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Marriage
of U.S. Citizens in Bolivia
How to obtain a green card for the spouse
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Marriage
of a U.S. Citizen in Bolivia
Before
any civil registrar's office will permit an American to marry
in Bolivia, the following documents must be presented
1.
Certified copy of birth certificate translated into Spanish and
authenticated by a Bolivian consul in United States. If you are
in Bolivia, this could be translated into Spanish by any of the
official translators and authenticated
by the U.S. consul in Bolivia.
2.
If applicable, certified copies of death certificates or divorce
decree termination previous marriages, translated into Spanish
and authenticated by a Bolivian Consul in the United States, or
an American Consul in Bolivia.
3.
Valid United States passport.
4.
Written statement in Spanish sworn to before an American consul
in Bolivia giving the applicant's marital status.
5.
Proof of three months continuous residence in Bolivia by the American
Applicant(s).
Bolivian Marriage Laws
Only
civil marriage is recognized as legal in Bolivia and that can
be performed only by a civil registry official either before of
after a church ceremony. Although the age of majority in Bolivia
is 21, men can marry at 16 and women at 14 with permission from
parents or guardians. Exceptions can be made for pregnant minors
whose parents refuse permission and for orphans (Orphans must
have permission to marry from the Tribunal Tutelar del Menor y
del Juez de Familia.) As in the United States, marriage is not
permitted between close blood relatives and bigamy is against
the law. Unlike the U.S., marriage is also forbidden to a long
list of others, including the mentally ill. Finally, widows, divorcees
and women who have had marriages annulled cannot remarry sooner
than 300 days after the death of a husband, final decree or other
legal separation notice.
United
States citizens may wish to have their Bolivian marriage certificate
notarized by an American Consul, previous authentication before
the Ministry of Foreign Affairs.
How
obtain a green card for the spouse
STEP 1: The process starts with the filing of the I-130
petition ("petition for Alien relative"). The instructions on
that form should be followed. What is required, in addition to
the U.S. citizen completing and signing the form, is:
- The marriage certificate of the Civil Ceremony
- The U.S. passport of the citizen filing the petition
- Previous divorce decrees for each person, if any
- $110.00 filing fee, payable in cash in dollars or Bolivianos
The petition should be filed at the Consular Section of the
Embassy. As soon as the consular section has approved the petition,
we send a name check request to Washington, which may take as
long as a month to receive a reply. Nevertheless, even while the
name check is pending, the below steps take place at the same
time:
STEP
2: The second step in the IV process is called "packet 3"
which is usually handed out to people once they have filed the
petition. The things to be completed in packet 3 are:
- Application for IV (Form OF-230, part1)
- Special
type of photo for the green card
- A
check list for documents which are required
-
Birth certificates of the non-U.S. citizen
-
An affidavit of financial support (I-864) to be completed by
the U.S. citizen. Note that this must include the last three
years of IRS 1040 forms of the U.S. citizen who is petitioning.
If the citizen can not meet these requirements, then a joint
sponsor may be considered. The form has complete instructions.
STEP
3: The third step is called "packet 4". When the consular section
receives the completed and signed check list from the applicant
(see "C" above), the consular section schedules the applicant for
an immigrant visa interview and sends out packet 4, asking for final
documents. The documents requested in packet 4 are:
- Application for IV (Form OF-230, part
2)
-
A sworn statement to be completed by the applicant, and signed
by the applicant in front of the consular officer.
Police records for the applicant from every place the applicant
has resided for more than six months after the age of 16 (called
"certificado de antecendes" in Spanish). Available from the
police here, which the applicant must obtain him/herself. In
the case of other countries, the applicant usually needs to
go to the Embassy of that country and request from them such
a certificate.
-
A complete medical exam of the applicant. This must be done
by the panel physician, not just any doctor. There is a list
of panel physicians in packet four. It is up to the applicant
to schedule all medical appointments, including lab work, x-ray,
vaccinations, etc. and to provide payment for such services.
The panel physician will complete all the necessary forms, such
as form OF-157, "Medical Exam", Vaccination form, etc.
-
IRS Form 9003, a short form to be filed if the petitioner owes
back taxes
STEP 4: The IV interview. Once everything above is complete
and we have been notified by the applicant that he/she is prepared,
the consular section schedules an IV interview for the applicant.
Assuming that everything is complete, an immigrant visa may be
issued the same day. The fee for the issuance of each immigrant
visa is $325.00, which may be paid in US dollars or Bolivianos.
The immigrant visa is valid for six months from the date of issuance,
for one entry. The immigrant visa is a large sheet attached to
all the above documents in a sealed envelope. INS opens the envelope
upon the arrival of the applicant at a U.S. port of entry and
usually within about six months, sends a green card to the person's
home address in the U.S.
Some
hints about how this process can be done as quickly as possible.
The applicant should/can:
- Come to the Consular Section before the marriage and get required
forms and information
- Have the applicant get his/her medical exams at the required
panel physician with the required forms right away. The medical
exams are good for one year.
- Have the applicant get his/her police certificates, which
are also good for one year.
- Get the affidavit of support (I-864) and supporting documents
(1040s) completed and notarized ASAP. Also good for a year,
and in many cases, the U.S. citizen may require a joint sponsor.
- Get the green card style photos as soon as possible; they
are valid for one year as well.
- Get all documents, such as birth certificates, previous divorce
decrees, etc. together, even before the marriage.
- File the petition as soon as possible after the wedding.
Remember, the entire process may take anywhere from one to six
months after the petition is approved.
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