My husband left me so that he could get his girlfriend a green card by marrying her. I Went to get a 1 day divorce in the DR. I went to the DR with his signed power of attorney etc. The divorce was pronounced and published and we both got remarried. The INS gave his new wife a GC based on the divorce and remarriage but has told me that DR divorces are invalid as neither of us were resident, so has declined my application. I have seen so many articles even from US consulates stating that the divorce is legal. Any advise or examples of positive precedents? I am told it will be a year plus before the INS will get me the official decline letter, so I have time to get case together.

If a Dominican Divorce had been considered invalid in the US by Court or INS, is because of lack of due process by the parties and their attorneys. Dominican divorces considered invalid are the ones done by proxy, without separation agreement, without mutual consent of both parties and/or without at least one party traveling to Dominican Republic. Also the divorce done by mail are invalid.


Q) Are Dominican 24 hours Divorces valid in the United States and/or Canada?

A) YES. Dominican Fast Divorces are valid in The United States, Canada, and many other foreign countries, based on the principles of "comity", "estoppel" and as long as the parties complied with the due process in the Dominican Republic where the divorce decree is enacted. Also the parties must have previously signed a Separation Agreement by mutual consent and a Power of Attorney before a Notary Public.

As stated, I followed the 142 law exactly, we had the separation agreement, it was mutual consent, everything. How do I convince the INS adjuster that it is legal?

Did they tell you the reason of denial?

Yes, they said that it was because neither I or my ex were domiciled in the DR. You can only get a divorce in the state that you are domiciled.See Chan V Bell 464 F supp 125 "Was parties domiciled in country when she got divorced" Dominican divorces are generally prohibited because domilile of one party or precence of both parties not required" as per the immigration rule book.

"The divorce ruling, however, has to be typed up by the Court, recorded at the Registry, and authenticated at the Consulate or Embassy of the country of origin of the spouses. This takes approximately 10-15 business days, after which the file is sent by courier to the clients."

Also, in which state do you live?

Divorce in the US is governed by state law (which may vary). That said, many states have recognized foreign divorces after this has been disputed (New York, Texas, Tennessee, Connecticut and Maryland, included). The states of California, Louisiana, Massachusetts, Nebraska, New Hampshire, New Jersey, New Mexico, North Dakota, Ohio, Pennsylvania, Rhode Island, South Carolina, and Wisconsin will regard Dominican divorces as invalid based on existing statutes or controlling case law.

I was there for the divorce. The divorce was authenticated by the US consulate, typed up, pronounced, published and sent out to me.

I live in Arizona.

Also, although I have had my interview, I have as yet not received my official letter. Am I in pending status, can I still travel outside the US?