Chile Forum

I'm a us citizen, living in the us, but my fiance, a chilean citizen, lives in chile. We want my fiance to move and live in the US. Is it easier to get married in chile, and then start the us visa paperwork as a married couple, or to do the paperwork for a fiance visa, and then get married in the us later? I am able to visit my fiance in Chile more frequently than he can visit me in the US, so i thought it might be best to marry in chile the next time i visit, so we can get the paperwork started. Also, does anyone know what paperwork i would need to bring with me to registro civil in order to be married? Would only my passport be sufficient? Thanks for your help!

You apply at the US embassy for a fiancee's visa for him. That gets the paperwork started for the spouse's green card. It should also get him legal permission to move to the USA. It has to be done BEFORE he moves to the USA. It's not one of those cases where forgiveness is easier to ask for than permission.

Does anyone know if it will be easier to get my Chilean fiance into the US if we marry before we move to the US or after we move to the US? Is there less paperwork involved in a fiance visa or a spouse visa? Thanks for your help!

I have a good friend who is an immigration lawyer in Chicago, so I've heard alot about this. Either way you look at it, US Immigration is going to be a royal pain in the ass for you. You might consider moving...

As far as paperwork goes, what you need to consider first is what they wait is for a visa, depending on which route you decide to take. One route may require more paperwork, but may be faster than the other. Hard to say.

In terms of getting married in the US, you need to apply for a fiance visa. Once said visa is granted you have 90 days from the time of entrance to the US, to tie the knot. The caveat there being that the fiance visa can take a long time to get. I know of people that have been waiting for a few years. Not a good idea to enter the country on a tourist visa with the intent to marry once he's stateside btw. If you do go that route, be sure to A) absolutely not tell customs & immigration that you're visiting their lovely country to get hitched (they won't let you in and you may get a very lengthy ban) and B)be sure to get a good immigration lawyer to handle your paperwork, or you run the risk of getting your petition denied and your fiance deported. It's a bad idea either way to go that route, as he will be stuck in the US until his green card application is either approved or denied. If he leaves beforehand, it's very likely that they won't let him back in. If he stays, his status is somewhat limbo-ish and you have to apply for a conditional work permit which takes a while to get. The work permit is valid only until you guys get the yes or no from immigration. Until you get this permit though, legally he can't work and he may not care for this.

You can get married outside the country and then apply for his green card as your spouse, but be prepared to show everything to back it up and you should have alot of information; joint bank statements, family photos, everything you can possibly use to document your life together and that you've been together for quite a while (this is stuff they might ask for a fiance visa too btw). Rest assured that the fact that you are both currently living apart will be examined very closely, they're very paranoid about the whole mail-order bride/groom or marriage just for green card scheme. Be prepared to have to show phone statements showing you're in constant contact with him, plane ticket stubs, personal emails/letters etc. Seriously, it's pathetic.

I know of one couple here in Chile, she's American and her husband is Chilean- they met here I believe and they applied for the fiance visa but it would have taken something like 3 or 4 years to get it, so they said screw it and got married here. They live here now.

None if this is meant to be taken as any sort of legal advice. This is merely a compendium of my knowledge on this subject due to the fact that a good friend of mine is an immigration lawyer and the fact that I've lived in the states and heard alot of the horror stories from other friends going through a similar process. Bar none, the best thing you can do is get yourself an experienced immigration attorney. Due diligence is important as for every decent lawyer out there, there's an ambulance chaser who promises green cards on the side for a lump sum payment. Don't get suckered, do your research. Most usually offer the first consultation free in my experience.

Good luck and start practicing your spanish. As shitty as dealing with Chilean red tape is, American immigration is in a whole other league. When you get tired of dealing with American bureaucracy, Chile will start to look really good and hopefully by then you'll be well versed in the language.

Really great response audeo, thanks!

This topic interests me as well. I am getting married in Dec of this year with my fiance, she's uruguayan, I'm Gringo, we both live in chile! I like it here enough to not see any reason to go back to the states, so won't be applying for any paperwork for the missus. I figure if a few years down the road we change our mind, well I have been married X years and live in S America with her so it shouldn't be too hard to get it taken care of, aside from the usual BS anyway.

I am an American, living in the U.S. and my wife is from Chile. We were married about three years ago, and we had to do the whole USCIS bureaucracy thing in order for her to be legal in the U.S.
As has already been mentioned, there are really two ways that you can go about this. The first is to get married in Chile, then petition USCIS to be able to bring him/her to the U.S. as your spouse. The second option is to apply for the fiance visa, and bring her to the U.S. as your fiance, then get married in the U.S.
When we were trying to decide which option to choose, there were a few factors to consider. First was the amount wait time required for each type of application. USCIS regulary publishes current processing dates for different types of applications, and so you can get a rough idea that way. Usually, you'll want to add several months to whatever they have listed there. The other factor to consider is whether or not you want to be in a married distance relationship, or an engaged distance relationship. This is something that you'll have to work out between the two of you. The problem is that either way you go, you have to be in the United States for the majority of the time that you do the application, while he/she is in Chile.
My wife and I chose the fiance visa, mostly because we didn't want to be married and separated, right from the start. I don't have much experience with petitioning to bring a spouse, so I can't say much about that process. However, I will try to detail what the process was at the time that we applied.

The process goes something like this:
1. Compile petition package, that includes lots of USCIS documents, financial stuff, and most importantly, "evidence of your relationship."
2. Send package to USCIS for decision.
3. Wait
4. Wait
5. USCIS approves or denies petition for fiance visa.
6. Assuming that it is approved, the package is sent to the National Visa Processing Center, where it sits for 1-4 weeks to process.
7. Package gets sent from Visa Center to the embassy in Chile.
8. The embassy does their own processing, and sends a letter requesting specific information (birth certificate, criminal record, medical stuff, etc.)
9. Your fiance submits the requested information to the embassy.
10. Wait
11. The embassy sends a letter letting your fiance know that they have an appointment with an immigration judge, usually at the embassy.
12. Immigration judge decides whether to issue Visa or not.
13. Assuming the visa is approved, (they usually tell you in the interview if it is approved or not) and then the visa itself, attached to your fiance's passport, arrives at their home in a couple of weeks.
14. Your fiance can now travel to the U.S., and you have 90 days from when they enter the country to get married.
15. Then starts the whole process of getting residency, which is another process in and of itself.

A few tips from our experience:
1. YOU CAN DO THE PAPERWORK YOURSELF. Although this is not always recommended, the paperwork for the fiance visa is fairly straightforward. We didn't have money for an attorney (nor did we really want to pay one). All of the forms that you need are online, and the directions are mostly clear. Be sure to read all the instructions carefully. Read as much as you possibly can on the USCIS and familiarize yourself with the process. This is very important to not have your petition rejected. If you have any questions at all, you can call USCIS and they are usually at least somewhat helpful. If you still don't feel comfortable with the forms after reading and talking to USCIS, then it might be time to hire an attorney.
2. Put together a convincing packet of evidence of your relationship. Many people sort of glaze over this, and then wonder why their application was rejected. The purpose of this (as far as I can tell, anyway) is to ensure that your relationship is real, and that you are not getting married simply for the green card. You might feel wierd or uncomfortable opening up about your relationship to the government, but this one thing will make the difference for your petition to be approved or not. Include things like photographs, copies of letters/emails, statements from people that know you and about your relationship, and personal statements from each of you. Tell your story - how you met, how you knew you wanted to get married, etc. Include anything that you feel might help USCIS to see that you are really want to live as a married couple. Send a record of when you have spent time together, like copies of your passport pages, or plane tickets. We sent a copy of the receipt for our engagement ring, for example. Make it believable, honest, and sincere. Honestly, you should probably strive to make it as sappy as you can.
3. The waiting is the hard part. I think that I checked the processing times every day, sometimes multiple times a day. Sometimes USCIS will ask for additional evidence. This can dramatically increase your wait time. Making sure you put together a good evidence packet, and filling out the paperwork completely and correctly the first time will reduce the chances of this happening.
4. Keep copies of everything that you receive from USCIS. They send you lots of stuff, and you may need most/all of it later on. Especially pay attention to the application number that they assign to you. It might change, so be aware.
5. Show financial support. Put together as much cash in one place as you can, and beef up your income.Your ability to support your fiance is a factor. They don't like allowing anyone into the country that is at risk to being supported by the government. We almost got denied in the final interview because of this.
6. When your fiance meets with the immigration judge in Chile, this can be a very nervwracking time. Even though your petition has been approved, and you have been waiting all this time, the judge still has power to deny the Visa. Some judges seem to be more lenient than others. It really is the luck of the draw here.


I submitted the initial petition in mid-March, 2006. My wife entered the country on her fiance visa in mid-October, also in 2006. So, our wait time for the whole process was only about seven months or so. From what I have heard from others, we were lucky to have it that fast. Our petition was approved without having to submit further evidence. Also, I happened to be in Chile when the packet form the embassy arrived at her house. Because of this, we were able to put together the requested documents rather quickly. I then hand-carried the documents to the embassy (as a citizen, you're allowed to do this, or at least you could then) and showed them to the immigration officials there. When I went up to the counter, the girl that helped me made sure that I had everything they had asked for (completeness in the entire process is absolutely essential) and then retrieved the actual appointment book for the Visa interviews. I scheduled the interview for two weeks from that point, and she had her visa just a week or two after that. This stroke of luck (miracle, really) saved us between 2-4 months, and we were able to be together a lot sooner.

I hope that this helps. Please keep in mind, all of this was three years ago, and I'm sure that policies have changed at least slightly since then. THis is why it's so important to read all the pertinent information that you can on the USCIS website - it really is a good resource.

Good luck in your application - I hope that it goes as smoothly (or better) than ours did.

oh my god, that info was amazing! I have a couple of follow up questions...
Once the fiance is granted the visa, do they move immediately to the US? My fiance will finish school in december, but is not sure when his final exam for his degree is. It may be in March. If he is granted the visa in November, does he only have 30 days to move to the US?
How long does it take typically for a work visa (or whatever it is called) to be granted?
And, lastly, do I have to come to Santiago for an interview?
THank you so much, you have no idea how much this helps!

My husband (Chilean) and I (from U.S.) got married in Chile and went to the American Embassy to get his Visa and start the paperwork for his green card. This was 5 years ago and as far as I know nothing has changed. The first time we went the lady who waited on us said "we don't do that here, go to the U.S. -( me ) - and start it there". We went back a week later and a VERY cool guy said "when do you want to go?" and explained everything in both Spanish and English - gave us the list of stuff to bring back - my husband's medical checkup, his proof of military service, etc. We had an interview - 5 min. and 6 weeks later we came to Los Angeles and are now getting ready to go back to Chile to live. Good luck!
Lana

Things had changed a LOT in 5 years. Today to use the US embassy for direct consular filing you must have lived in Chile for more than a year. If you are just visiting and get married you must do it from the states. Go to the US embassy website and read it carefully. From the embassy website you can be directed to Websites at the State Department and Department of immigration. Depending on cirumstances it can take months to several years.
I have done it and it took years from the states. "911" changed things a LOT. Things got VERY tight after 911.
This forum is probably not the best forum for these questions. There are several immigration forums that give a blow by blow account of what people are experiencing and the time lines for each step. There are hundreds of people on those forums with the latest data.
Don't get a lawyer unless you are in violation of one of the questions such as: have you ever been arrested for a morral terpetude? david

Teresa -
If I remember correctly, after the fiance visa is granted, he would have 6 months to come to the states. However, this memory is quite foggy and you will want to double check this. You can probably call the embassy, (they are sometimes more helpful over the phone than USCIS) but I'll bet you could dig up the information on the USCIS website somewhere. They really do have lots of information.
The work permit takes some time. It's part of the residency application, which if I remember right you must submit within the 90 day period after he arrives in the states. They say that you have 90 days to get married, but if I understood it correctly at the time, really it's 90 days to get married, and then submit the residency paperwork. Usually you will receive a work authorization permit a few months before the actual residency. It's a separate document (optional if i remember right, with a small additional fee) that you file at the same time. We got married in November, and I think that she got the work authorization in March or April, and then her conditional residency in June or July of the next year. It normally isn't quite so long - my wife's chilean passport was stolen shortly after we got married, and this made our wait quite a bit longer. Another issue is that you have to apply for a social security number at the same time, which is an application to the IRS, not so USCIS. We got the work permit before we got the social, which didn't do us much good because most employers are leery to let you work without a social, even with the work authorization card. I think that we didn't get the social until shortly before residency.
You won't have to travel to Santiago for the interview. However, your Chilean fiance will. I'm fairly certain that the only Visa interviews in the country are conducted in Santiago.
Another thing you need to consider is the cost of filing all of the documents. I know that fees have increased since we filed - most fees doubled. From initial application to final permanent residence, you can plan on dropping several thousand dollars just in fees to USCIS. It's quite a racket that they run.
In response to what the others have said, everyone that I know personally that got married in Chile then petitioned to come to the states had a very bad experience with immigration, especially when it came to waiting time.
PanAmerican is right - you have to be file the petitions while in the U.S. I suppose that you could try to put together the information packet from Chile and send it, but USCIS requires a U.S. return address for all of the paperwork. They send lots of stuff, receipts, instructions, requests, etc. to you, and you need to be in the U.S. to receive these, especially because many of them are time-sensitive. For example, if they request additional evidence, you must submit it within a certain time frame, or the petition is automatically rejected. The only reason that I was able to submit stuff directly to the embassy was because the petition had already been approved, and the embassy had records of everything. Even then, I think that the girl who helped me might have made an unusual exception. I definitely would not have been able to file the original petition at the embassy. Whichever way you decide to go, either getting married in Chile or getting married in the States, you're going to be apart for quite a while.
It's all worth it in the end, though.

Well everyone has covered many aspects of this question but since we went though this same thing within the last 2 years, here is my 2 cents worth...

The wait is incredibly long.
My Congressman and Senator were of absolutely NO help.
The length of time for either a fiancee visa or a married visa is about the same.
The paperwork required for the married visa is not quite as bad as the paperwork for the fiancee visa.
I am not too happy with the USA Govt... the process was a real eye-opening experience.
Sick of the BS, I now live in Chile with my wife... but to be totally honest, I am so happy it worked out this way... I love it here. We now have a baby girl and I am proud to say she is Chilena!

Cheers!
John

So basically while you were waiting around to get a fiance visa, you went ahead and got married here, moved all your shit from the states, had a baby, landed a good job, then just said "the hell with the states" cant say that I blame you considering the current shape Uncle Sam is in...its a good thing us expats still have to pay income tax. Can you imagine what it would be like without us?