the United States Department of Homeland Security:

• form I-129,

• a copy of Form I-797 that states the I-130 petition was received by Citizenship and Immigration Services,

• additional forms requested in I-129 and

• a fee of $400.

While waiting for approval, if the foreign relatives wish to travel abroad, they need to request advance permission from the Citizenship and Immigration Services prior to traveling. Otherwise, they will abandon their visa applications and will not be allowed to return to the United States.

Moving to and staying in the United States for the time period required by the Citizenship and Immigration Services to be eligible for citizenship

The Citizenship and Immigration Services website states that foreign spouses may apply for citizenship after remaining in the United States for three years, during which they are not allowed to leave the country for more than 6 months at a time.

No information was available on the time period minor children must remain in the country before applying for naturalization.

Applying for naturalization, completing all requirements for the naturalization process, and obtaining citizenship.

Non-citizen spouses need to meet the following requirements:

• Contiguous residence in the United States for three years prior to applying,

• English language proficiency,

• Knowledge of United States history and civics,

• Good moral character,

• Adherence to United States Constitution principles,

• A positive outlook of the United States.

• Filling out Form N-400 along with a fee of $675 by check or money order (application $595, fingerprints $80) and sending it to the nearest Citizenship and Immigration Services office. Fees are non-refundable.

Even though no specific time frame was given for obtaining citizenship, the Citizenship and Immigration Services website claims the bureau has been trying to maximize efforts and complete the process in six months.

If approved, the immigration services will schedule an interview, right after which the applicant can attend the oath ceremony and obtain citizenship. If the applicant requests to attend the ceremony at a later date, he or she will have to make sure they do not miss the appointment. Otherwise, Immigration Services will close the case and dismiss the process.

If the application for citizenship is denied for lack of requirements and not because of eligibility violations, the foreigner may re-apply as many times as necessary until naturalization is granted.

Requesting citizenship for children

To obtain citizenship for youngsters, parents must file N-600 Application for Certificate of Citizenship, along with 2 photographs of the child, additional documentation to verify eligibility and a fee.

For adopted children, parents must file Form N-643, and when the children are older than 18, parents fill out Form N-400.

Once naturalized, all applicants receive a U. S. passport and all the rights of a United States citizen.

For more information about the citizenship process, visit the Guide to Naturalization.

While helpful, this detailed account of facts and steps will not make the actual process less painstaking, but it will definitely save precious time otherwise spent gathering all relevant information. Some expats that have made the big decision to move back to the United States to make their spouse happy may just decide to stay in Costa Rica after reading this article.

Complimentary Article in PDF Fomat