married or not married??

[Jbzx]

I am in a bit of a different situation than alot of others on here. I am asking these questions because everyone seems to be very helpful and knoweledgeable. Heres the story...
I am getting married in a few weeks. The man I am marrying (MY fiancee), was in a relationship with a Dominican woman for about 2 years. During that time, he went through all the neccessary steps to try and bring her to the USA. He took what we think is "legal responsibility" over her, but the DR still denied her the right to move to USA. Due to complications of a long distance relationship, they eventually parted. He decided to keep living in the USA and she of course stayed in DR. What we want to know is 1) Is he legally married to her because he took the legal responsibility over her, and 2) Can she later use her legal responsibility with him to come to the USA?. He wants to lose all legal responsibility over her and we dont know what it is we have to do. Anyone that can have any info. is greatly appreciated...Thank you for reading this and for your input!

[Rick Snyder]

Jbzx,
Let me start off by welcoming you to DR1. Someone should be getting back to you shortly with a reply to your questions.

While I'm here I myself would ask a couple of questions of you that you haven't made clear. Is your fiancee American? While in the relationship with the Dominican did he get married to her with the necessary paperwork in the town hall? Did he get married to her through a church? What is your definition of "legal responsibility"?

As far as the Dominican government is concerned as to a Dominican going to the USA is by allowing a Dominican passport or not. The travel to the USA is either allowed or disallowed by the US government.

Rick

[HOWMAR]

I think the OP is asking if a Common Law Marriage is recognized in the DR. Here is Fabio's response previously.

#3 03-15-2002, 06:01 AM
Fabio J. Guzman
DR1 Expert Join Date: Jan 2002
Posts: 917



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There is no such thing as a "common law" wife in the Dominican Republic. Living together with a woman is never equivalent to a normal marriage.

However, certain provisions in the Labor Code, the Minors Code and the Criminal Code acknowledge that living together has legal consequences. For example, a worker has the right to a few days off work if his concubine gives birth to his child; domestic violence to a concubine is treated the same as domestic violence to a wife. Recently, on October 17, 2001, a Supreme Court decision gave a surviving concubine the right to sue for the wrongful death of her companion in an automobile accident under very restrictive conditions: a) the couple must have lived as if they were husband and wife, in a public relationship, not hidden or secret; b) the relationship must be stable and long-lasting; c) the relationship must be monogamous and non-adulterous since its origins ; and d) the couple should be of different sexes. The ruling goes on to say expressly that "marriage and extra matrimonial companionship are not . . equivalent realities”.

[Jbzx]

thank you for allowing me to be more clear and welcoming me here...
He is a US citizen, He unfortunately isnt exactly sure if he definately did marry her. If he did, it would have been by paperwork only, no church wedding or anything. His only goal was to bring her to USA. What he does know is that he did take what he calls "legal responsibility" over her so that she would have been able to prove to the Government that she would be financially stable and have a home... Basically prove that she wouldnt have to live off the american government if she were a US citizen. Please be aware that I am not sure if we are using the proper term when I say "legal responsibility". They still did not allow her to come to the USA. I personally am not sure why. I would think that if he did marry her, they would have definately allowed her to come to USA. He just isnt sure if he married her or not, wierd, but true. He looked in the "book" that documents marriages and such, but the office said they werent sure because they weren;t able to find something... We dont know how valid that statement is.

[suarezn]

I think what he must have done is send in an affidavit of support which you are required to file is you're petitioning for a person. This states that you're responsible for that person and their expenses if they don't have other form of income.

Now as to whether he was married or not, how can he not know? He should know when he petitioned for her if he petitioned for a K-1 visa (as a fiancee) or as a normal spouse, in which case he's married. He should know if he went to The DR and got in front of a judge and signed a marriage book. He also should know when he filed which papers did he have to send in. If he filed married then he had to send in a translated copy of the marriage certificate.

IMO your fiancee is not telling you the whole story.

[Jbzx]

SUAREZN- You come with alot of knoweledge, Thank you! Maybe you can help me with these questions as well.

1) If he did marry her, Would the copy of the marriage certificate have to have been translated even though he "married" her in the DR? 2) And if he did in fact marry her, would it still be valid even though he hasnt been to DR for 3 years nor has had any form of contact with her? 3) This may be a dumb question but, Would a Dominican citizen have to have the marriage certificate renewed or updated if she is married to an American citizen? 4) And If she is married to him, can she use him as a way to later come to the US.? 5) How long is an affidavit of support good for; does it have to be renewed?
-I am almost positive that he never married her because if he did, Im sure he would have remembered a MARRIAGE CERTIFICATE. So, as for another question of mine, If he did "send in an affidavit of support" is he legally married to her. And can we still get married?

[boca chica dave]

Forget about anything to do with support coming to US etc. The thing that matters is if a marriage document exists which would have been done when they married before a civil offical-- kind of like a justice of the peace. This paper would then be filed at the necessary court and stamped. It is my believe that if they went through thisand even though it may not have been filed there exists a signed document which would constitute marriage. If there is no cooresponding document to negate the marriage he would in fact be guilty of poligimy in the US.

[rellosk]

Originally Posted by Jbzx

1) If he did marry her, Would the copy of the marriage certificate have to have been translated even though he "married" her in the DR?

Not necessarily.

Originally Posted by Jbzx

2) And if he did in fact marry her, would it still be valid even though he hasnt been to DR for 3 years nor has had any form of contact with her?

Of course.

Originally Posted by Jbzx

3) This may be a dumb question but, Would a Dominican citizen have to have the marriage certificate renewed or updated if she is married to an American citizen?

Why?

Originally Posted by Jbzx

4) And If she is married to him, can she use him as a way to later come to the US.?

Yes, but he would need to be involved in the process.

Originally Posted by Jbzx

5) How long is an affidavit of support good for; does it have to be renewed?

If you are referring to the INS affidavit of support, it's good forever. Sometimes the government will ask for an update.

Originally Posted by Jbzx

-I am almost positive that he never married her because if he did, Im sure he would have remembered a MARRIAGE CERTIFICATE. So, as for another question of mine, If he did "send in an affidavit of support" is he legally married to her. And can we still get married?

The INS affidavit of support does not make one legally married.

How can you fiancee not know if he has been married. As another poster said, I don't believe he is telling you the full story.

[suarezn]

As Boca Chica Dave mentioned above the affidavit of support is just a formality and really should have nothing to do with what you're trying to do. What you need to find out is if he's married or not and I'm sure he KNOWS. If he did get married and never divorced then he's still married. You don't have to renew a marriage certificate to stay married. I don't think she can use the marriage certificate to come to the US, as HE would have to petition for her.

It's a very simple question to ask him. When he petitioned for her, did he petition as a Fiancee (K-1 visa) or as a spouse? That will give you your answer. If he petitioned for her as a spouse then he's married and needs to be divorced before he can marry you.

[Jbzx]

Thanks for your answers! The reason I ask if the doc. would have to be updated is because it seems that other forms of documents like visas, etc., have to be renewed. I wasnt sure if it would be the same in this type of situation.
I read somewhere in another post that a man can become a Dominican citizen if he marries a Dominican woman,but how come that doesn't apply to a Dominican woman to be a US citizen if she marries an American man. I know its off topic, but it just doesnt seem very fair to the Dominican citizen to not have that same right.
As for my fiancee being married. We are now both positive he didnt marry her because he never signed a marriage certificate, nor go before a judge. He does know that he did the affidavit of support, but wasnt sure if that would mean he had married her too. We now realize he didnt marry her, he only signed an affidavit of support. And according to rellosk, that doesnt mean he is legally married to her. That was definately our main concern. We just thought that the INS form would have legally married them. It is definately peace of mind that we can go on with our lives and our wedding.

Do you know how to void the INS affidavit of support since he no longer wants to have responsibility over her. What steps do we have to take, how long does it take, how much does it cost? etc...