US Rights of a Dominican married to an American

J D Sauser

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Nov 20, 2004
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I am posting this for a Dominican woman who is married to an American (US) citizen.

Situation:

She met the gentleman in the DR and they married here (DR) less than a year ago. They have a contract (regimen de separacion de bienes) drafted in the DR protecting the husband's assets. Her husband lives in the US (NJ) and comes visit every couple of weeks.

Questions:
  1. Can she validate her marriage in the US and if yes, would the US consulate in the DR be the first place to approach? And if so, does she need her husband to consent or help?
  2. The husband is telling her that he is processing "her papers", so that she can join him to live in the US (I don't believe it). It was my understanding that she is the one who has to apply for a residency visa at the US consulate in the DR personally and that nobody else can do that in her name(?).
  3. If her marriage would be recognized in the US or by the US authorities thru it's consulate here in the DR, would the DR contract be included? In other words is he protected by a Dominican contract in the US - is a Domincan contract valid in the US?
  4. If the contract is valid in the US, would she still be eligible to inherit any US based assets held by her husband once she would find herself a widow (yes, he is much older than her)?
  5. If he divorces her, can she claim any type of financial help or compensation in the US even while she still resides in the DR?
Thanks! ... J-D.
 

J D Sauser

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could she?

Apparently she's a gold digger.
If a prenup is in place, she'll try to get him by inheritance.


Let's leave discussions about who is digging what out'a whom for a first step, please.

But yes, contract (regimen de separacion de bienes) = "prenup"

Inheritance (that was my question #4): Can she? For assets in the States... assets world wide, too or only DR? In case of his demise, would she be considered just like an American widow?

... J-D.
 
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Kyle

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Jun 2, 2006
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the potential problem here i see is if something was to happen to him (he crokes in the US), how can she claim anything in the US if she lives in the DR and has no visa or passport ?

i'm not a lawyer but i believe she can only claim what is on dominican soil as far as his assets. now she can come to the US possibly, get a lawyer (which is expensive) and fight it in court.

so i guess his non-gold digging plan of not getting her a visa or passport is his protection. :laugh:
 
C

Chip00

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I'm an American and my wife is Dominican and we married 7 years ago in the DR and I petioned her - here are my answers based on my experience.

Questions:
  1. Can she validate her marriage in the US and if yes, would the US consulate in the DR be the first place to approach? And if so, does she need her husband to consent or help?

    From what I remember and what the below link states the Dominican marriage documents are submitted to the USCIS during the petioning process.

  2. The husband is telling her that he is processing "her papers", so that she can join him to live in the US (I don't believe it). It was my understanding that she is the one who has to apply for a residency visa at the US consulate in the DR personally and that nobody else can do that in her name(?).

    She can't petition for residency on her behalf - she needs someone to do it for her.

  3. If her marriage would be recognized in the US or by the US authorities thru it's consulate here in the DR, would the DR contract be included? In other words is he protected by a Dominican contract in the US - is a Domincan contract valid in the US?
  4. If the contract is valid in the US, would she still be eligible to inherit any US based assets held by her husband once she would find herself a widow (yes, he is much older than her)?
  5. If he divorces her, can she claim any type of financial help or compensation in the US even while she still resides in the DR?
Thanks! ... J-D.[/QUOTE]

The UCSIS more than likely won't have any say or interest in the marriage contract. The best thing to find out her rights with this regard would be a lawyer.

See below links to find out about the I-130 petioning process and the actual application which show the required documents.

Petition for Alien Relative
http://www.uscis.gov/files/form/I-130.pdf
 

SantiagoDR

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The husband is telling her that he is processing "her papers", so that she can join him to live in the US (I don't believe it). It was my understanding that she is the one who has to apply for a residency visa at the US consulate in the DR personally and that nobody else can do that in her name(?).

It takes a long time to get that done through U.S. Immigration. I have an American friend here that is married to a Domincana and it has been a year or more so far, he just recently got the ok to send in the Affadavit of Support for her.

I think you do not understand the time involved to do this. They have in your words, been married less than a year, less time then it takes to do the paper work.

It is the husband as Chip saids, that must petition for the wife.
Some "searching" on DR1 will do wonders in finding out these details.
Yes, you will have to read though many responses.

This is NOT a sarcastic reply, just stating the facts.........

I have another friend that was also married to a Dominicana for several years and he had one hell of a time to get her a visa, and that was before 9-11. It took him about 2 years. My neighbor with three kids from the woman just got rejected this month from the consulate in Santo Domingo after over a year of waiting.

Don?t look for a quick visa to the U.S., it just won?t happen now-a-days.

It takes a long time.........
 

J D Sauser

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Thanks for the answers so far. I appreciate you all stuck to the questions.
I know that the immigration process takes forever. Still her being his legal wife HERE makes her his legal wife anywhere.
I can not believe that her marriage would not be 100% legal and thus protected in the States. If it wasn't an American citizen could then be married in the States and accumulate other marriages abroad... would that be legal? I doubt it.

... J-D.
 

Hillbilly

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Jan 1, 2002
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J.D> I am pretty sure that that prenup is also binding in the states...

She might want to make sure she is taken care of here first. have him put a couple of million pesos in the bank for her in a trust fund. She can live off the interest or blow it as she sees fit.

He will probably be dead before her case comes up, IF he has filed a petition for her.

How does she know he wasn't married in the states??? That happens at times.

Nope, I'd say get things settled here first, and then look to the north...

HB
 

Fabio J. Guzman

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Jan 1, 2002
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An American attorney would have to step in and answer this one.

From a Dominican attorney's point of view (which may not hold water in the US):

1) Her Dominican marriage is as valid in the US as the marriage of an American couple who married in the US and came to live here in the DR. Countries usually recognize marriages held in other countries unless questions of public order arise, for example, polygamy (neither the DR nor the US would recognize the four marriages of a Muslim celebrated in a country which allows such marriages.)

2) Don't know. This is US immigration law.

3) I believe it would be recognized as valid in the US; the same as a American pre-nuptial agreement would be recognized as valid here.

4) This depends on US inheritance law.

5) No, if the prenup is valid, as I think it is.
 

J D Sauser

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An American attorney would have to step in and answer this one.

From a Dominican attorney's point of view (which may not hold water in the US):

1) Her Dominican marriage is as valid in the US as the marriage of an American couple who married in the US and came to live here in the DR. Countries usually recognize marriages held in other countries unless questions of public order arise, for example, polygamy (neither the DR nor the US would recognize the four marriages of a Muslim celebrated in a country which allows such marriages.)

2) Don't know. This is US immigration law.

3) I believe it would be recognized as valid in the US; the same as a American pre-nuptial agreement would be recognized as valid here.

4) This depends on US inheritance law.

5) No, if the prenup is valid, as I think it is.


Thank you Sir for your time. I appreciate the fact that it mostly involves US law. I was only hoping some could share actual experience.

Thanks! ... J-D.
 

Musicqueen

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Jan 31, 2002
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Chip00 is absolutely right...

SHE can't petition herself...her husband has to do it...this is US Immigration we're talking about...and right now the process is taking between 18 to 24 months to be approved...and waiting is no guarantee the VISA would actually be issued at all...:paranoid:

There are numerous questions during the interview that have to be answered...and from the OP's postings...this woman is in this marriage for MONEY and not LOVE...:pirate:

I seriously doubt she'll be able to pass the interview...the CO's are highly trained to detect ANY and ALL minute details of a fake marriage...:ermm:

The fact she's so hell bent on finding out if the pre-nup would be legal and binding here in the US is the first indication she's a gold digger...the second being the age difference...especially if the guy is SIGNIFICANTLY older than her...:devious:

And if you think I'm being harsh, just wait till they get to the CO's window...:cool:
 

curiosita

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Jun 4, 2007
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As an American lawyer, let me tell you a few things--none of which constitute advice rather information for you to consider. As you will see below, each state of the US has its own laws, so many specific answers about the rules are dependent on the jurisdiction. But, immigration law is a federal matter and the states have no role to play.

Although each state has its own specific rules, legal foreign marriages are generally recognized in the US. All this means, however, is that the individual is considered married. (I.e. the recognition has almost no immigration consequences.) Remember it must be a legally valid Dominican wedding to even pass go.

Although the process for petitioning for either immigrant or nonimmigrant status for your friend must be started by her spouse and will take a long time, it actually requires substantial information that the husband will have no access to without her involvement. Also, for a certain status the petition must be made in the Dominican Republic, so it would appear that your friend has lots of information already about the likelihood that the process has begun. (see the immigration site below for specifics).

On the prenup, two issues arise:
(1) does the US jurisdiction in which it is supposed to be enforced recognize this type of agreement? (Most recognize some such agreements, but many limit it severely. And some don't recognize those from other states or countries.)
(2) Can the individual seeking to enforce the agreement prove it is a validly and validly executed document governed by Dominican law that should be recognized in the state. This is a complicated, case specific question, that must be handled by a lawyer. But it basically involves asking whether prenups are valid in the Dominican Republic and whether the American husband can prove the prenup was validly executed.

Note: otherwise valid prenups may be invalidated to prevent extreme hardship to one of the parties or may not be recognized because they were unfair.

As for inheritance... again this is a state specific question. However, most states in the US have a law that states that the spouse of an individual dying without a will will take at least some (and, at times, all) of that individual's property. Where that spouse lives and citizenship is irrelevant, except to finding her. If her husband has a will, it will generally be followed--including if the wife is given nothing. However, most jurisdictions also allow a spouse who is not allocated anything in the will to contest the will and receive a statutory portion.

Finally, her divorce options depend on the state where it occurs. I have not heard of spousal support being denied because the individual lived out of state/country, but it would be rather difficult to monitor and enforce. On the other hand, if the prenup is enforced and includes a provision that eliminates spousal support, she will not be able to make the claim.

See these places for more info. It obviously is from the perspective of the American in the marriage, but they explain the process:

Marriage of U.S. Citizens Abroad
Spouse and Fiance(e) of an American Citizen
Divorce Abroad
Marriage to a US Citizen

Final note: US law, unlike the civil law, is HIGHLY dependent on the particular state, and the particular facts of the case. It is not wise to gauge your prospects without first consulting an attorney with experience in the relevant field, in the relevant state. (I'd say you need an immigration attorney, a matrimonial lawyer, and an estate planner practicing in probably New Jersey to give you a more accurate picture of your friend's situation/prospects.)
 

J D Sauser

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Thank you very much for your in depth answer, curiosita. I appreciate very much the time and effort. You have been very helpful.

For those who indulge in sanky rumors, yes, it's an unlike couple. But I would like to think there were indeed feelings involved on both sides at some time at least, just that now the gentleman seems to have lost the interest, not just in her but the whole island all together and that she does not seem to fit into his Caribbean dream picture anymore (so, she is told).
All this time he has told her he was "having her papers done" so she would join him in the States. I am not inclined to believe it, since she has never had to sign any papers or speak before any member of the US consular staff and the time being too short as most of you here seem to confirm. Now, while he would apparently still love to keep on visiting her at his own pleasure, he is inviting her to divorce him (what a lovely invitation!), while he is still trying to make her believe that he has "her papers ready". However, she does not care to go to the US as an unwed woman and as things are going in her marriage right now, she does not care to go anyway.

Yes, when a woman in her early twenties weds a man into his sixties, one would be foolish not to suspect at least the possibility of some business minded thinking on her part. Still, one should then also not forget to also question the interest(s) of the other party. This, just being my opinion.

... J-D.
 

Musicqueen

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Jan 31, 2002
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If the man doesn't want to be involved with her anymore, there isn't much she can do...

If HE doesn't file the paperwork for her to come to the US, there is little chance in hell she will be able to on her own...

Tell her to forget the whole thing, chalk it up to experience...and next time, try to pick a better prospect...

THIS is also just my opinion...

Mrs. MQ
 

SUSBOS5

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The paperwork does take awhile to process. I know from experience. First you have to apply for the availability of a visa number. Then the Department of State sends you more paperwork to complete. Affidavit of support, fingerprinting, biometrics, etc... then the American consolate in her country will send her documents and request an interview from her there. It takes about 1 1/2 to 2 years. But when she goes to America she will have a Green Card (depending on how long they had been married - either a 2 year temporary or a 10 year permenant) and can apply for a social security card and be 100% legal.

As for the pre-nup, if he bothered to have one drafted in RD than he will most probably have it translated to english and attach it to an American drafted pre-nup and file it again in the US with his lawyer there.