What documents can we use for a Matter of Mowrer Case?

[kurkulas145 0]

Hello everyone,

 

I'll try to make this as concise as possible while giving some background. I did the paperwork for my aunt to petition her daughter along with her three biological children and stepson back in 2013 (F2B case). My aunt became a citizen last year and depending on how fast either category moves, we may have my cousin opt out of the F1 category. Now upon checking the visa bulletin I see that both categories are due to be current within the next 2 years and I'd like to get a head start on what kind of paperwork we might need to prove the continuing step relationship between my cousin and her stepson.

 

According to the BIA ruling 'Matter of Mowrer,' the dissolution of a marriage between the stepparent and natural parent doesn't preclude the stepchild from obtaining a visa as a stepchild as long as the step relationship continues to exist as a matter of fact. This ruling applies equally to derivative beneficiaries so long as they otherwise meet the definition of a stepchild under immigration law. Now I studied some law in college, and I will always remember those immortal words, 'matter of fact' vs 'matter of law' lol. The specific wording in this case is 'matter of fact', which means that they just have to prove that the step relationship continues to exist between them despite her divorce to his father. That part is clear, however I can't seem to find any reference on this site to people with similar cases and even Google has proven difficult.

 

We're not going to pay hundreds of dollars to a lousy attorney for information we can get on sites like these for free. It really isn't a complicated case and I don't think it should be complicated to prove because my cousin married his father when he was 3 years old and she practically raised him to the point where he lived with her even after the divorce, not even with his biological mother. That being said, I know that this government absolutely loves paperwork and they would want to see documentation instead. That's why I'd like to know if anyone here has a similar case and if so what kind of documents will the consul want to see? Pictures of them, letters, documents showing the stepson lived with her after the divorce, affidavits, etc? Again, I don't expect that the consul should make a big fuss considering that she raised him and a relationship like that doesn't just end even after a divorce. There are plenty of step relationships that continue to exist after a divorce, which is why the BIA issued this ruling back in the day. I just want to make sure that we can gather as much evidence as possible that would convince the consul, and start gathering that now so we're not scrambling later on. Thank you guys so much in advance for anything you can contribute.😀

Edited August 26, 2018 by kurkulas145