Dominican Passport for eventual USA visa

mt_net · #1 03-20-2009, 12:40 AM

Saludos to all those on this board.

This is my first post and I am quite excited to have stumbled upon what appears to be a very energetic and involved bunch of people.

I post here because my question is legal in nature. Maybe someone has run across this issue and found out what it best in this case. Even if it may have been after the fact in their (your) case I could learn from the experience.

My Dominican bride and I marry in May. I am from the USA but been living here a long while. She is awaiting a name change on her cedula as the oldest record of her birth certificate is different than all her other papers, (current cedula, university diploma, etc.) In any case, she has not applied for a passport until she gets back her new cedula that will match the birth certificate.

At some point we would like to visit the family in the states but are not urgent for this. Obviously she would need a passport and a visa. My question is, is there an advantage in waiting until we have our marriage documented before applying for her passport or does this not matter at all?
Does a Dominican passport indicate marriage status?
What about for the American Consulate?
Would they prefer to see that she have a passport indicating she is married?

Any ideas on this matter would be much appreciated.

Thanks,
MT

woezy · #2 03-20-2009, 06:46 AM

i won't be able to help you with your quest since i'm just a PoP-lover as a tourist, but i do wanna wish you luck and say 'congratulations' :-)

windeguy · #3 03-20-2009, 10:53 AM

Here is the problem in a nutshell as I have faced it for a US citizen that lives here, does not want to live in the US and wants to have a spouse visit the US:

1) You have the option to apply for a visitor's visa for your wife (or fiance) to visit the US. There is a very small chance she will be approved. I mean a really, tiny, infinitesimally small chance it will happen. Sound unfair? It is, but that is the truth. Your visa application fee will almost certainly be a donation to the US government. They simply do not grant visitors visas in those situations. (I hope to hear from others out there that this is not always true as I have found it to be. )

2) Next option is that since you live here, you can apply for a "green card" or legal permanent residence for your wife. After filling out a number of forms and paying some pretty high fees, and waiting for about one year or more, you wife will probably have a here green card with a condition that it be renewed in a couple of years. NOTE: if you don't really live in the US it will NOT be renewed. Then what do you do? Start the process all over?

Riddle me this: why do they let you be the sponsor for your spouse for such a green card in the first place if you say you live in the DR? It only works long term if you do relocate to the US.

3) I am not certain about applying for a fiance visa in this case. If you are getting married in May, I don't think it will apply in this case since the waiting period for such a visa is much longer than a couple of months.

4) Wait for 3 years or more after you are married and apply for the green card as in 2 above. She will get a 10 year renewable card without that condition, which still could be removed at any time you try to re-enter the US if they really check and find you don't "live" there. I don't have experience on what happens at the 10 year renew point.

So, you live here but want to visit the US with your Dominican wife? It will not be easy to do what you want unless the US Government changes the rules it uses. I invite anyone to add their personal experiences that may be different to what I have found.

Hillbilly · #4 03-20-2009, 11:32 AM

I do think that above all else you had better document your relationship as much as you can. Photos, certificates...the whole nine yards..

Do go to the consulate and talk to some one...get some answers. It will be somewhat of a struggle, but it is certainly doable..

HB

mt_net · #5 03-20-2009, 01:38 PM

You guys are great!

I will keep you informed. The main issue right now we are trying to measure is the timing. When to start each process...

What has been your experience in using local professional help. (referring to abogados not buscones

)

AnnaC · #6 03-20-2009, 03:02 PM

You might get more in-depth answers on this site Dominicans to the USA - Index

Good luck

amparocorp · #7 03-20-2009, 05:27 PM

you didn't tell us about your financial status and none of us care, but you say your bride is a college graduate, does she have a good job? money in the bank? nice car in her name? her name on any real estate? it may be easier to just apply for a visitor visa............

windeguy · #8 03-20-2009, 07:32 PM

Since you can read English, the forms for either the visitor's visa or residency will be straight forward. I do not believe you need to pay for professional help.

Keep in mind that your relationship with her will not be a positive factor in getting a visitor's visa. It is all about her motivations to return to the DR after the visit. If you search

Dominicans to the USA - Index

You will see more about that.

mt_net · #9 03-22-2009, 04:05 PM

Again, good stuff. I looked at the referenced site and it was definitely an eye opener.

Something that may be to our advantage is that we are not under pressure economically or otherwise to visit the States soon. Ideally we would like to have the option of visiting there when need be, for a friend's wedding, for vacation, a death in the family, stuff like that. Stuff that tends to be not super foreseeable.

My future wife is a Medical Doctor but has not acquired her specialty. Here in DR that seems to mean she is a "Licenciada" instead of a "Doctora." While she may study for a specialty, we are still undecided. She has had a stable (while not high-paying) job for the past 3-4 years. She is going to be leaving that and doing something else after we are married. Both of us are principally occupied in volunteer work.

Neither of us have substantial assets here in the country or elsewhere. How does money fit into the picture?

I am leaning for first trying the Visitor visa after we have been married a while. Then depending on how that goes, maybe a K3 in the future.

A question I have about the K3, that I did not see clearly addressed is: What happens after the traveler gets to the states and changes his/her status to legal permanent resident? (I see that this is required)

Is that it? Can they move about freely? Or do they have to wait a specific time before returning home to DR?

My biggest nightmare is getting trapped in the States due to immigration status restraints.

What do you say?
Matt

edm7583 · #10 03-22-2009, 09:19 PM

Quote:

Originally Posted by mt_net

My biggest nightmare is getting trapped in the States due to immigration status restraints.

What do you say?
Matt

You make it sound like doing prison time. Honestly, the INS is focused on the milions of people who want to come to the US to live and settle. The immigration laws were written for this and not designed to do anything for two people who have no intention of living in the US. You will get nothing but the cold shoulder from them.

the K class of visas (fiancee) are immigrant visas designed for people to join their American spouses to live in the US with them. If the American spouse chooses not to live in their own country, I don't now how this situation would qualify for this visa. (sorry, but I can't even comprehend the idea of someone who has the right to live in the US, whether a citizen, permanent resident, or someone who is eligible to get a green card and come here, yet chooses not to) This is probably equally puzzling to US immigration.

If the spouse wants to only visit the US, then the B2 non-immigrant visa is the only way to go, and she would have to meet the requirements that that visa entails.