Help Needed! I129/I130 RFEs requested

[Teej Ad 0]

On 2/19/2015 we received notice that our cases (I129F & I130) have been suspended until we can provide some REFs. As anyone gone through this before or have legit/legal documents that state the below? Or where we might be able to find some?

REF:

"The relevant Colombian statue/law that establishes that a “de facto common law marriage” is the equivalent of a legally contract marriage under Colombia law with all the same legal rights and duties of marriage. The statue/law should establish the legal foundation of a common law marriage in that state and set forth the requirement necessary to prove common law marriages".

[anjans 21]

On 2/19/2015 we received notice that our cases (I129F & I130) have been suspended until we can provide some REFs. As anyone gone through this before or have legit/legal documents that state the below? Or where we might be able to find some?

REF:

"The relevant Colombian statue/law that establishes that a “de facto common law marriage” is the equivalent of a legally contract marriage under Colombia law with all the same legal rights and duties of marriage. The statue/law should establish the legal foundation of a common law marriage in that state and set forth the requirement necessary to prove common law marriages".

Are you married or what is the I 130 for? Because what i don't understand if so, is why you are filing I129f , which is a fiance visa.

From the rfe it seems as if you have filed a petition as a married couple.

[Teej Ad 0]

We are married under what Colombia calls "common law marriage" so we filed a I129f (Petition for Alien Fiancé K3 visa-already married). The I130 (Petition for Alien Relative) was filed first, after receiving our NOA letter (which is needed before you can submit i129f). If the petitioner is a US citizen the fee is waved.

The I129F allows your spouse as nonimmigrant under the Life Act to purse adjustment of status to permanent resident.

Edited February 24, 2015 by Teej Ad

[cocolucho 35]

Are you married or what is the I 130 for? Because what i don't understand if so, is why you are filing I129f , which is a fiance visa.

From the rfe it seems as if you have filed a petition as a married couple.

I think he is done it correctly, he filed for the I-130 and then he filed for the I-129f for spouse to obtain a k3 spouse visa and not the k1 for fiance

On 2/19/2015 we received notice that our cases (I129F & I130) have been suspended until we can provide some REFs. As anyone gone through this before or have legit/legal documents that state the below? Or where we might be able to find some?

REF:

"The relevant Colombian statue/law that establishes that a “de facto common law marriage” is the equivalent of a legally contract marriage under Colombia law with all the same legal rights and duties of marriage. The statue/law should establish the legal foundation of a common law marriage in that state and set forth the requirement necessary to prove common law marriages".

I think you can read this link and see if it answers your question: http://www.justanswer.com/family-law/7zejj-common-law-marriage-colombian-citizen-binding.html

"Colombia does not recognize same-sex marriage, common law or otherwise. There are court rulings in Colombia that allow same sex couples to register for the same rights that heterosexual partners have though marriage---but this is not a legal "marriage", per se, in either Colombia or anywhere in the US. Colombia has what is considered a "de Facto" union---the equivalent of a marriage, but to qualify for that union, you must live together for at least 2 years."

It seems that since you married on May 27, 2014 USCIS is questioning that fact that you may not be legally married, since in order for your union to be valid you have to live together for at least 2 years. I hope this helps :-)

We are married under what Colombia calls "common law marriage" so we filed a I129f (Petition for Alien Fiancé K3 visa-already married). The I130 (Petition for Alien Relative) was filed first, after receiving our NOA letter (which is needed before you can submit i129f). If the petitioner is a US citizen the fee is waved.

The I129F allows your spouse as nonimmigrant under the Life Act to purse adjustment of status to permanent resident.

You are correct, See my comment above for your original question :-)

Edited February 24, 2015 by cocolucho

[anjans 21]

So from what i read on common law marriage it is nothing that is registered, you need to be legally married to be using this Petition.

[anjans 21]

But these two applications is not something you file together. Are any of you a us citizen?

[Teej Ad 0]

Thanks for the information. Yes, there is lots of grey areas when it comes to Colombians same-sex common law marriages. I found this article http://colombiareports.co/same-sex-couples-to-be-able-to-seek-civil-unions-as-both-sides-react-to-congress-decision/

It states "The ruling specifies that the civil unions are not the same as marriage as defined in the Colombian Constitution, and same sex couples will not have the right to adopt children, however, once approved by a notary the partnerships will have all the same rights as heterosexual unions."

Does this sounds like there is hope? Or what happens if we can't prove it? Will our case be denied?

[anjans 21]

Ok, sorry about that information about the two applications, i filed for k1 fiance so it confused, but your marriage need to be legal with a certificate .

Thanks for the information. Yes, there is lots of grey areas when it comes to Colombians same-sex common law marriages. I found this article http://colombiareports.co/same-sex-couples-to-be-able-to-seek-civil-unions-as-both-sides-react-to-congress-decision/

It states "The ruling specifies that the civil unions are not the same as marriage as defined in the Colombian Constitution, and same sex couples will not have the right to adopt children, however, once approved by a notary the partnerships will have all the same rights as heterosexual unions."

Does this sounds like there is hope? Or what happens if we can't prove it? Will our case be denied?

Cant say, but i do know that your marriage need to be legal like i said, maybe it is better to file for a k1 fiance visa then, and get married legally in the state where it is legal for same sex couple marriage

[cocolucho 35]

Thanks for the information. Yes, there is lots of grey areas when it comes to Colombians same-sex common law marriages. I found this article http://colombiareports.co/same-sex-couples-to-be-able-to-seek-civil-unions-as-both-sides-react-to-congress-decision/

It states "The ruling specifies that the civil unions are not the same as marriage as defined in the Colombian Constitution, and same sex couples will not have the right to adopt children, however, once approved by a notary the partnerships will have all the same rights as heterosexual unions."

Does this sounds like there is hope? Or what happens if we can't prove it? Will our case be denied?

I think it sounds promising, but you may want to keep searching before thinking about the alternative. I think if you can provide more publications of the interpretation of civil unions as stated above, it will make your case stronger, specially if there is someone else who has done it before. Hopefully someone with more knowledge can help you here. One more thing, even if you are able to go through USCIS and NVC, the issue can arise once again once you reach the embassy level where there may be more scrutinies by the embassy interviewer/CO. Just my two cents here

Now for a worst case scenario, you will have to re-file again, but doing an I-129f for fiance. I hope you don't have to get to that point so lets see what else we can dig

Edited February 24, 2015 by cocolucho

[Darnell 8,478]

Seems you are not not legally married in Columbia. Why 'to seem'?

You not have a document resembling a marriage certificate.

Since Colombia doesn't recognize your marital union, and the USA doesn't either,

IF you can't get a marriage certificate,

then suggest you pursue a K-1 visa.

Sure, it means you have to file a new petition, but even then, if USCIS decides you are 'sorta legally married', they might deny the petition.

[Teej Ad 0]

I just thought I would update this post just in case someone else is in the same boat. After receiving a letter and saying we needed to prove that Colombian recognizes gay marriage (or common-law marriages) & they receive the same rights as US marriages. Well today, March 24th our case got approved!!!! Thanks for your help everyone!

[NikLR 13,228]

I just thought I would update this post just in case someone else is in the same boat. After receiving a letter and saying we needed to prove that Colombian recognizes gay marriage (or common-law marriages) & they receive the same rights as US marriages. Well today, March 24th our case got approved!!!! Thanks for your help everyone!

yay!!!

[Darnell 8,478]

Thats great!

[cocolucho 35]

I just thought I would update this post just in case someone else is in the same boat. After receiving a letter and saying we needed to prove that Colombian recognizes gay marriage (or common-law marriages) & they receive the same rights as US marriages. Well today, March 24th our case got approved!!!! Thanks for your help everyone!

Congratulations!!!! That is great news.. Wish you the best on the rest of your journey :-)