Marrying Dominican as a dual citizenship and starting Visa Process

suarezj519

Member
May 14, 2014
115
1
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Hey guys,

So me and my GF of almost 5 years now are planning to get married here in the DR this year. I have investigated a lot about the marriage and visa process here and am still confused. Curious if someone with some knowledge can lead me step by step. I want to know do I marry as a Dominican Citizen or a US citizen to her? Also, what are the documents needed? I heard that there is this new form we need, 2 forms stating that we are single or something like that? Also, once we are married I was told to take my marriage certificate back to the US and get it translated and validated there? That is all I have heard so far. On to the visa part, once that is all set and done was is the correct visa that I need to get her permanent residence in the US. I know there is k3 or another type. We are both students so I already have a party to sponsor her there. I just want to know in detail the whole process of going through marriage and visa. I have looked at Dominicanatotheusa.com but have not seen anyone with a similar situation... Thanks to anyone that can help.
 

Caonabo

LIFE IS GOOD
Sep 27, 2017
7,339
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With so many differing factors involved, you may want to sit down with a legitimate immigration attorney. It may be money well spent, as opposed to gathering different opinions on an internet forum. Go direct to the source, and may I add, congratulations.
 

SKY

Gold
Apr 11, 2004
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Good advice by the previous poster. However make sure it is a US Attorney.
 

cavok

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Jun 16, 2014
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I think you're going to need two attorneys - one here in the DR to tell you what documents you need here for the marriage, and another in the US for obtaining the immigration visa.

I hope the sponsor you have isn't a friend, because a friend can't sponsor your wife - only her parents(or you) can provided they are US citizens or US residents. Don't believe any lawyer that tells you otherwise - you'll be wasting time and money.
 

bellakins

Active member
May 31, 2008
218
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You might be better off getting the K1 fiancé-visa, then marrying in the US within 90 days.
 

PICHARDO

One Dominican at a time, please!
May 15, 2003
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Santiago de Los 30 Caballeros
Hey guys,

So me and my GF of almost 5 years now are planning to get married here in the DR this year. I have investigated a lot about the marriage and visa process here and am still confused. Curious if someone with some knowledge can lead me step by step. I want to know do I marry as a Dominican Citizen or a US citizen to her? Also, what are the documents needed? I heard that there is this new form we need, 2 forms stating that we are single or something like that? Also, once we are married I was told to take my marriage certificate back to the US and get it translated and validated there? That is all I have heard so far. On to the visa part, once that is all set and done was is the correct visa that I need to get her permanent residence in the US. I know there is k3 or another type. We are both students so I already have a party to sponsor her there. I just want to know in detail the whole process of going through marriage and visa. I have looked at Dominicanatotheusa.com but have not seen anyone with a similar situation... Thanks to anyone that can help.




My best advice is to try and get her to the US consulate for a tourist visa interview. Before you guys get married.
Your odds of getting her the residency that way increase 100-fold.
If she gets the visa, then marry and collect all the required documents, then hop a flight to the US.
Once there fill the forms for her petition and her financial sponsor since you don’t work.
You can mail the application there and it will be around a year, more or less for that to move along the chain.

If she can’t get the tourist visa, the process is the same, save for the having to wait in the DR for the interview and whole process. It also takes way longer.

In the US, she can file for adjustment of status if she enters with a tourist visa and stay legally till it’s done.
At the same time as filing for the residency, she can file for a work permit too, whilst she waits for her approval and interview.

It has been getting harder to obtain the fiancée visa nowadays with the always changing rules by the present administration.
Since you both study, and you are in the DR, it will be hard to get one for her.

You don’t need a lawyer in the DR for any of it, nor in the US for that matter.
 

PICHARDO

One Dominican at a time, please!
May 15, 2003
13,280
893
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Santiago de Los 30 Caballeros
If you decide to file for k-1 visa, you must file this application: (i-129f)
https://www.uscis.gov/system/files_force/files/form/i-129f.pdf?download=1

Then once approved and she goes to the consulate to get the visa on her passport, you have 90 days to get married in the states and proceed in two ways:
#1- She stays with you there and you file for her adjustment of status immediately as well as work permit.
Using forms: 
i-485 
https://www.uscis.gov/i-485
And form
i-765
https://www.uscis.gov/i-765

#2- She returns to the DR, maybe you too, to continue her studies here. At this point she can’t get a visa to the US unless you file the i-485 and follow up the whole thing in the DR.

If you decide and she can get a tourist visa before you guys marry in the DR, you can skip to meeting with her in the US and getting married there and filing both the i-485 and i-765. Stay both there and she gets her residency quicker.

You can also marry in the DR and just skip the fiancée visa application and then file like above, resulting in waiting for her interview in the DR whilst you both continue your studies here. 

If it’s a real marriage, the interview won’t be a problem. 
When marrying in the DR, it’s recommended waiting sometime before applying for the residency...

In all cases you don’t need a lawyer. Don’t waste your money!

Be aware that even if you have a sponsor to deal with income support, you still need to file a form as economic sponsor as well because you are the one sponsoring the residency in the first place. Also the sponsor must supply income tax documentation to back up the financial support they will sign for her. They must meet a threshold of income in order to qualify as sponsors. If they have spouses and kids, they also factor into the calculations. In case of married sponsors, they both must sign the forms.

Hope that helps you a bit...
Lawyers are only good and needed when your case is anything but simple like this one. 
Triple check all form entries for errors! Only use usps money orders!
When you get a request for something from them, only send what they ask for, not a single thing more!

A bit of advice: Get a health insurance package in the DR that also will cover her in the US, before you apply for anything!
Once she gets a work permit in the US, make sure that whatever job she gets they offer health insurance benefits with it.
 

PICHARDO

One Dominican at a time, please!
May 15, 2003
13,280
893
113
Santiago de Los 30 Caballeros
I think you're going to need two attorneys - one here in the DR to tell you what documents you need here for the marriage, and another in the US for obtaining the immigration visa.

I hope the sponsor you have isn't a friend, because a friend can't sponsor your wife - only her parents(or you) can provided they are US citizens or US residents. Don't believe any lawyer that tells you otherwise - you'll be wasting time and money.





Nope!
No need for a lawyer in the DR, no need for a lawyer in the US!
The DHS has made great changes to how things work for simple cases like theirs here.
Also the support thingy you are not correct! It’s correct that he MUST file as the principal party, but he can also add another party as extended support. They need not be even related by blood!

Like I posted, he needs to file a support form even if he doesn’t meet the income threshold and add another party for that.
That’s why a lot of applications get denied, they don’t follow the perfectly laid out instructions by USCIS...

Let’s not confuse the young folks’
 

wuarhat

I am a out of touch hippie.
Nov 13, 2006
1,378
89
48
My best advice is to try and get her to the US consulate for a tourist visa interview. Before you guys get married.
Your odds of getting her the residency that way increase 100-fold. If she gets the visa, then marry and collect all the required documents, then hop a flight to the US. Once there fill the forms for her petition and her financial sponsor since you don’t work. You can mail the application there and it will be around a year, more or less for that to move along the chain.
Sounds like nonsense to me. Given the OP's stated intentions this sounds like what is considered a fraudulent visa application. The US Department of State would not be positively impressed if they sniffed it out, nor would there be any significant gains for assuming this risk. suarezj519 if indeed you have decided to marry you are on the right track. Based on my experience marrying her in LRD would be much easier and less expensive, especially if both are Dominican citizens. I know that the only thing I did with my marriage certificate in the USA was forward a copy to State to prove our status. I think if you frequent LRD the easiest thing to do would be go to a courthouse and ask what they want or, if not, just have your fiancée go and ask what two Dominicans need to marry. From what I've seen, I think two cedulas (one each) will do it.
I know that seven years ago my wife's Dominican uncle married a Dominican woman with US permanent residence in a Santo Domingo courthouse, as Dominicans, and the only hurdle to getting him a visa was the affidavit of support. If you have dual citizenship I don't think their is any crime in using the benefits that either affords you. However, if you can get some professional consultation at a reasonable rate do it.
 

cavok

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Jun 16, 2014
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Nope!
No need for a lawyer in the DR, no need for a lawyer in the US!
The DHS has made great changes to how things work for simple cases like theirs here.
Also the support thingy you are not correct! It’s correct that he MUST file as the principal party, but he can also add another party as extended support. They need not be even related by blood!

Like I posted, he needs to file a support form even if he doesn’t meet the income threshold and add another party for that.
That’s why a lot of applications get denied, they don’t follow the perfectly laid out instructions by USCIS...

Let’s not confuse the young folks’

Not a good idea!

Going to the US on a tourist visa with the intent to get married is VISA FRAUD! Yes, some people have gotten away with scamming the system like this and managed to pull this off. Others have not been so lucky . If caught, the OP's wife will probably never be approved for any kind of visa ever again.

As far as sponsors go, I was referring to the primary/direct sponsor. Yes, a friend can be a joint sponsor with a US citizen who is petitioning an immediate relative or spouse in this case.

The OP had questions regarding the marriage here in the DR and immigration to the US. I suggest that he consult with a lawyer to get answers to those questions. He does not need a lawyer for the entire process.

I think the K-1 visa is probably the best option for the OP. Another good reason to consult with an attorney. We don't know all the details of their particular case.

Let's not give the young folks very risky advice that could ruin their future together in the US.
 

suarezj519

Member
May 14, 2014
115
1
18
Thanks for the posts guys. As of right now we are only focusing on the marriage part and once my finances are better the application process will begin. My GF's uncle is a lawyer and I do have a friend who is a lawyer (both from cotui area), so at least they're not charging in just explaining the procedures to me. My main concern with any visa process is getting rejected and then I'd be out of money for that. I basically want it the first go around, but all I can do is hope. My mom went the k1 visa route back to get my dad to the US in the early 90s after his student visa expired. That got rejected, so they married in the DR instead. I've asked him for advice on this, but since it was so long ago and more thank likely processes have changed, that I don't know if he's much help haha. Me and my gf are both in our 20s with her almost finished with school and basically we just want to be more financially stable and focus on our future together in a place with better opportunities for both of us. Maybe I should sign up for next season of 90 day fiance haha..yeah right.
 

wuarhat

I am a out of touch hippie.
Nov 13, 2006
1,378
89
48
Not a good idea!

Going to the US on a tourist visa with the intent to get married is VISA FRAUD! Yes, some people have gotten away with scamming the system like this and managed to pull this off. Others have not been so lucky . If caught, the OP's wife will probably never be approved for any kind of visa ever again.

As far as sponsors go, I was referring to the primary/direct sponsor. Yes, a friend can be a joint sponsor with a US citizen who is petitioning an immediate relative or spouse in this case.

The OP had questions regarding the marriage here in the DR and immigration to the US. I suggest that he consult with a lawyer to get answers to those questions. He does not need a lawyer for the entire process.

I think the K-1 visa is probably the best option for the OP. Another good reason to consult with an attorney. We don't know all the details of their particular case.

Let's not give the young folks very risky advice that could ruin their future together in the US.

Good advice, with the exception of the K-1 visa (if that's the fiancée visa). I think two Dominicans can get married in less than a week for a couple thousand pesos if all they're after is the status (marital). In the US, unless they go to Vegas (which would still be more troublesome than LRD), they'll be jumping through hoops for months all the time dishing out Benjamins, and there's no guarantee there'll be any payoff on applying for the visa in the first place. If they're married already the only reasons for rejection are criminal activity, inability to prove a real marriage (not likely unless it is an arranged marriage of convenience), and no affidavit of support.

Thanks for the posts guys. As of right now we are only focusing on the marriage part and once my finances are better the application process will begin. My GF's uncle is a lawyer and I do have a friend who is a lawyer (both from cotui area), so at least they're not charging in just explaining the procedures to me. My main concern with any visa process is getting rejected and then I'd be out of money for that. I basically want it the first go around, but all I can do is hope. My mom went the k1 visa route back to get my dad to the US in the early 90s after his student visa expired. That got rejected, so they married in the DR instead. I've asked him for advice on this, but since it was so long ago and more thank likely processes have changed, that I don't know if he's much help haha. Me and my gf are both in our 20s with her almost finished with school and basically we just want to be more financially stable and focus on our future together in a place with better opportunities for both of us. Maybe I should sign up for next season of 90 day fiance haha..yeah right.

You're on the right track. The highest hurdle you have is the affidavit of support (I think they call it I-181), and that is not very hard. You'll know before you send in the application if you've cleared it. It's hard to have a job without clearing that hurdle so get one.
 

cavok

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Jun 16, 2014
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Good advice, with the exception of the K-1 visa (if that's the fiancée visa). I think two Dominicans can get married in less than a week for a couple thousand pesos if all they're after is the status (marital). In the US, unless they go to Vegas (which would still be more troublesome than LRD), they'll be jumping through hoops for months all the time dishing out Benjamins, and there's no guarantee there'll be any payoff on applying for the visa in the first place. If they're married already the only reasons for rejection are criminal activity, inability to prove a real marriage (not likely unless it is an arranged marriage of convenience), and no affidavit of support.



You're on the right track. The highest hurdle you have is the affidavit of support (I think they call it I-181), and that is not very hard. You'll know before you send in the application if you've cleared it. It's hard to have a job without clearing that hurdle so get one.

Yes, a K-1 is a fiancee visa. From what you say it does sound like getting married as Dominicans is the way to go and the OP said he wanted to do everything in one shot, so the K-1 probably isn't for him.

However, a friend of mine recently married his GF from Chile. His lawyer recommend he get the K-1 for who knows what reason(?). Every situation is different.

Most of what you have to do for a spousal visa is done when applying for the K-1 visa. It takes less time to get a K-1 than a CR1 or an Ir1, but it also costs more since you have to apply for an adjustment of status after getting married.

His fiancee brought the required documents for the marriage with her and, one month after she arrived in the US, they were married. That part was no problem for them anyway.
 

windeguy

Platinum
Jul 10, 2004
42,211
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Sounds like nonsense to me. Given the OP's stated intentions this sounds like what is considered a fraudulent visa application. The US Department of State would not be positively impressed if they sniffed it out, nor would there be any significant gains for assuming this risk. suarezj519 if indeed you have decided to marry you are on the right track. Based on my experience marrying her in LRD would be much easier and less expensive, especially if both are Dominican citizens. I know that the only thing I did with my marriage certificate in the USA was forward a copy to State to prove our status. I think if you frequent LRD the easiest thing to do would be go to a courthouse and ask what they want or, if not, just have your fiancée go and ask what two Dominicans need to marry. From what I've seen, I think two cedulas (one each) will do it.
I know that seven years ago my wife's Dominican uncle married a Dominican woman with US permanent residence in a Santo Domingo courthouse, as Dominicans, and the only hurdle to getting him a visa was the affidavit of support. If you have dual citizenship I don't think their is any crime in using the benefits that either affords you. However, if you can get some professional consultation at a reasonable rate do it.

I was going to say the same thing about a fraudulent visa application by going the route PICHARDO suggested.. Hmmm.

It may indeed get harder for family members to be allowed into the US. It really is about time that the US started to set requirements that give precedence to people who will be productive and not just everyone's family member once one of them gets residency.
 

Scott18684

Active member
Jun 10, 2018
106
36
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If you decide to file for k-1 visa, you must file this application: (i-129f)
https://www.uscis.gov/system/files_force/files/form/i-129f.pdf?download=1

Then once approved and she goes to the consulate to get the visa on her passport, you have 90 days to get married in the states and proceed in two ways:
#1- She stays with you there and you file for her adjustment of status immediately as well as work permit.
Using forms: 
i-485 
https://www.uscis.gov/i-485
And form
i-765
https://www.uscis.gov/i-765

#2- She returns to the DR, maybe you too, to continue her studies here. At this point she can’t get a visa to the US unless you file the i-485 and follow up the whole thing in the DR.

If you decide and she can get a tourist visa before you guys marry in the DR, you can skip to meeting with her in the US and getting married there and filing both the i-485 and i-765. Stay both there and she gets her residency quicker.

You can also marry in the DR and just skip the fiancée visa application and then file like above, resulting in waiting for her interview in the DR whilst you both continue your studies here. 

If it’s a real marriage, the interview won’t be a problem. 
When marrying in the DR, it’s recommended waiting sometime before applying for the residency...

In all cases you don’t need a lawyer. Don’t waste your money!

Be aware that even if you have a sponsor to deal with income support, you still need to file a form as economic sponsor as well because you are the one sponsoring the residency in the first place. Also the sponsor must supply income tax documentation to back up the financial support they will sign for her. They must meet a threshold of income in order to qualify as sponsors. If they have spouses and kids, they also factor into the calculations. In case of married sponsors, they both must sign the forms.

Hope that helps you a bit...
Lawyers are only good and needed when your case is anything but simple like this one. 
Triple check all form entries for errors! Only use usps money orders!
When you get a request for something from them, only send what they ask for, not a single thing more!

A bit of advice: Get a health insurance package in the DR that also will cover her in the US, before you apply for anything!
Once she gets a work permit in the US, make sure that whatever job she gets they offer health insurance benefits with it.

Hello! I married my wife here in Dominican Republic in March 2018 and we had a baby in October 2018 and I got my daughters passport at the embassy filing birth abroad.

We have an approved I-130 for Immigrant visa with USCIS and we did our visa appointment. We have the medical consultation and police certificate. Everything is done except the affidavit of support.

THIS IS OUR ONLY HURDLE. What are the specifications for the affidavit of support and what will the except? I know it is the poverty guideline but is a tax return necessary and for how many years? I claimed a loss for 2017 and my taxes aren't done for 2018. Do you need three years of tax returns? I make about 10,000 a month but I expense a lot out and that isn't considered income. I own my own business and work over the internet.

Can I take in bank statements from 2018 and write a company letter saying what my income will be? Is that enough? If I have to have a tax return will one for 2018 be enough or do I have to go back and file an amendment for 2017 to show income?

Does anyone have first hand knowledge of what they have accepted for the affidavit at a minimum?
 

bob saunders

Platinum
Jan 1, 2002
32,504
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Yes, a K-1 is a fiancee visa. From what you say it does sound like getting married as Dominicans is the way to go and the OP said he wanted to do everything in one shot, so the K-1 probably isn't for him.

However, a friend of mine recently married his GF from Chile. His lawyer recommend he get the K-1 for who knows what reason(?). Every situation is different.

Most of what you have to do for a spousal visa is done when applying for the K-1 visa. It takes less time to get a K-1 than a CR1 or an Ir1, but it also costs more since you have to apply for an adjustment of status after getting married.

His fiancee brought the required documents for the marriage with her and, one month after she arrived in the US, they were married. That part was no problem for them anyway.

f your relative is either a K-1 fiancé(e), a K-3 spouse, or a K-2 or K-4 child of fiancé(e) or spouse, you do not need to submit an affidavit of support at the time you file your Form I-129F petition. Instead, you should submit an affidavit of support at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States.
https://www.uscis.gov/greencard/affidavit-support
 

bob saunders

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Jan 1, 2002
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For the 48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands:
Sponsor's Household Size 100% of HHS Poverty Guidelines* 125% of HHS Poverty Guidelines*
For sponsors on active duty in the U.S. armed forces who are petitioning for their spouse or child For all other sponsors
2 $16,460 $20,575
3 $20,780 $25,975
4 $25, 100 $31,375
5 $29,420 $36,775
6 $33,740 $42,175
7 $38,060 $47,575
8 $42,380
 

Scott18684

Active member
Jun 10, 2018
106
36
28
f your relative is either a K-1 fiancé(e), a K-3 spouse, or a K-2 or K-4 child of fiancé(e) or spouse, you do not need to submit an affidavit of support at the time you file your Form I-129F petition. Instead, you should submit an affidavit of support at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States.
https://www.uscis.gov/greencard/affidavit-support

We are not in the United States we are in Dominican Republic. I am a US citizen and she is dominican citizen. Our next step is to go to our Immigrant Visa Interview at the embassy where we bring the affidavit of support that is the last step.
 

Scott18684

Active member
Jun 10, 2018
106
36
28
For the 48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands:
Sponsor's Household Size 100% of HHS Poverty Guidelines* 125% of HHS Poverty Guidelines*
For sponsors on active duty in the U.S. armed forces who are petitioning for their spouse or child For all other sponsors
2 $16,460 $20,575
3 $20,780 $25,975
4 $25, 100 $31,375
5 $29,420 $36,775
6 $33,740 $42,175
7 $38,060 $47,575
8 $42,380

Yes I know this. My question is will bank statements and a company letter saying my income be enough or do you need a tax return? We got married in 2018 and I would need to file as married filing jointly but she doesnt have a social yes she hasnt been given a visa. It says you must submit a tax return on the website.