RFE for Divorce Decree - CHILE

[MariaTeresa 0]

I hope a member from Chile can answer the following:

I sent a copy with translation of the divorce decree for my fiance, last week I received an RFE because they say additional information is needed.

I believe this is the reason...In Chile Registro Civil issues all documents for example, birth/death certificates, police records and marriage/divorce certificates.

My fiancee got the needed divorce document but it is the marriage certificate document with an addendum below stating the date of separation and also the date of final divorce. This is the only document that Chile provides, there is no other. My fiancee went to Registro Civil and was told by a manager there that it is the only document given in Chile. He sent me another document that also has a bar scan that if it's scanned it will give access to the information on record.

My question is this, has anyone from Chile had an RFE due to this document??? If yes how did you handle this RFE Should I call and have it reviewed? re send with the new but same document and an explanation that it is the only document available as proof of divorce?

Please help me I need to send this back ASAP

Thank you.. MariaTeresa

[MariaTeresa 0]

I hope a member from Chile can answer the following:

I sent a copy with translation of the divorce decree for my fiance, last week I received an RFE because they say additional information is needed.

I believe this is the reason...In Chile Registro Civil issues all documents for example, birth/death certificates, police records and marriage/divorce certificates.

My fiancee got the needed divorce document but it is the marriage certificate document with an addendum below stating the date of separation and also the date of final divorce. This is the only document that Chile provides, there is no other. My fiancee went to Registro Civil and was told by a manager there that it is the only document given in Chile. He sent me another document that also has a bar scan that if it's scanned it will give access to the information on record.

My question is this, has anyone from Chile had an RFE due to this document??? If yes how did you handle this RFE Should I call and have it reviewed? re send with the new but same document and an explanation that it is the only document available as proof of divorce?

Please help me I need to send this back ASAP

Thank you.. MariaTeresa

WHY was this post moved?? and where was it moved to?

[Inky 1,110]

WHY was this post moved?? and where was it moved to?

If you look at the top of the page it tells you that your post is in the regional forums for country specific issues.

[Sandra G. 5,047]

She has to go to the Court to get the divorce decree.My Country use to issue the certificate document with an addendum stating the date of separation and also the date of final divorce, but this addendum is just made after the individual or Court send to the Registro Civil de Divorce Decree.

[Matt & Rocio 28]

She has to go to the Court to get the divorce decree.My Country use to issue the certificate document with an addendum stating the date of separation and also the date of final divorce, but this addendum is just made after the individual or Court send to the Registro Civil de Divorce Decree.

According to the Country Reciprocity Schedule on the travel.state.gov website the Divorce Decree is obtained from the Registro Civil in Chile:

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

http://travel.state.gov/visa/fees/fees_5455.html?cid=9018

I submitted the same document as the OP to the USCIS and my petition for my wife was approved. I'm now at the NVC phase and they rejected the exact same document. A little over a month ago I sent an email to the IV Unit at the Santiago Embassy with a scanned copy of the divorce certificate and asked them if it was the correct document. They replied back within a day or two and confirmed that it was the correct document.

I think the confusion is caused by a few different factors. First, the Country Reciprocity Schedule on the travel.state.gov website does not show an example of the divorce decree, but it does show the marriage, birth and police certificates. Next, the document does say Certificado de Matrimonio as the title which would make one think it is not a divorce certificate, but if you continue to read through the document there is an addendum that says divorce and then provides the details of the divorce. In my opinion this is a good way to do it, because if anyone were to ever request that marriage certificate they would know right away that the marriage was ended in divorce.

I have sent another email to the IV unit at the Santiago Embassy to ask them to once again confirm if the document is correct or not. They are going to have a lot more experience with this than the USCIS or NVC since they only deal with Chilean documents. I sent the email on Thursday and have yet to hear back from them, but they were closed on Friday due to Good Friday being a national holiday in Chile. I'm hoping to hear back from them tomorrow or the next day. I will let you know what comes of it.

[Matt & Rocio 28]

According to the website www.registrocivil.cl there is a document called "Subinscripción de Sentencia Judicial de Divorcio". They charge 3.290 pesos for this document. My wife is going there tomorrow to request this document. I will update this thread as to what happens.

[Matt & Rocio 28]

I received an email reply from SantiagoImmigration.gov this morning regarding the divorce decree for Chile. This is what they said:

Mr. Rogers:

Thank you for your email. You are right. The divorce decree you are sending is ok. This is how divorce decrees looks like in Chile. It is very strange as the NVC is familiar with the certificates.

We will contact the NVC to confirm that the certificate you are sending is correct.

Sincerely,

Immigrant visa unit

Santiago, Chile

[MariaTeresa 0]

I received an email reply from SantiagoImmigration.gov this morning regarding the divorce decree for Chile. This is what they said:

Mr. Rogers:

Thank you for your email. You are right. The divorce decree you are sending is ok. This is how divorce decrees looks like in Chile. It is very strange as the NVC is familiar with the certificates.

We will contact the NVC to confirm that the certificate you are sending is correct.

Sincerely,

Immigrant visa unit

Santiago, Chile

Hi Matt,

That is really good news, I will call USCIS tomorrow and speak to someone. It's so ridiculous how they hold up paper work over a document that they know is the correct one.

Please keep me posted, I hope NVC approves the document ASAP!!! and you can get an interview date soon.

Thank you!

[MariaTeresa 0]

According to the website www.registrocivil.cl there is a document called "Subinscripción de Sentencia Judicial de Divorcio". They charge 3.290 pesos for this document. My wife is going there tomorrow to request this document. I will update this thread as to what happens.

I saw this as well and asked my fiance to get it and send to me ASAP just in case!

[Matt & Rocio 28]

I saw this as well and asked my fiance to get it and send to me ASAP just in case!

My wife went to the Registro Civil today and asked for this document. Apparently it is a document that is written up by the attorney and is not an official document for the divorce decree. She spoke with the office secretary and she once again confirmed that the only official document they issue to show a marriage has been terminated is the marriage certificate with the divorce addendum.

I asked to speak with a Supervisor at the NVC today and was told that one was not available but they said one would call me back either tonight or tomorrow. As of right now they have not called me back.

[Matt & Rocio 28]

My wife went to the Registro Civil today and asked for this document. Apparently it is a document that is written up by the attorney and is not an official document for the divorce decree. She spoke with the office secretary and she once again confirmed that the only official document they issue to show a marriage has been terminated is the marriage certificate with the divorce addendum.

I asked to speak with a Supervisor at the NVC today and was told that one was not available but they said one would call me back either tonight or tomorrow. As of right now they have not called me back.

1 minute after I posted this I got an email from Supervisor Jen at the NVC. She wasn't able to resolve the issue because she doesn't have access to my case, but she assured me someone would review it in the next day or two. I stressed to her that I'm concerned that we need this case closed ASAP so we can get an interview assigned in May before they run out.

I will continue to update this thread as I get more information.

For those of you in the USCIS phase I would suggest that you contact them and ask to speak to a tier 2 representative. At that point you have to insist that they review the document you already sent. Jen told me that they use the same list of documents on the Reciprocity Table on travel.state.gov and if they don't have a document on there to compare to that they sometimes make a judgement call. This would explain why some get through without problems while others get held up. While I understand the explanation this is still unacceptable. They need to put up an example of this document so that others don't have to go through this same problem.

[MariaTeresa 0]

1 minute after I posted this I got an email from Supervisor Jen at the NVC. She wasn't able to resolve the issue because she doesn't have access to my case, but she assured me someone would review it in the next day or two. I stressed to her that I'm concerned that we need this case closed ASAP so we can get an interview assigned in May before they run out.

I will continue to update this thread as I get more information.

For those of you in the USCIS phase I would suggest that you contact them and ask to speak to a tier 2 representative. At that point you have to insist that they review the document you already sent. Jen told me that they use the same list of documents on the Reciprocity Table on travel.state.gov and if they don't have a document on there to compare to that they sometimes make a judgement call. This would explain why some get through without problems while others get held up. While I understand the explanation this is still unacceptable. They need to put up an example of this document so that others don't have to go through this same problem.

Hi Matt,

I called USCIS today and requested to speak to a supervisor, I got transferred three times and finally got to someone that I was able to speak to about the divorce dilemma. He immediately agreed that this is the correct document, but said that because it says marriage certificate on top the person read only that and did not continue to read further down. I was told to submit a more recent divorce certificate (same one I sent previously) with an explanation that this is the document given in Chile. Thank God I received one from my fiance last Friday. I will highlight and send a letter with the supervisors name and explain that it is the correct document because it is the ONLY document given in Chile.

I hope your issue is resolved quickly!

Mari

[Matt & Rocio 28]

Hi Matt,

I called USCIS today and requested to speak to a supervisor, I got transferred three times and finally got to someone that I was able to speak to about the divorce dilemma. He immediately agreed that this is the correct document, but said that because it says marriage certificate on top the person read only that and did not continue to read further down. I was told to submit a more recent divorce certificate (same one I sent previously) with an explanation that this is the document given in Chile. Thank God I received one from my fiance last Friday. I will highlight and send a letter with the supervisors name and explain that it is the correct document because it is the ONLY document given in Chile.

I hope your issue is resolved quickly!

Mari

I just got off the phone with the NVC about 20 minutes ago and was informed that they had reviewed the document and that it was deemed to be acceptable and my wife's case is now closed and ready for an interview.

I'm glad that you were able to get yours straightened out with the USCIS. Remember you only need to send photocopies of the original document to the USCIS, you need to save the originals for the NVC. I sent originals with the I-130 petition for my wife and they lost all of them and issued me an RFE. Fortunately I had another set of documents for the NVC phase so I just photocopied them and sent them in along with the RFE document.

When you do get to the NVC phase you might want to attach a sticky note or something to the divorce decree explaining that it is indeed a divorce decree and that it is the only document the Registro Civil issues to show a divorce in Chile.

They really need to update the Reciprocity Table for Chile on travel.state.gov to include an example of the divorce certificate. I was told by an NVC supervisor last night that they use the same website to determine the validity of documents. So when they don't have an example they use their best judgement.

[rwoods 0]

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!