Marriage and immigration to DR

If I were you, I would file for residencia without the marriage. This needs to be done back home, prior to you coming to the DR. Then you can choose where you'd like to live, but it might be best to get your own apartment. Take things slow. What do you have to lose?

And whatever you do.... don't give/send money. I mean - go ahead if you want to. But that's a massive red flag.

In answer to your question, if you marry a Dominican citizen you will qualify for residency under the family reunification category.  However, you will need to apply for residency which requires that you first obtain a visa from the Dominican consulate in your country of origin.  Although a file can be submitted to any consulate while you are in the DR, once the visa is approved you will be required to travel back to your country  in order to have the visa stamped onto your passport by the consulate.  Once the visa is issued you will have sixty days to return to the DR to apply for residency via the Immigration Dept.   Good luck!

I agree start residency way before.

And take it slow as I indicated in your other post.

Good Evening,

I've been in a relationship with a woman in the DR for awhile and we are talking about getting married. About how long does it take for me to get residencia there while I am here in the states waiting on paperwork to process and if I kept majority of my money in US accounts is there risk in the event of a divorce or would the assets be limited to money in Dominican accounts? IE (401k, Roth, etc)

Are you think residency for family reunification?   If so you don't qualify for financial reasons you just need to be married.

If trying to qualify as a retiree or by income the money can stay in USA but you have to prove income.

Your assets in the states remain yours. I also suggest  getting a prenup agreement.

You would be surprised how many couples in DR say they are married and have not had a formal marriage. They live together with their children as esposa/marido but have never found the time to go through with even the short civil ceremony.

My suggestion is that you first live together here with spouse to be for a decent period of time - years - before embarking on a formal marriage. I am of course assuming that your plan is to live here? There is no stigmas here being a couple and referring to each other as my esposa until such time you are absolutely sure of each other. Who wants to get married? You or her?

You should investigate all residency options open to you and as far as your assets are concerned, and don't disclose the full picture.

Now if you cohabit, if I am correct, legally your partner would be considered 'concubinato' and they do have some rights in the event of a split, so again research that.

If you are going to simply live with someone make sure you understand the law AND what actually happens here.  They are two different things.

I would be applying for residency through marriage. She has family in the states too so yes a prenup might be good.

Thank you

She wants to get married and she said she doesn't care if we live in DR or the states.It would seem to be hard to live with her as you say because the residency options have changed. I'm not retired and my only income is my job which is remote. From what I understand that is not enough they want you to have rentals or SSN or some type of monthly income besides a job. I have overstayed my visa before but from what I have been reading they are cracking down on that and I really wouldn't want to wear out my welcome.

It sounds like your only route to residencia is via marriage.  Just make sure to protect yourself and go for it.  I am assuming you actually want to marry her. If not, then don't!

Hey Planner,

Would you have a good lawyer to recommend for a prenup?

You need to know that living with a Woman more than 6 Month together she is Part of the Household and she will have the same rights a married Woman has .
first : 50 % of all material benefits in your House are her's
Second : if she is pregnant it is even worst
Third In a marriage or Reletionship similar to marriage does not exist any Crime exept Violation or Homicide . The Woman can scam you take very money from your Accounts , sell Property . No matter it is legal and you can not do any EXEPT YOU MADE BEFORE SHE MOVED IN A CONTRACT . if she only lived 24 hours with you before she did sign the Contract it does not woth the paper it is print on exept she decalres to step back form all rights before this Pact ( the marriage contract ) WATCH IT !

Yes I do have a good lawyer for this. Tell me where you are.

And the "6months rule" is not correct.   Anyone living common law needs good legal advice. Period.  There are too many war stories out there. Get the facts from a good lawyer.

In Santiago Domingo I recommend Lily at 809 860 1231. She is on Whatsapp and speaks English.

Hey Planner. I'm going to be in Santo Domingo I was wanting to get her to sign prenup to protect assets in America in event of divorce. (prenup) Also I read that you have to have a government official sign off on the prenup as well as you have to register it somewhere?

Greetings Fellow Expats, so let me preface this by saying this is not legal advice. Something came across my mind today and that is open source. Another way to say sharing information freely. I wanted to let you know I appreciate you all have been very helpful and  just wanted to share a link from the civil registry in Santo Domingo that talks about what marriage requirements.  Here is the link and simply use google translate:

https://ayuda.jce.gob.do/kb/a27/cuales- … civil.aspx

I am posting this because I had a really hard time getting the info from the source and figured there may be some of you that had a difficult time too like myself. If this helped you please comment and let me know thanks.

Great info, thanks.

So I am now getting my birth certificate then I will take to Tallahassee to get it Apostilled for marriage then I am reading they want a single affidavit? Is that something I do in USA also or do I do that in Santo Domingo?

Also My fellow Florida residents I found a link that you may find educational for the Apostille process:
[link under review]

That is some you need to do in the US of course because they what to know if you have ever been married .

Thank you, my concern is that I had one lawyer tell me that it is something you do in DR (DR Lawyer) and another lawyer say something you do in America so I was just trying to get clarification from someone that may have gone through same process for immigration through marriage.

If you have never lived in the DR how can you bee married in the DR ?                                        I even had a Problem in Germany to get this Document because I got told that they can not confirm what not exist , only existing acts they can confirm . I got from an Officer at the Registration ( in Germany we have to register every move we make inside the Country even if we move in one City only changing address we need to register that at the Civil office) that makes Things easy to see if ever been married in Germany . In the US I do not know  but the Certificate has to come from there .And again translated and legalized . with Postille if it comes hard .

Yes you can marry in DR even with never living there. I found the single status affidavit they are asking for in US but DR lawyer is saying that I don't need it in USA that he has it there for me to sign so I don't know but if anyone has married from USA to DR person but if so that would be good to get their input as well.

Yes you can marry in the DR without living there , but this has not been my Point my Point has been if never have been in the DR . For the Dominican System it is easy to check if you ever has gone married in the DR, BUT not if you have been married in other Country and exactly that is this Document for .

Very true that's why I was confused as well. I think the DR lawyer is wrong and I need the single aff. ordered here in the states.

There has been an Option to do a Declaration in Front of a Notary that you are Single and may this is what the Lawyer is talking about , but it would be more secure if you have this single aff from the US legalized by the DR Embassy in the Us .

Ok that makes sense. thank you

classygringo

You provided above a link of the Junta Central Electoral. The answer to your question is in that page.


En los casos de extranjeros, acta de nacimiento, pasaporte, si el mismo está en castellano y consigna el estado civil como soltero(a) no es obligatoria la presentación de la constancia de soltería. Para los demás casos, constancia de soltería expedida por el Registro Civil del país de origen o residencia de éstos. 

Foreigners : Birth certificate, Passport, IF the passport is written in Castellano AND mentions the Civil Status : not obliged to provide a Single Status Certificate. Otherwise, Single Status Certificate issued by the country of origin/residency is compulsory.


Nota 1: En el caso de los extranjeros, toda documentación que presenten deberá estar legalizada y apostillada del país de origen. En caso que se trate de un país que no sea signatario del Convenio de la Apostilla de la Haya la constancia de declaración debe estar legalizada por la autoridad consular dominicana acreditada al lugar donde fue expedida.

Note 1 : Foreigners, all documents require the apostille of the country of origin. If the country did not sign the Hague Convention, the certificate must be legalized by the Dominican Consular Authority where it was issued.

Si el documento no está escrito en castellano debe ser traducido por un intérprete judicial y legalizado por la Procuraduría General de la República y la Secretaría de Relaciones Exteriores ...

If the document is not written in Castellano, it must be translated by sworn interpreter and legalized by  the Procuraduría General de la República  AND la Secretaría de Relaciones Exteriores ...

It is up to you to check if the United States signed that convention ...