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Mark Sinclair

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  1. I am a U.S. citizen who has been married to a Chilean national since 1991. My wife had a Lawful Permanent Resident (LPR) Status from 1992 until 2005 when her Resident Alien Card (Green Card) expired. We returned to Chile in 2002 and lived there until 2022. I have recently returned to the US and am in the process of fling a Petion for Alien Relative (I-130) so that my wife can obtain LPR Status again and join me in the US. MY QUESTION: Is it a requirement that she file an Abandonment of Lawful Permanent Resident Status form (I-407 form) before filing the Petition for Alien Relative? We were unaware of this I-407 form until yesterday and want to make sure we are not omitting a step before submitting the I-130 form. Any helpful guidance would be greatly appreciated! P.S. During our 20 years in Chile, we filed US tax returns as a married couple since, according to the IRS rules, a non-resident spouse of a US Citizen can be considered as a US resident for tax purposes.
  2. I am a US citizen who is filing an I-130 form (Petition for Alien Relative) in order to get a CR-1 visa for my wife. She is a Chilean citizen and we were married in Chile in 1991. We lived with our children in the US for 9 years before we returned to Chile in 2001. She had a Resident Alien Card (Green Card) during her time in the US but it expired in 2005. Since I recently moved back to the US and want her to join me and obtain the CR-1 visa, I am filing an I-130 form. My issue: I was born in Chile (of US citizens living there at the time) and I have a legal name in Chile that is different from my US legal name. My father registered my birth in Chile with the Spanish equivalent of my first and middle names and with two surnames (as is the custom in most Latin American countries). I explained this name difference in the "Additional Information" section of the I-130 form. However, I don´t know where to upload my Chilean Birth Certificate as further evidence of this difference in names. It is relevant since our Marriage Certificate and the Birth Certificate of our daughter are from Chile and use my Chilean legal name. Any idea where I should upload this document in the I-130 form?
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