Is a divorce in Dominican Republic Valid

[ChrisAndAnnie 0]

Dear Friends:

Please advice me on the following, as the day for my interview is coming close (a couple of months) and I am beginning to panic ... I have married three times. The first two marriages were in New York City. The first marriage, I ended it with a divorce in the Dominican Republic, although I am a USA citizen of Ecuadorian descent. My then wife was Dominican. I then proceeded to just marry for a second time, and then divorced my second wife five years later, this time in New York City. I married again in Ecuador, and I petition her through an I-130 petition, of which I am about to send the I-864 affidavit, for which I expect to receive an interview date for my wife in Ecuador in two months tops. To make it short, I am afraid the consults at the Ecuadorian consulate are going to ask my wife for documents of my two previous divorces, and the minute the consuls see the Dominican divorce, they are going to say that it is not valid. Can someone please give light on this, and please any experience or factual knowledge on this matter will be greatly appreciated. What is specifically requested as valid divorce papers in the interview?

Thanks

ChrisAndAnnie

Edited December 26, 2010 by ChrisAndAnnie

[desert_fox 32]

Dear Friends:

Please advice me on the following, as the day for my interview is coming close (a couple of months) and I am beginning to panic ... I have married three times. The first two marriages were in New York City. The first marriage, I ended it with a divorce in the Dominican Republic, although I am a USA citizen of Ecuadorian descent. My then wife was Dominican. I then proceeded to just marry for a second time, and then divorced my second wife five years later, this time in New York City. I married again in Ecuador, and I petition her through an I-130 petition, of which I am about to send the I-864 affidavit, for which I expect to receive an interview date for my wife in Ecuador in two months tops. To make it short, I am afraid the consults at the Ecuadorian consulate are going to ask my wife for documents of my two previous divorces, and the minute the consuls see the Dominican divorce, they are going to say that it is not valid. Can someone please give light on this, and please any experience or factual knowledge on this matter will be greatly appreciated. What is specifically requested as valid divorce papers in the interview?

Thanks

ChrisAndAnnie

The DR is well know for quickie divorces. Just fly down there one day, get a dirvorce and fly back the next..

Usually the courts consider if it was done solely to circumvent the laws of your home state before they give validity to the divorce. If they find that this is the case they will not enforce it or consider it legal.

If you obtained the divorce, then it prob will not be considered legal eventhough your ex resides in the DR unles she was a part of the procedure. The USCIS usually does not consider these divorces to be legal or enforceable.

You should run this across a NY family lawyer to get a legal opinion.

[pushbrk 12,114]

The DR is well know for quickie divorces. Just fly down there one day, get a dirvorce and fly back the next..

Usually the courts consider if it was done solely to circumvent the laws of your home state before they give validity to the divorce. If they find that this is the case they will not enforce it or consider it legal.

If you obtained the divorce, then it prob will not be considered legal eventhough your ex resides in the DR unles she was a part of the procedure. The USCIS usually does not consider these divorces to be legal or enforceable.

You should run this across a NY family lawyer to get a legal opinion.

I answered a duplicate post in another forum, indicating if the petitioner disclosed all previous marriages and provided divorce decrees for the divorces and the case is now at the consulate awaiting interview, then USCIS has already approved the petition, making the validity of any disclosed divorces, "already adjudicated" or decided upon. Only if the marriage and divorce was NOT disclosed could this still be an issue. If that's the case, they have a much larger problem than the divorce issue. They would be facing a material misrepresentation finding.

[desert_fox 32]

I answered a duplicate post in another forum, indicating if the petitioner disclosed all previous marriages and provided divorce decrees for the divorces and the case is now at the consulate awaiting interview, then USCIS has already approved the petition, making the validity of any disclosed divorces, "already adjudicated" or decided upon. Only if the marriage and divorce was NOT disclosed could this still be an issue. If that's the case, they have a much larger problem than the divorce issue. They would be facing a material misrepresentation finding.

I dont know what the laws of New You are, but in California and states that have adopted the Unifrm Divorce recognition act, its a basically a voidable divorce. The State of California will not give any legal meaning to it since it was dont solely to circumvent the Family Code of Calif. A county clerk will not issue you a Marriage License based upon such a divorce as the state will not give any legal creedence to it.

With this being saidn a adjucicator may be aware of the isue and the NY laws and may send it to their legal department for an opinion. I've seen ppl refused for mail in quickie Guam Divorces etc.

Take yoiu chances or seek a legal opinion.

[pushbrk 12,114]

I dont know what the laws of New You are, but in California and states that have adopted the Unifrm Divorce recognition act, its a basically a voidable divorce. The State of California will not give any legal meaning to it since it was dont solely to circumvent the Family Code of Calif. A county clerk will not issue you a Marriage License based upon such a divorce as the state will not give any legal creedence to it.

With this being saidn a adjucicator may be aware of the isue and the NY laws and may send it to their legal department for an opinion. I've seen ppl refused for mail in quickie Guam Divorces etc.

Take yoiu chances or seek a legal opinion.

Again, if properly disclosed and documented, USCIS is responsible for determining if the couple is currently legally married and was free to marry at the time of the current marriage. There has been no indication laws were circumvented to obtain the divorce. What we DO know is that one of the parties to the divorce was Dominican.