Messed up in timing for residency/naturalization

artistdani · Apr 2, 2015

In August 2014 I started the residency process in my home country. Moved to the DR in September with a visa (RS) in my passport valid for 2 months. I was intending to apply as a pensioner.

I did not continue the process as I decided to finally get married with my Dominican in October 2014. I was told that I needed to be married for 6 months before I can apply for naturalization. Also, since my birth certificate was issued in July 2014 and that my visa would be expired by the time I can apply for naturalization I would then have to pay a small fine.

Now that I am getting into the naturalization process... my "official" tells me I must obtain residency first. That is contrary to what I understood. Am I lost or what?

Where do I find how the fine is calculated for being late in applying given the circumstances? I did have to pay the overstay fee when I had to run back to my home country at the end of November 2014. I re-entered the DR in December 2014 on a regular tourist card as the visa was expired.

I understand I do not have to go back to my home country to start the naturalization process. It can be started here in the DR. Do I have to be here legally i.e. not on tourist overstay, in order to apply for naturalization? That would explain why my "official" tells me I need residency first.

As it happens, I have to go back to my home country for the month of June. I could come back to the DR in July on a tourist card and apply for naturalization then with a new birth certificate (less than 6 months old). Does that avoid getting the residency first?

I am confused and all my "official" says is... I need residency first. And she is looking into the fine for the expired visa.

Help please!

mountainannie · Apr 2, 2015

Guzm?n Ariza | The Dominican Republic law firm

you need to speak to a lawyer.

I have never heard that there was a time limit on the validity time of an appostilled birth certificate. There should be no need for a "new" birth certificate.

It is my understanding that a woman marrying a Dominican does not need residency to apply for citizenship.

You are now a lady MARRIED to a Dominican. https://www.youtube.com/watch?v=0dm6eh-3GnE

pay the regular overstay for one year...

call Guzman..

don't even worry about it...

if anyone gives you any problems just say Mi Esposo Dominicano dice "

congratulations... eat more chocolate.

Matilda · Apr 2, 2015

If you are a man you need residency first as well as being married to a Dominican woman for 6 months. If you are a woman married to a Dominican man you don't. Only men married to Dominican women need residency. And yes, your apostilled birth certificate has a to be less than 6 months old. If you need to know any more then pm me.

Matilda

artistdani · Apr 2, 2015

Annie... the paperwork requires a birth certificate issued no more than 6 months prior. Crazy but that is the way it is.

Yessss on the chocolate!

Tks on the smile re Barbara Streisand! She was young in that video!

Cdn_Gringo · Apr 2, 2015

If you do in fact need residency, you're probably starting again from the beginning. Some of your documents can still be used but your criminal record check needs to less than six months old when submitted for a visa and here at Migracion in the DR. Your application will probably not be accepted in SD without a new residency visa in your passport. You can't apply as a tourist and you cannot apply while in the country illegally.

Best case, you don't need a residency visa but you will still need a new CR check. Get a competent second opinion from an immigration lawyer with a proven track record.

bob saunders · Apr 2, 2015

mountainannie said:
Guzm?n Ariza | The Dominican Republic law firm

you need to speak to a lawyer.

I have never heard that there was a time limit on the validity time of an appostilled birth certificate. There should be no need for a "new" birth certificate.

It is my understanding that a woman marrying a Dominican does not need residency to apply for citizenship.

You are now a lady MARRIED to a Dominican. https://www.youtube.com/watch?v=0dm6eh-3GnE

pay the regular overstay for one year...

call Guzman..

don't even worry about it...

if anyone gives you any problems just say Mi Esposo Dominicano dice "

congratulations... eat more chocolate.

In the DR there is a time limit of max six months for any paperwork dealing with immigration. I went on Tuesday to try and get my certificaci?n para naturalizaci?n por matrimonio con nacionales Dominicanos, one of the many items required for naturalization( citizenship). One of the items is a copy of your original marriage certificate. Well, to my surprise in the DR original doesn't mean original . The clerk said it had to be a new copy of the original which really confused me. We called her supervisor over and she explained that it had to be a Fotocopia Acta de Matrimonio ( no more than a month old) not a copy of the original. Almost a waste of a day but my wife was able to get her Dominican drivers licence with no test...etc by getting a certification of her Canadian licence done at the Canadian Embassy. 2200 pesos plus 630 legalization, plus 900 for the licence transfer. Very quick and very easy process.

La Profe_1 · Apr 2, 2015

This was posted by AlterEgo in September of 2014.

Here is part of a letter I received from Guzman-Ariza Attorneys, it should answer your questions. I'm told an attorney is not a necessity, you can try to do it yourself:

We?d be delighted to assist you in obtaining Dominican citizenship as the wife of a Dominican citizen, based on Article 11 of the Constitution and Article 1 of Law 1683 of 1948. I?m pleased to inform you that you are elegible to apply for Dominican citizenship directly, without applying for residency first

The application to the Ministry of Interior must be signed by both spouses and must be submitted with the following documents:

1) Certified copy of the marriage certificate, legalized at the Junta Central Electoral. If the marriage took place abroad, the certificate should be Apostilled in the country where it was issued or authenticated at the Dominican Consulate nearest to the place of issue of the document. If such country is a party of the Hague Convention, the authentication with the Apostille is mandatory.
If the marriage certificate is in a foreign language, it should be translated into Spanish by a translator certified in the DR.and authenticated at the General Attorney?s office in Santo Domingo.

2) Original or certified copy of your birth certificate, Apostilled in the country where it was issued or authenticated at the Dominican Consulate nearest to the place of issue of the document. If such country is a party of the Hague Convention, the authentication with the Apostille is mandatory. If the marriage certificate is in a foreign language, it should be translated into Spanish by a translator certified in the DR.and authenticated at the General Attorney?s office in Santo Domingo.

3) Certified copy of the husband?s birth certificate, legalized at the Junta Central Electoral.

4) 4 pictures, 2 x 2, of the wife (front view).

5) Photocopy of the husband?s C?dula.

6) Photocopy of the wife?s Passport.

7) Stamps, government fees, etc.

The couple should be married for at least six months before submitting the application.

You?ll need to be present at the Ministry of the Interior at least twice: the first for an interview a week after filing the application, and the second for the swearing-in as a Dominican citizen.

The process takes a minimum of 10 months to be completed and you do not have to live in the country during the process.

I hope I have been detailed enough in describing the proceedings. If you need any additional information, please let me know.

I've heard the apostiles/certifications must be less than 6 months old.

I took the above from her post in this thread:

http://dr1.com/forums/legal/144904-dominican-residency-via-marriage.html

Hope this helps.

mountainannie · Apr 2, 2015

Matilda said:
If you are a man you need residency first as well as being married to a Dominican woman for 6 months. If you are a woman married to a Dominican man you don't. Only men married to Dominican women need residency. And yes, your apostilled birth certificate has a to be less than 6 months old. If you need to know any more then pm me.

Matilda

Do you have any government link that says that for the birth certifcate?

bob saunders · Apr 2, 2015

mountainannie said:
Do you have any government link that says that for the birth certifcate?

http://www.seip.gob.do/Portals/0/do...on/REQUISITOS POR MATRIMONIO PARA HOMBRE1.pdf
This is for a man married to a Dominican woman, but other than the residency requirement the paperwork and process are the same.

mountainannie · Apr 2, 2015

Embassy of the Dominican Republic, in the United States

it says there, very clearly, that MARRIAGE certificates for marriages inside the Dominican Republic, need to be no more than 6 months old. So, one would assume that if this were also the case for BIRTH certificates, that would be stated.

It costs somewhere around $400 to get an apostilled US birth certificate so this is no small expense for folks to have to do over.

Cdn_Gringo · Apr 2, 2015

In the end it doesn't really matter what is presented on an Embassy site in Kathmandu, it's what the DR Govt functionary is accepting and expecting on the day you walk through the door here.

I feel for the OP. When I was in SD I met a couple who's consultant failed to deposit the application before the expiry date and they had to start all over. Once was enough for me. It will be interesting to hear how the OP makes out if they feel like updating their story later on.

bob saunders · Apr 3, 2015

mountainannie said:
Embassy of the Dominican Republic, in the United States

it says there, very clearly, that MARRIAGE certificates for marriages inside the Dominican Republic, need to be no more than 6 months old. So, one would assume that if this were also the case for BIRTH certificates, that would be stated.

It costs somewhere around $400 to get an apostilled US birth certificate so this is no small expense for folks to have to do over.

Wow, way cheaper for us Canucks, $140 for translation and legalization, no apostil required.

malko · Apr 3, 2015

Matilda is spot on.

#1. U need residency.
#2. U need to get ure RS visa again in home country......and dont let it expire......
#3. Apostillated, translated birthcertificate, less than 6 month ( crazy, I know..... but thats how it is.....).
#4. Ure original wedding certificate is NOT " in extensa", most of the time. That is the one u need.......only "big " towns can get it for u..... in the campo, no chance......
#5. Might need a more recent "criminal record ".......
#6. Make sure ure passport has at least a year left on it........

Good luck..... I feel for u.......its a crazy process........try and not lose all ure hair.....

malko · Apr 3, 2015

bob saunders said:
Wow, way cheaper for us Canucks, $140 for translation and legalization, no apostil required.

Switzerland, 15 chf for birth certificate, in 4 languages...... free apostil........ at the time I did mine.

DRdreaming · Apr 3, 2015

mountainannie said:
Embassy of the Dominican Republic, in the United States

it says there, very clearly, that MARRIAGE certificates for marriages inside the Dominican Republic, need to be no more than 6 months old. So, one would assume that if this were also the case for BIRTH certificates, that would be stated.

It costs somewhere around $400 to get an apostilled US birth certificate so this is no small expense for folks to have to do over.

I paid $70 USD for translation (through the consulate in Boston), less than $10 USD to have it apostilled, and I think it was $10USD to get the original certificate. This was in 2013. The consulate had everything ready for me to pick up within two weeks. I know I paid more than some for the translation, but it was very convenient. All I had to do was drop off my original, they took care of everything else.

MikeFisher · Apr 3, 2015

birth certificate from germany, 5 Euros, and for a total of 7 euros you get 2 originals.
weird thingy with a birth certificate expiring for the immigrations process, but yes, it is as fact as it is, makes no sense.
for everything else which is not with immigrations, it doesn't matter how many years ago a foreign birth certificate been issued, it stays always valid, so don't throw away the one you already have.

Mike

AlterEgo · Apr 3, 2015

mountainannie said:
Embassy of the Dominican Republic, in the United States

it says there, very clearly, that MARRIAGE certificates for marriages inside the Dominican Republic, need to be no more than 6 months old. So, one would assume that if this were also the case for BIRTH certificates, that would be stated.

It costs somewhere around $400 to get an apostilled US birth certificate so this is no small expense for folks to have to do over.

$400??? I was born in Manhattan - cost $35 for the long birth form from Dept. of Health, and $10 to Albany for an apostile.

Translation in SD is 800 pesos a page by certified translator that Matilda recommended.

Cdn_Gringo · Apr 3, 2015

malko said:
#6. Make sure ure passport has at least a year left on it........

Interesting side note re: passports.

When I was in SD, to deposit my paperwork, my renewed passport was issued about six months prior. Apparently the DR prefers passports that are issued at least 12 months previously. They let this slide but felt it important enough to mention. I can't for the life of me figure why this would be an issue and of course no one can explain the reasoning behind it, so I didn't pursue an explanation.

artistdani · Apr 3, 2015

OK, here is what I think is the link for "requisitos nationalizacion por matrimonio mujer": http://www.seip.gob.do/Portals/0/do...ion/REQUISITOS POR MATRIMONIO PARA MUJER1.pdf

#10 and #11 says I need provisional residency, and must have had it for at least 6 months!
10. Certificaci?n de la Direcci?n General de Migraci?n donde conste que tiene m?s de seis meses de Residencia Provisional en el pa?s.
11. Copia a color del permiso de Residencia Provisional con un m?nimo de vigencia de seis (6) meses.

It was a reputed lawyer that told me that a small fine takes care of an expired residency visa. But there was no mention of birth certificate.

Will let my lawyer sort it all out as this is clear as mud!

artistdani · Apr 3, 2015

Cdn_Gringo said:
Interesting side note re: passports.

When I was in SD, to deposit my paperwork, my renewed passport was issued about six months prior. Apparently the DR prefers passports that are issued at least 12 months previously. They let this slide but felt it important enough to mention. I can't for the life of me figure why this would be an issue and of course no one can explain the reasoning behind it, so I didn't pursue an explanation.

Gosh... I renewed my passport in July 2014. Maybe showing my previous passport will help???

Messed up in timing for residency/naturalization

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