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Matt & Rocio

Divorce Certificate - Chile

By Matt & Rocio in Mexico, Latin & South America

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Matt & Rocio Collaborator

Matt & Rocio   28

Posted
Filed: IR-1/CR-1 Visa Country: Chile
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Posted

I just received a checklist from the NVC stating that I did not include a proper divorce certificate to show the termination of my wife's previous marriage. I provided the Certificado de Matrimonio with the Divorcio addendum. I had previously comfirmed with the IV Unit in the Santiago Embassy that this was indeed the proper document for a divorce certificate in Chile. I have already submitted a request to have the document reviewed by a supervisor, but in the meantime I thought I would post here to see if there are any other members who had to submit a divorce decree from Chile. If so, what did you submit?

My wife has been to the registro civil on 3 separate occasions and each time they insist that the marriage certificate with the divorce addendum serves as the official divorce certificate and that there is no other certificate that they can issue.

Thanks in advance.

06/10/11 - Married

USCIS: (224 days)

07/22/11 - Mailed I-130 petitions for wife and step-daughter

07/28/11 - NOA1 for both

02/21/12 - RFE for both (received hardcopy on 2/25)

02/28/12 - Responded to RFE for both(received by CSC on 2/29)

03/02/12 - NOA2 for both(received hardcopy on 3/8)

NVC: (37 days)

03/12/12 - NVC Received both

03/21/12 - NVC case number and IIN received for both & Emailed Choice of Agent for both

03/23/12 - AOS bill invoiced & paid for both

03/26/12 - AOS bill shows paid & AOS Packets mailed for both

03/27/12 - Choice of Agent accepted for wife (sent another for step-daughter via email and express mail)

03/28/12 - Choice of Agent accepted for step-daughter & IV bill invoiced & paid for wife

03/29/12 - IV bill shows paid for wife & IV bill invoiced & paid for step-daughter

03/30/12 - IV bill shows paid for step-daughter & IV Packets mailed for both

04/04/12 - IV Packets reviewed. Checklist issued for Divorce Decree for my wife. Step-daughter's was accepted and her case closed

04/10/12 - Divorce Decree accepted after supervisor review & wife's case closed

04/16/12 - Expedite requested for both cases due to NVC error

04/18/12 - Expedite request approved for both cases and sent to Santiago Embassy

Embassy: (15 days)

04/24/12 - Embassy received both cases from NVC

04/25/12 - Wife went to Embassy for document review. Interview date assigned for both cases.

04/26/12 - Medical Exam for both. Result - approved.

05/07/12 - Interview date for both. Result - approved!

05/09/12 - Received both Visas

05/16/12 - POE Atlanta

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andrea y arturo Enthusiast

andrea y arturo   14

Posted
Filed: Lift. Cond. (pnd) Country: Colombia
 Timeline
Posted

I just received a checklist from the NVC stating that I did not include a proper divorce certificate to show the termination of my wife's previous marriage. I provided the Certificado de Matrimonio with the Divorcio addendum. I had previously comfirmed with the IV Unit in the Santiago Embassy that this was indeed the proper document for a divorce certificate in Chile. I have already submitted a request to have the document reviewed by a supervisor, but in the meantime I thought I would post here to see if there are any other members who had to submit a divorce decree from Chile. If so, what did you submit?

My wife has been to the registro civil on 3 separate occasions and each time they insist that the marriage certificate with the divorce addendum serves as the official divorce certificate and that there is no other certificate that they can issue.

Thanks in advance.

I'll give my opinion though I know nothing of Chile's laws and someone with specific knowledge in this are will be much better qualified to answer this. That being said I will say that an addendum of divorce on a marriage certificate does not constitute a Judgement of Divorce that would be recognized by a US Court or USCIS. My experience on advice from consulates and embassies is that sometimes that advise is not correct as the workers there are not US embassy officials but rather workers who are citizens of the host nation and who are not knowledgeable in all area of immigration law. You must get a decree from the entity the granted the divorce.

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Matt & Rocio Collaborator

Matt & Rocio   28

Posted
Filed: IR-1/CR-1 Visa Country: Chile
 Timeline
  • Author
Posted

I'll give my opinion though I know nothing of Chile's laws and someone with specific knowledge in this are will be much better qualified to answer this. That being said I will say that an addendum of divorce on a marriage certificate does not constitute a Judgement of Divorce that would be recognized by a US Court or USCIS. My experience on advice from consulates and embassies is that sometimes that advise is not correct as the workers there are not US embassy officials but rather workers who are citizens of the host nation and who are not knowledgeable in all area of immigration law. You must get a decree from the entity the granted the divorce.

The Country Reciprocity Schedule for Chile on the travel.state.gov website states the following:

Divorce certificates in Chile do exist, therefore Divorce Decrees are also available at the Civil Registry. There may be a fee for this service.

Unfortunately they do not show an example of this document, whereas they do show an example of the marriage, birth, and police certificates.

My wife has been to the Civil Registry on 3 separate occasions to request documents and each time she asks for a divorce certificate from her previous marriage, she is always given the same document. If I did indeed provide the wrong document why did USCIS accept it? So far two different agencies has said it is the correct document and a third has said it is not.

06/10/11 - Married

USCIS: (224 days)

07/22/11 - Mailed I-130 petitions for wife and step-daughter

07/28/11 - NOA1 for both

02/21/12 - RFE for both (received hardcopy on 2/25)

02/28/12 - Responded to RFE for both(received by CSC on 2/29)

03/02/12 - NOA2 for both(received hardcopy on 3/8)

NVC: (37 days)

03/12/12 - NVC Received both

03/21/12 - NVC case number and IIN received for both & Emailed Choice of Agent for both

03/23/12 - AOS bill invoiced & paid for both

03/26/12 - AOS bill shows paid & AOS Packets mailed for both

03/27/12 - Choice of Agent accepted for wife (sent another for step-daughter via email and express mail)

03/28/12 - Choice of Agent accepted for step-daughter & IV bill invoiced & paid for wife

03/29/12 - IV bill shows paid for wife & IV bill invoiced & paid for step-daughter

03/30/12 - IV bill shows paid for step-daughter & IV Packets mailed for both

04/04/12 - IV Packets reviewed. Checklist issued for Divorce Decree for my wife. Step-daughter's was accepted and her case closed

04/10/12 - Divorce Decree accepted after supervisor review & wife's case closed

04/16/12 - Expedite requested for both cases due to NVC error

04/18/12 - Expedite request approved for both cases and sent to Santiago Embassy

Embassy: (15 days)

04/24/12 - Embassy received both cases from NVC

04/25/12 - Wife went to Embassy for document review. Interview date assigned for both cases.

04/26/12 - Medical Exam for both. Result - approved.

05/07/12 - Interview date for both. Result - approved!

05/09/12 - Received both Visas

05/16/12 - POE Atlanta

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MariaTeresa Rookie

MariaTeresa   0

Posted
Filed: K-1 Visa Country: Chile
 Timeline
Posted

The Country Reciprocity Schedule for Chile on the travel.state.gov website states the following:

Divorce certificates in Chile do exist, therefore Divorce Decrees are also available at the Civil Registry. There may be a fee for this service.

Unfortunately they do not show an example of this document, whereas they do show an example of the marriage, birth, and police certificates.

My wife has been to the Civil Registry on 3 separate occasions to request documents and each time she asks for a divorce certificate from her previous marriage, she is always given the same document. If I did indeed provide the wrong document why did USCIS accept it? So far two different agencies has said it is the correct document and a third has said it is not.

Hi I hope you can help me out!!! So glad I saw this post...

I got an RFE for the same thing and my fiance got the same response from Registro Civil in Chile.

Please let me know what you provided, or did you call them and explain this is the only documentation given in Chile??

thanks!

MariaTeresa

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  • 3 years later...
rwoods Rookie

rwoods   0

Posted
Filed: Lift. Cond. (pnd) Country: Brazil
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Posted

I have a similar question. I'm a petitioner for K1 and was divorced in Chile.

With my application form, I submitted copy of Chilean CERTIFICADO DE MATRIMONIO (which shows that I am divorced). That's signed with a stamp. My lawyer says that's really the only official document in Chile showing my divorce.

To be extra safe, I also submitted copy of transcript of sentece from divorce hearing, although that's not signed by anyone.

I submitted translations of both.

Are those good enough, or will I get an RFE seeking better proof of divorce? I see from this thread that the CERTIFICADO DE MATRIMONIO (which shows divorce) is all I need, but I guess I'm nervous b/c it's so short, and says Marriage at the top.

Also, I see from instructions that my fiancee will have to bring "original" of my divorce decree to the interview. If the only certificate available from Chile is the online version of the CERTIFICADO DE MATRIMONIO, is that a problem? I figure I can just print it out, in color.

My lawyer says he (for a large fee) can get me a notarized and authenticated version of the sentence from the trial, but am wondering if that's overkill.

Thanks all!

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TBoneTX Grand Master

TBoneTX   45,222

Posted
Filed: Citizen (apr) Country: Ecuador
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Posted

This older thread is now closed to further comment, in favor of a more comprehensive thread on the same topic: http://www.visajourney.com/forums/topic/361645-rfe-for-divorce-decree-chile/

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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