Denied - Need Advice

[LadyTre0627 1]

His mother and father are from the DR. His mother travelled to venezuela when she was pregnant (under a false name by the way). He was born in venezuela and his mother brought him to the DR at the age of 1. This birth certificate also has a different name for his mother (the one she travelled under) and a different man signed as his father to get that birth certificate (i dont know why they needed a father to sign.. im sure they have illegitimate children there too).. anyways...Rather than file for dual citizenship (apparently more expensive) when they got to the DR.. his real father (wouldn't put $2 on it) and his mother (under her real last name) went and filed for a birth certificate as if he was born in the DR. This BC has the proper names of his real father and real mother and the last name which he probably should have because it is the last name of his real father. I saw a lawyer today who is communicating with the consulate. Of course we know it is a BAD BAD situation.. we just want some direction on how to begin to fix it. See summary below

Venezuela BC - proper birth location, proper birthdate, wrong mothers name, wrong fathers name, wrong last name for him (based on wrong fathers name)

DR BC - wrong birth location, birthdate is off by one year, correct parents names, correct last name for him

Both Birth Certificates are wrong!!!! His parents screwed him up by the time he was 1 years old. The question is where to even begin. The lawyer hasnt said much other than trying to contact the consulate and see if they are willing to work with him. If not and they file denial then there is waiver...

and BTW.. right hand to God the only time I ever sent money was when I asked him to pay the visa fee to banco popular because I was flying in on a saturday and our appointment was on a monday. He has never asked and has even offered to send me money before (which I couldnt allow based on how poor the economy is there). I offered to send money when he was really sick before because he can't seem to find a decent doctor and has problems with his kidney but he wouldnt let me. This is a legit relationship and he is a really good person. His parents just messed him up BAD.

[David & Diana R 1,006]

His mother and father are from the DR. His mother travelled to venezuela when she was pregnant (under a false name by the way). He was born in venezuela and his mother brought him to the DR at the age of 1. This birth certificate also has a different name for his mother (the one she travelled under) and a different man signed as his father to get that birth certificate (i dont know why they needed a father to sign.. im sure they have illegitimate children there too).. anyways...Rather than file for dual citizenship (apparently more expensive) when they got to the DR.. his real father (wouldn't put $2 on it) and his mother (under her real last name) went and filed for a birth certificate as if he was born in the DR. This BC has the proper names of his real father and real mother and the last name which he probably should have because it is the last name of his real father. I saw a lawyer today who is communicating with the consulate. Of course we know it is a BAD BAD situation.. we just want some direction on how to begin to fix it. See summary below

Venezuela BC - proper birth location, proper birthdate, wrong mothers name, wrong fathers name, wrong last name for him (based on wrong fathers name)

DR BC - wrong birth location, birthdate is off by one year, correct parents names, correct last name for him

Both Birth Certificates are wrong!!!! His parents screwed him up by the time he was 1 years old. The question is where to even begin. The lawyer hasnt said much other than trying to contact the consulate and see if they are willing to work with him. If not and they file denial then there is waiver...

and BTW.. right hand to God the only time I ever sent money was when I asked him to pay the visa fee to banco popular because I was flying in on a saturday and our appointment was on a monday. He has never asked and has even offered to send me money before (which I couldnt allow based on how poor the economy is there). I offered to send money when he was really sick before because he can't seem to find a decent doctor and has problems with his kidney but he wouldnt let me. This is a legit relationship and he is a really good person. His parents just messed him up BAD.

You are correct and let me make one thing perfectly clear. I sympathize with you. I agree that his parent/s screwed him up. With all the mess and apparently no legitimate birth certificate I again say you need lawyers. And not just any old lawyer who says he can help but specialists in immigration law. My guess is he will have to get a whole new birth certificate from Venezuela and you will have to start all over but it might be doable, but only with expert lawyers. And I meant no harm in asking if you are sedning money but unfortunatley that happens more often than we would like to admit and I am very glad to hear you are not being taken advantage of. Good luck and God Bless you both

[LadyTre0627 1]

Thank you and yes I saw an immigration lawyer in DC today (not wasting any time).. First he is going to communicate with the consulate and if and most likely when the denial is processed he will work a waiver. Already working letters to senator. Not sure if it will work but its my only shot other than giving up.

[Zach<3Katiuska 58]

Ok so my fiance went to his second interview today. Here is what happened.. and a summary of his situation.

He was born in Venezuela but his mother and father are both Dominican Republic citizens. His mother brought him back to the DR when he was 1 years old. She then proceeded to get him a DR birth certificate etc which he has a cedula and passport under. This is also the name etc he applied for visa and used up until now. He has never been to venezuela..etc.

The embassy said that he was from venezuela and he admitted it. and they asked him to write a summary and sign the paper saying that. He did. THen they said they don't know if the relationship is real at all now. They also told him to go and get his venezuela birth certificate and they will see what they can do. They also gave him back his passport.

I know this is bad so please remain as much as possible from the exaggerated "just how bad it is" comments..

should he even bother going back with his venezuela birth certificate? He said its in bad shape by the way and needs to get a new one from venezuela but has been unsuccessful in getting a new one from there.

What I need is advice.. any idea of how to fix it or a good recommendation for a good immigration attorney (not a quack).

What part of Venezuela was he born? and yes it takes time..he would have to get an updated birth certificate then he would have to take it to the registro principal then after that he would need to take it to get it legalized(MRI) and (APOSTILLADO) at el Ministerio de Relaciones Exteriones (MRE)

[Zach<3Katiuska 58]

What part of Venezuela was he born? and yes it takes time..he would have to get an updated birth certificate then he would have to take it to the registro principal then after that he would need to take it to get it legalized(MRI) and (APOSTILLADO) at el Ministerio de Relaciones Exteriones (MRE). BTW: Theres this lady here in Venezuela that would do all the work for you.of course you pay her in Venezuelan money...Ive asked her for the price of mine and for the certified copy of birth certificate at the registro principal..shes asking me to pay her 1500 Bolivares(BsF.) and for the birth certificate to be legalized and have it (APOSTILLADO) at MRI and MRE..will be 1000 Bsf...TOTAL: 2500 bsF.....if you would ike to communicate with her this is the number (0212) 328-0052/ (0416) 519-8986 www.apostillavenezuela.com/apostillavzla@gmail.com her name is : Lucymar Rivas. She will do any paperwork for you and she wil provide the instructions(Of course in Spanish) so may want to ask your fiance to speak to her...and the only thing she asks from me is to sign an Authorization letter and give her a copy of my I.D ..in your case.. The copy of his Passport. How did i came across to finding about this lady? Well, this couple who has done the K1 VISA before, and obviously The Beneficiary was Venezuelan. they both paid this lady and she did all the work for them. They said she was very responsible! Hope i helped!

[Ryan H 3,925]

~~~Closed for review.~~~

***Thread back open; two posts violating the TOS and one bickering post removed. Administrative Action taken.***

Edited March 19, 2014 by Ryan H

[llindsay 21]

I guess your parents should have gotten you a birth certificate from Venezuela cause your family was there for 1 year and that was plenty of time to get one. Also they should have a birth of record or something like that in that country. Im surprised DR allow your parents to get a DR birth certificate. Doesn't really matter if he ever visited back to the country or not he was born there and then lived there for 1 year. I hope it works out for you but it seems like the embassy would be right but only cause he made the statement about Venezuela.

Good Luck

[David & Diana R 1,006]

I guess your parents should have gotten you a birth certificate from Venezuela cause your family was there for 1 year and that was plenty of time to get one. Also they should have a birth of record or something like that in that country. Im surprised DR allow your parents to get a DR birth certificate. Doesn't really matter if he ever visited back to the country or not he was born there and then lived there for 1 year. I hope it works out for you but it seems like the embassy would be right but only cause he made the statement about Venezuela.

Good Luck

My wife never had a birth certificate in the Philippines until she was 19. Her adoptive parents could not afford to travel to get the needed paperwork done. So until she met me there was no birth certificate. I had to send her to another Island and she had to go to the hospital where she was born and she begged and pleaded for them to look back into their records. Two days later they called her and told her to come back. She did and they gave her a temporary birth certificate then a few weeks later she had to get an official recorded copy from the NSO there. It was very difficult but it can be done. I am so thankful that her adoptive parents did not "pretend" she was born in Cebu or that would have been a real fiasco to fix.

[Enigma23 68]

I have googled a little bit and it seems that the DR does the same thing for it's Citizens born abroad as the US does. It GIVES THE CHILD US CITIZENSHIP!!!

I think this is fixable and hopefully forgivable... Her is one article that says the child is given Dominican Nationality because of the parents nationality.

http://www.elexpersona.com/EN/infocenter/articles/Pages/steps_to_obtain_dominican_nationality_for_children_with_dominican_parents.aspx

You are doing great!!! You are already on the ball!! He has great lady at his side. :-D Try not to panic!! Don't let nay-sayers get you down... or get you off track. Many people have opinions but lack research.

Keep your head up, your heart clear and keep puttin one foot in front of the other... Keep Faith, do your best, follow the path and signs and intuitions that pop up and lastly Let go and let God work...

Miracles happen all the time!!

I mean I just got a plane ticket last night to the DR for 11 days... for a total sum of 44 dollars... Just by following my own advice.. :-p It works!

Edited March 22, 2014 by Enigma23

[Enigma23 68]

This is directly from the Dominican Embassy in the USA. website here: http://www.domrep.org/faqconsular.html

16) What is required to declare children of Dominicans born abroad?

All children of Dominican parents are Dominicans provided that they are registered in the Dominican Republic. This registration process can be started without cost at any Dominican Consular Office considering that at least one parent is Dominican. Both parents must appear with the child at a Dominican Consular Office and must present the following documentation: a recent photograph of the child (size 2 x 2 inches, white background), Dominican Identity Card (Cédula) of the parents,Dominican Passport of the parents, Dominican Birth Certificate of the parents, Original Birth Certificate of the child issued by the Civil Registry Office where the child was born, Marriage Certificate if the parents are married to each other, one (1) Witness.

For the Birth Declaration to be duly registered, parents must request a transcript of the Birth Certificate Declaration given by the Consular Office at the “Junta Central Electoral” of the Dominican Republic. If the declaration is issued before the 60^th day after the child’s birth it will be considered“oportuna”, after the 60 days “tardía”.

17) What is required of children of Dominican parents born abroad to acquire the Dominican nationality?

Option A: Declare the minor in a Dominican Consular Office and then request a transcript at the “Junta Central Electoral” of the Dominican Republic.

Option B: Request a transcript of the Birth Certificate issued by the Civil Registry Office in the country where the child was born.

Documentation requirements: Birth Certificatetranslated into Spanish and both the original and the translation notarized and Apostilled by the proper authority, Dominican Identity Card (Cédula) of the Dominican parent, Identity Card of the non-Dominican parent (if applicable), letter from the Dominican parent addressed to the “Junta Central Electoral” requesting the transcript of the Birth Certificate so that the child can acquire the Dominican citizenship.

This documentation must be presented for transcript authorization at the “Junta Central Electoral” in the Dominican Republic (located in the Plaza de la Bandera, National District). After paying the Transcript Authorization’s fee, you must choose a Civil Registry Office, where you want the Birth to be registered.

After 15 days you must pick up the Transcript Authorization at the “Junta Central Electoral”, and present it at the chosen Civil Registry Office for them to proceed with the transcript of the Birth Certificate. After paying the transcript fees you may request the Dominican Birth Certificate of the child.

In case the parents can not do the process personally in the Dominican Republic, a third person may be entrusted to conduct the process.

EN Español

16) ¿Qué se requiere para declarar los hijos de dominicanos nacidos en el extranjero?

Todos los hijos de dominicanos nacidos en el exterior también son dominicanos siempre y cuando los mismos sean registrados en la República Dominicana. Ese trámite de registro puede ser iniciado gratuitamente en las oficinas consulares dominicanas tomando en cuenta que por lo menos uno de los padres sea dominicano. Ambos padres deben presentarse con el menor en la Oficina Consular dominicana. Deben presentar: una fotografía reciente del menor, tamaño 2 x 2 pulgadas, de fondo blanco, Cédula de Identidad y Electoral de los padres, Pasaporte dominicano de los padres, Acta de Nacimiento dominicana de los padres, libro de familia o certificado de declaración de nacimientooriginal del menor, expedido por la oficialía civil extranjera, Certificado de Matrimonio si ambos padres son casados entre sí, un (1) Testigo.

Para que la Declaración de Nacimiento quede debidamente registrada, los padres deberán tramitar ante la Junta Central Electoral de la República Dominicana una solicitud de transcripción del certificado de la declaración de nacimiento que le entregue la Oficina Consular. Si la declaración se realiza antes de los 60 días de nacido se considerará oportuna. Después de esa fecha se considerará tardía.

17) ¿Qué se requiere para la nacionalidad dominicana de los hijos de dominicanos nacidos en el extranjero?

Opción A: Declarar al menor en una Oficina Consular dominicana y luego transcribir el Acta en la República Dominicana

Opción B: Transcribir el Acta de Nacimiento que da el Registro Civil del país donde se encuentra el menor.

Para ello debe traducir el acta al español y notarizar y apostillar ambos documentos por la autoridad correspondiente. Además, sacar copia al documento de identidad del padre y/o de la madre que sea dominicano y sacar copia al documento de identidad del padre o de la madre que no sea dominicano (si aplica). El padre o madre que es dominicano debe escribir una carta a la Junta Central Electoral solicitando la transcripción del Acta a fin de que el menor pueda adquirir la nacionalidad dominicana.

Con esta documentación debe dirigirse a la Junta Central Electoral en la República Dominicana (ubicada en la Plaza de la Bandera, Distrito Nacional), a fin de que se autorice la Transcripción del Acta. Luego, pagar el importe de la Autorización de Transcripción y elegir la Oficialía del Estado Civil (oficina del Registro Civil) donde le interesa que quede registrada el Acta.

Pasados 15 días debe pasar a recoger a la Junta Central Electoral la autorización para que la Oficialía o Registro Civil elegido, pueda realizar la Transcripción del Acta. Luego debe llevar la autorización de la Junta Central Electoral a la Oficialía o registro civil correspondiente y abonar las tasas que correspondan en la Oficialía o Registro Civil. Por último, solicitar el Certificado de Acta de Nacimiento dominicana del menor.

En caso de que alguno de los padres no pueda hacer la gestión en la República Dominicana directamente, puede encomendar a cualquier otra persona o institución a que realice el proceso.

Edited March 22, 2014 by Enigma23

[LadyTre0627 1]

Thank you for the info and the encouragement enigma!! Right now the update is that the lawyer has contacted the embassy but they said they didn't receive the form yet which says they are representing me (sent last week) so the lawyer is calling daily.. Tomorrow senator Cardin (or someone in his office) will call the consulate for an inquiry.. The status of the case on ceac is still 'ready' so a denial has not been processed yet.. The interviewer told him to bring back his Venezuelan bc which he has found (original really tore up) as well as his original passport from Venezuela which also has a lot of damage. He is planning to take those documents back on Thursday depending on what data the senator and lawyer get tomorrow.

Edited March 26, 2014 by LadyTre0627

[Ilovemyman 147]

Thank you for the info and the encouragement enigma!! Right now the update is that the lawyer has contacted the embassy but they said they didn't receive the form yet which says they are representing me (sent last week) so the lawyer is calling daily.. Tomorrow senator Cardin (or someone in his office) will call the consulate for an inquiry.. The status of the case on ceac is still 'ready' so a denial has not been processed yet.. The interviewer told him to bring back his Venezuelan bc which he has found (original really tore up) as well as his original passport from Venezuela which also has a lot of damage. He is planning to take those documents back on Thursday depending on what data the senator and lawyer get tomorrow.

As you explained before, if his mother used a false name and other man is on his bc venezuelan, and the dominican bc has the right name of his mother and his right father.

how did the consulate find that he was born in venezuela?

you said that in the original bc he has diferents last names.

so the two bc are from diferents persons.

The only way that the consulate can find that is if someone that know his history maybe called to the consulate.

[Emily and Nathan 39]

The OP stated earlier that her fiance was questioned at his interview at the consulate and told them his real birth place.

As you explained before, if his mother used a false name and other man is on his bc venezuelan, and the dominican bc has the right name of his mother and his right father.
how did the consulate find that he was born in venezuela?
you said that in the original bc he has diferents last names.
so the two bc are from diferents persons.
The only way that the consulate can find that is if someone that know his history maybe called to the consulate.

Sounds like you are really on top of this!!!

Good for you!

Best of luck!

Thank you for the info and the encouragement enigma!! Right now the update is that the lawyer has contacted the embassy but they said they didn't receive the form yet which says they are representing me (sent last week) so the lawyer is calling daily.. Tomorrow senator Cardin (or someone in his office) will call the consulate for an inquiry.. The status of the case on ceac is still 'ready' so a denial has not been processed yet.. The interviewer told him to bring back his Venezuelan bc which he has found (original really tore up) as well as his original passport from Venezuela which also has a lot of damage. He is planning to take those documents back on Thursday depending on what data the senator and lawyer get tomorrow.

[Ilovemyman 147]

The OP stated earlier that her fiance was questioned at his interview at the consulate and told them his real birth place.

Sounds like you are really on top of this!!!

Good for you!

Best of luck!

he was questioned about his nationality on his second interview.

on his first interview hi snationality didnt come up.

for that i think that someone called to the consulate.

here is comun that people call to the consulate to make the life hard to others,

especially the ex-girfriend or ex-wife

[LadyTre0627 1]

Update.... So the consulate told us they wanted the venezuelan bc which his mother found (a really old tore up copy)... Today they emailed and want another interview and want me to be there too.. On the one hand I'm wondering if this is just a set up to say the relationship is not real and the other hand I'm thinking they could deny it if they wanted to without asking me to come.. What do y'all think? What is common with the petitioner being called in again?