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Common law marriage requires divorce?

By boosbear in K-1 Fiance(e) Visa Process & Procedures

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Hypnos Grand Master

Hypnos   6,576

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If you hadn't filed taxes as married then I would say consider it just a relationship, not a marriage, and move on. The fact that you filed these taxes though is quite a clear indication that you considered yourself married under the common-law provisions in RI.

Put it another way: if USCIS even begin to suspect that you are still married then they will deny the I-129F due to you not being free to marry. You also run the risk of bigamy by remarrying when the state already considers you married to someone else. That's a far-fetched option, granted, but it's still there.

I myself would file for divorce. It will likely be extremely cheap and take a few months, but it will CYA when it comes to the other issues I mentioned. Unfortunately the I-129F could not be filed until your divorce was final, since you would not be free to marry until then.

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boosbear Explorer

boosbear   37

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Filed: IR-1/CR-1 Visa (DCF) Country: Canada
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Hello again, thank you all for the advice so far. I did speak with an immigration lawyer here & I'll have to file a subpoena to end the common law relationship, so different from a divorce & in that case I can't do it myself. It will take at least 90 days. My next question is in regards to sponsoring & income. I was told I need to show $24,000 annually. For those who have had to use co-sponsors could this be a friend who lives out of state from you or do they have to live in the same state? Thank you in advance. :)

Married ❤️02-14-14 valentines day!?❤️

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PD April 4, 2014 USCIS Vermont service center

NOA1 April 8, 2014

RFE none

NVC

Petition Approved July 10, 2014

AOS & IV scan dates 8/21 & 9/23

Waiting on our CC

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dwheels76 Grand Master

dwheels76   5,468

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Hello again, thank you all for the advice so far. I did speak with an immigration lawyer here & I'll have to file a subpoena to end the common law relationship, so different from a divorce & in that case I can't do it myself. It will take at least 90 days. My next question is in regards to sponsoring & income. I was told I need to show $24,000 annually. For those who have had to use co-sponsors could this be a friend who lives out of state from you or do they have to live in the same state? Thank you in advance. smile.png

Co-sponsor can be anyone who is a US citizen or LPR living in the US. They don't have to be a family member.

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boosbear Explorer

boosbear   37

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Filed: IR-1/CR-1 Visa (DCF) Country: Canada
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Thank you! That's wonderful!! So appreciated.

Married ❤️02-14-14 valentines day!?❤️

USCIS

PD April 4, 2014 USCIS Vermont service center

NOA1 April 8, 2014

RFE none

NVC

Petition Approved July 10, 2014

AOS & IV scan dates 8/21 & 9/23

Waiting on our CC

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Hypnos Grand Master

Hypnos   6,576

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Filed: Citizen (apr) Country: United Kingdom
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A subpoena is a request for information; I'm not sure how you can use one to end a common-law marriage. IANAL though.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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boosbear Explorer

boosbear   37

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Canada
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Thank you Hypnos, I meant an affidavit, the form to file for divorce is asking for a marriage certificate. I don't have one. Silly RI only one of 9 states that recognize CL marriage.

Married ❤️02-14-14 valentines day!?❤️

USCIS

PD April 4, 2014 USCIS Vermont service center

NOA1 April 8, 2014

RFE none

NVC

Petition Approved July 10, 2014

AOS & IV scan dates 8/21 & 9/23

Waiting on our CC

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

That makes more sense :)

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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