Abogado / Lawyer - Civil Marriage Prenup / Immigration / Residency

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GringoRubio

Bronze
Oct 15, 2015
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Can anybody recommend a lawyer?

I might as well explain: I'm working on a visa for my girlfriend, but I just can't see how it would be approved or, at least, it would be a crap shoot. If it fails, I'm not willing to wait another year with another mark on her Visa record. I'm thinking that a Civil Marriage in the DR may be the best way to approach this, and it would open up the K Visas as well as a possible route. If I can get a K-Visa, why not just approve the B visa as we don't plan to immigrate to the USA. She's not ready for a Boda/Wedding, and I'm probably not either. However, a civil marriage would probably pave the way to a B visa or at least, dramatically improve the chances. We also have a business going in the DR and we're thinking of another, so it would also clarify the ownership of these enterprises.

I did this before as a friend to a young woman in Grenada and it really turned out badly. (She actually just got a 10 year visitor visa with an invitation from a family member.) I just don't see how this situation would be different from that one other than that I would attend the appointment/cita with her in Santo Domingo.

I'm still digging out from the great recession and she's not wealthy either, so we can't pave the way to a visa with money.

Any thoughts?
 
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Bred

Bronze
Aug 13, 2006
854
50
48
Sosua
GringoRubio said:
If I can get a K-Visa, why not just approve the B visa as we don't plan to immigrate to the USA.
Click to expand...

If she is eligible for K visa, then the answer is obvious - she can't get B1/B2 visa in similar circumstances. Because for B1/B2 visa requirements she is considered a potential immigrant.

According to U.S. Immigration and Naturalization laws and statutes, every applicant is presumed to be an intending immigrant until he/she establishes to the full satisfaction of the consular officer, at the time of interview and to the immigration officer at the time of application for admission at any port of entry, that he/she is entitled to nonimmigrant status and intends to return to his/her own country after completing the purpose of their travel in the U.S.

The burden of proof is on the applicant to establish qualification for nonimmigrant status and the type of nonimmigrant visa for which the application is made. U.S consular officers base issuance or denial of visas on the requirements of the Immigration and Nationality Act of 1952, as amended. To obtain a visitors visa, applicants must demonstrate they have a residence abroad, sufficient financial resources to undertake the trip, and family and professional ties to their home country to establish that they will depart the U.S after completion of the trip.


 
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GringoRubio

Bronze
Oct 15, 2015
1,162
116
63
Bred said:
If she is eligible for K visa, then the answer is obvious - she can't get B1/B2 visa in similar circumstances. Because for B1/B2 visa requirements she is considered a potential immigrant.
Click to expand...

I think that underscores my need for some professional help; perhaps even of the psychiatric variety. :)
 
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dv8

Gold
Sep 27, 2006
31,266
363
0
ok, i moved it to legal for you so that you get better answers and less useless chat :)

if you do not plan to actually live in the USA then maybe it's better to apply for a regular visitor visa? in that case it may be better not to get married, i think. does she have a job and stuff to her name that would show that she has enough to come back to?
 
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Expat-in-Cabarete

Bronze
Jan 17, 2009
1,622
59
48
"I'm working on a visa for my girlfriend, but I just can't see how it would be approved or, at least, it would be a crap shoot."

It works but it takes time. I know a couple of women here who got it for their boyfriends. My brother got his girlfriends (she's German) and still took almost a year. Be patient.
 
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chic

Silver
Nov 20, 2013
4,305
1
0
just putyour money in her name to show her intents toreturn here to spend it..
 
franco1111

franco1111

Bronze
May 29, 2013
1,248
229
63
Gringo
GringoRubio said:
Can anybody recommend a lawyer?

I might as well explain: I'm working on a visa for my girlfriend, but I just can't see how it would be approved or, at least, it would be a crap shoot. If it fails, I'm not willing to wait another year with another mark on her Visa record. I'm thinking that a Civil Marriage in the DR may be the best way to approach this, and it would open up the K Visas as well as a possible route. If I can get a K-Visa, why not just approve the B visa as we don't plan to immigrate to the USA. She's not ready for a Boda/Wedding, and I'm probably not either. However, a civil marriage would probably pave the way to a B visa or at least, dramatically improve the chances. We also have a business going in the DR and we're thinking of another, so it would also clarify the ownership of these enterprises.

I did this before as a friend to a young woman in Grenada and it really turned out badly. (She actually just got a 10 year visitor visa with an invitation from a family member.) I just don't see how this situation would be different from that one other than that I would attend the appointment/cita with her in Santo Domingo.

I'm still digging out from the great recession and she's not wealthy either, so we can't pave the way to a visa with money.

Any thoughts?
Click to expand...

If you are counting on going to the appointment/cita with her, you might want to check first. My neighbor who went through it said you can't.
 
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cavok

Silver
Jun 16, 2014
9,629
4,122
113
Cabarete
franco1111 said:
If you are counting on going to the appointment/cita with her, you might want to check first. My neighbor who went through it said you can't.
Click to expand...

You cannot accompany her to the interview. They won't even let you in the door of the Embassy. Your girlfriend will have to overwhelmingly convince the immigration officer that she has strong family and financial ties, like owning a house, mucho dinero en el banco, a good, respectable job with proof of that employment, etc, ie. - every reason to return to the DR and not stay in the US.
 
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GringoRubio

Bronze
Oct 15, 2015
1,162
116
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cavok said:
You cannot accompany her to the interview. They won't even let you in the door of the Embassy. Your girlfriend will have to overwhelmingly convince the immigration officer that she has strong family and financial ties, like owning a house, mucho dinero en el banco, a good, respectable job with proof of that employment, etc, ie. - every reason to return to the DR and not stay in the US.
Click to expand...

Good info. Thanks.
 
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GringoRubio

Bronze
Oct 15, 2015
1,162
116
63
Expat-in-Cabarete said:
Be patient.
Click to expand...

Good advice.

Problem is that I'm contemplating switching jobs and my travel will no longer be subsidized. Besides the weekend thing while I'm working obsessively on projects in the USA isn't working out as it's hard on both me and the relationship. I'm not willing to give up on the relationship either. It would be so much easier if we could travel together.

I think I just need some legal assistance to navigate these waters. I have a lawyer friend in Miami that works on this. I just thought that maybe a solid lawyer in the DR that could do the same job at a more reasonable rate.
 
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windeguy

Platinum
Jul 10, 2004
42,211
5,969
113
If you marry her in the DR, you will have to sponsor her for US Residency. She will not get a visitor's visa if you are married. If you are already married, her burden of proof that she will return to the DR will by insurmountable.
 
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chic

Silver
Nov 20, 2013
4,305
1
0
i still like the idea of putting a large sum of money in her name....kind of levels the playing field.... years ago i

had a beautiful g.f. and although we had broken we still chatted.....she had met a nyc guy who really wanted to l
ive w/her,etc......i told her to tell him to "level the field""" by putting 100k$usd in her acct...
 
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