US Rights of a Dominican married to an American

[J D Sauser]

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.

[rubio_higuey]

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

[J D Sauser]

Originally Posted by rubio_higuey

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.

[Kyle]

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.

[planner]

I will try to get you some answers from a lawyer.

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]

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]

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]

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]

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.