Common law marriage

[Lovely Aquarius 7]

    I was notified of an RFE yesterday by text. I called this morning to get more information and they have my fiance as being previously married (common law). They basically want proof that he is no longer in a marriage. The common law marriage was to his son mother. They are no longer living together. They haven't lived together for 2 years. Do I need him to go ahead a get the certificate of nonimpediment. Will that be sufficient proof that he has single and free to marry?

[Jenny17655 284]

1 hour ago, Lovely Aquarius said:

    I was notified of an RFE yesterday by text. I called this morning to get more information and they have my fiance as being previously married (common law). They basically want proof that he is no longer in a marriage. The common law marriage was to his son mother. They are no longer living together. They haven't lived together for 2 years. Do I need him to go ahead a get the certificate of nonimpediment. Will that be sufficient proof that he has single and free to marry?

He will need the certificate anyway.  It is a requirement for the K1 interview in JA

[Lovely Aquarius 7]

3 hours ago, Jenny17655 said:

He will need the certificate anyway.  It is a requirement for the K1 interview in JA

Thank you for your response 

[Pinkrlion 2,716]

7 hours ago, Lovely Aquarius said:

    I was notified of an RFE yesterday by text. I called this morning to get more information and they have my fiance as being previously married (common law). They basically want proof that he is no longer in a marriage. The common law marriage was to his son mother. They are no longer living together. They haven't lived together for 2 years. Do I need him to go ahead a get the certificate of nonimpediment. Will that be sufficient proof that he has single and free to marry?

You will need to consult a lawyer in JA.  To be deemed a common law marriage, they lived together for 5 years or more.  JA treats common law marriage just like regular marriage and if the relationship has been dissolved it is filed in court to be considered a legal separation.   His common law spouse can file for child support, alimony, and part of all property owned during the common law marriage.   

 

He cannot just say that he moved out and left 2 years ago.  

 

 

Edited July 24, 2019 by Pinkrlion

[Jenny17655 284]

17 hours ago, Pinkrlion said:

You will need to consult a lawyer in JA.  To be deemed a common law marriage, they lived together for 5 years or more.  JA treats common law marriage just like regular marriage and if the relationship has been dissolved it is filed in court to be considered a legal separation.   His common law spouse can file for child support, alimony, and part of all property owned during the common law marriage.   

 

He cannot just say that he moved out and left 2 years ago.  

 

 

How does the government know that people are engaged in common law marriage?  Do they need to register their relationship with the gov't after a certain amount of years?

[Lovely Aquarius 7]

2 hours ago, Jenny17655 said:

How does the government know that people are engaged in common law marriage?  Do they need to register their relationship with the gov't after a certain amount of years?

Apparently it's different in Jamaica. There was no engagement, ceremony, or registration though.

[Jenny17655 284]

35 minutes ago, Lovely Aquarius said:

Apparently it's different in Jamaica. There was no engagement, ceremony, or registration though.

So how does the embassy know?

[Lovely Aquarius 7]

19 minutes ago, Jenny17655 said:

So how does the embassy know?

In the past when he was still with his sons mother and still living together he applied for a visitors visa. He applied twice and was denied twice.  She applied once and was denied as well. He did list her as someone he lives with at the time. I'm sure she listed him as well. That's the only thing I can think of. I don't have the physical letter from Immigration as of yet.

Edited July 25, 2019 by Lovely Aquarius

[Pinkrlion 2,716]

19 minutes ago, Jenny17655 said:

So how does the embassy know?

Any Information listed on DS-160 and stated at interview is in your permanent immigration file. It could have been 20 years ago, they still have the information. 

[Pinkrlion 2,716]

3 hours ago, Jenny17655 said:

How does the government know that people are engaged in common law marriage?  Do they need to register their relationship with the gov't after a certain amount of years?

Technically they are supposed to register, but a lot of times it is not revealed until common law spouse files for child support and part of the house and land. 

[Lovely Aquarius 7]

22 hours ago, Pinkrlion said:

You will need to consult a lawyer in JA.  To be deemed a common law marriage, they lived together for 5 years or more.  JA treats common law marriage just like regular marriage and if the relationship has been dissolved it is filed in court to be considered a legal separation.   His common law spouse can file for child support, alimony, and part of all property owned during the common law marriage.   

 

He cannot just say that he moved out and left 2 years ago.  

 

 

Thank you for this information. It's been really difficult trying to figure out what to do from here. 

[Lovely Aquarius 7]

On 7/25/2019 at 2:05 PM, Pinkrlion said:

Technically they are supposed to register, but a lot of times it is not revealed until common law spouse files for child support and part of the house and land. 

Do you know if a common law relationship that was not registered and has been terminated is still considered legally binding?

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[Pinkrlion 2,716]

On July 27, 2019 at 9:57 AM, Lovely Aquarius said:

Do you know if a common law relationship that was not registered and has been terminated is still considered legally binding?

That is why u need to consult a lawyer in JA

[Lovely Aquarius 7]

*****Update*****I just wanted to post an update in case anyone encounters a situation similar to mines. I responded to my RFE with a certificate of nonimpediment and a letter signed by a JOP( justice of the peace). The letter was generic and just stated common law marriage is not legally binding in Jamaica. After 21 days of waiting I received a response today. We were approved. I did not consult or retain an attorney.