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S2N

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  1. Related question on this: we got married and he’s in the U.S. with me for the holidays before heading back to Chile. Do we need to wait for him to leave the U.S. to file the I-130 for consular processing or can it be filed while he’s still here or does he need to exit the U.S. first? Can’t seem to find guidance.
  2. If you’re fluent in English or your wife is fluent in Spanish, you should be able to translate the acta de matrimonio (or any other government records) on your own — the words on vital records aren’t particularly hard. If you or your wife is C1 on the CEFR scale (even if you haven’t passed the DELE or Cambridge exams in the other’s language) that’s more than enough. I can send you the template I’m using the certify my own translations. Copied and pasted it from the Justice Department’s translation certification template used in immigration courts.
  3. They should be able to file for either AOS or IR-1 if they want, correct? There was not an intent to adjust when they entered so if they decide it’s the right option that’s an available option; as is the husband returning to a different country and waiting out IR-1. That’s my understanding at least.
  4. We’re trying to gather all the documents we’ll need for the process ahead of time. My fiancé was saying that in Chile all documents from the Registro Civil are available in a certified digital format. As an example: certified birth certificates can be downloaded for free. Would uploading the certified PDF to CEAC be sufficient for the NVC/Consular part or would physical copies be needed at some point. Realize I’m asking early but we’re trying to have everything we can ready for the entire process when we file the I-130 so it’s a more seamless process.
  5. Hi all, My fiance and I are planning on getting married in the U.S. on his ESTA over the holidays. We plan on going back to Chile together afterwards for about a month and filing the I-130 there before I’d return to the U.S. while he waits the processing out. If I start working on the draft online now so it’s ready to submit the second we land in Santiago, would that be something that flags for CBP when he’s entering? Don’t want to put his ESTA at risk or delay the marriage.
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