K1 Visa 129-F Denial -- Next Steps?

[SusieQQQ 11,586]

According to this legal site (it’s about wanting to live in the foreign country but this statement obviously stands regardless), “According to the Civil Law in Mexico, since October 2014 the judges of the Civil Registry may receive statements regarding the existence or cessation of a common-law marriage and issue a Certificate of Cohabitation.” If that is the case, surely it should be a fairly easy thing to do, and the local Mexican lawyer would be aware of that?

 

https://www.fredlaw.com/news__media/2015/11/11/1047/immigration_treatment_of_common-law_and_same-sex_marriage/

 

[JAC&MEH 34]

43 minutes ago, SusieQQQ said:

According to this legal site (it’s about wanting to live in the foreign country but this statement obviously stands regardless), “According to the Civil Law in Mexico, since October 2014 the judges of the Civil Registry may receive statements regarding the existence or cessation of a common-law marriage and issue a Certificate of Cohabitation.” If that is the case, surely it should be a fairly easy thing to do, and the local Mexican lawyer would be aware of that?

 

https://www.fredlaw.com/news__media/2015/11/11/1047/immigration_treatment_of_common-law_and_same-sex_marriage/

 

Yes!  I have seen this too but all I can find related to it is a Certificate of Cohabitation.  I was unable to find a document that would officially show that the Cohabitation has officially ended (cessation).  You would think if there's one to show it's established, there has to be one that shows it has ended.  Keeping my fingers crossed!

[JAC&MEH 34]

1 hour ago, Villanelle said:

Lets back up a second. You posted the quote above and repeated it several times now. Am I reading this right? As part of your response to the RFE you sent a letter from a Mexican Attny stating very clearly that she was in a valid legally recognized common law marriage? And are wondering why they want a divorce decree? And this Mexican Attny provided you with a statement explaining how it was a valid common law marriage and advised you what? That a certificate of single was the answer? Im just trying to sort this all out. .. 

The lawyer just described in general the status of Concubinage.  She never mentioned it being "legally recognized."  The letter actually stated that though it was true that she was living in a common law marriage, she never contracted a marriage as evidenced by the Single Status Certificate.

[JAC&MEH 34]

I got the letter and was actually impressed with the detail into which they explained their reasoning.  It is sound and I have no complaints whatsoever.  We were unable to establish her eligibility to marry and that's that.  They acknowledged the Single Status Certificate but said that it didn't matter because it was not "consistent with acceptable divorce documents for immigration purposes, as established by the United States Department of Foreign Affairs Manual."  As for others that have been lucky enough to get through the process using a Single Status Certificate to prove eligibility, those certificates must be recognized in the Foreign Affairs Manual for their specific country.  I looked it up and there is NO mention of a Single Status Certificate as acceptable documents from Mexico.

 

Bottom line, as many on here have already mentioned, I have to produce a divorce decree that formally establishes that she is no longer in this relationship, regardless what it is considered.  All I can do now, is wait to meet with my US and Mexican attorneys and see if there is any sort of document that will do this for us.  There is no need to appeal as we have to show we were eligible at the time we file.  IF we are lucky enough to obtain such a document sufficient to show she is no longer in this relationship, it would clearly be dated after the date of our filing.  We would just need to re-file for the K1 or go the whole CR1 route.  

 

I appreciate everyone's help and support.  Now I need to focus on documentation showing the termination of a common-law marriage in Mexico.  If ANYONE on this forum has experience with such matters, please drop me a line.

 

Thanks again!

[geowrian 22,337]

1 minute ago, JAC&MEH said:

I got the letter and was actually impressed with the detail into which they explained their reasoning.  It is sound and I have no complaints whatsoever.  We were unable to establish her eligibility to marry and that's that.  They acknowledged the Single Status Certificate but said that it didn't matter because it was not "consistent with acceptable divorce documents for immigration purposes, as established by the United States Department of Foreign Affairs Manual."  As for others that have been lucky enough to get through the process using a Single Status Certificate to prove eligibility, those certificates must be recognized in the Foreign Affairs Manual for their specific country.  I looked it up and there is NO mention of a Single Status Certificate as acceptable documents from Mexico.

 

Bottom line, as many on here have already mentioned, I have to produce a divorce decree that formally establishes that she is no longer in this relationship, regardless what it is considered.  All I can do now, is wait to meet with my US and Mexican attorneys and see if there is any sort of document that will do this for us.  There is no need to appeal as we have to show we were eligible at the time we file.  IF we are lucky enough to obtain such a document sufficient to show she is no longer in this relationship, it would clearly be dated after the date of our filing.  We would just need to re-file for the K1 or go the whole CR1 route.  

 

I appreciate everyone's help and support.  Now I need to focus on documentation showing the termination of a common-law marriage in Mexico.  If ANYONE on this forum has experience with such matters, please drop me a line.

 

Thanks again!

Thanks for the update. Good luck. Don't be afraid to post again with future questions...hopefully they are more clerical in nature than this issue.

[JAC&MEH 34]

Just now, geowrian said:

Thanks for the update. Good luck. Don't be afraid to post again with future questions...hopefully they are more clerical in nature than this issue.

There was no hint of any claim of misrepresentation.  I could tell from the letter that they truly were doing everything they could to approve the petition.  They were only responding to the facts that they have before them.  After reading the letter, I am truly impressed.  They could have just said denied!  Go pound sand!  But they took the time to explain in specifics exactly what the problem was and why they came to the conclusion that they did.  I feel confident that if a Single Status Certificate was a document that they actually recognized from Mexico, they would have approved it.  It was pretty simple.  Prove to us she is eligible, and we will approve the petition.  I'm just hoping that I can find a way to get them the documentation they need.  We are fortunate that she is on good terms with her ex and that he has expressed his willingness to help.

[geowrian 22,337]

4 minutes ago, JAC&MEH said:

There was no hint of any claim of misrepresentation.  I could tell from the letter that they truly were doing everything they could to approve the petition.  They were only responding to the facts that they have before them.  After reading the letter, I am truly impressed.  They could have just said denied!  Go pound sand!  But they took the time to explain in specifics exactly what the problem was and why they came to the conclusion that they did.  I feel confident that if a Single Status Certificate was a document that they actually recognized from Mexico, they would have approved it.  It was pretty simple.  Prove to us she is eligible, and we will approve the petition.  I'm just hoping that I can find a way to get them the documentation they need.  We are fortunate that she is on good terms with her ex and that he has expressed his willingness to help.

As noted previously, misrepresentation would not be raised at this stage. USCIS is only touching the petition. I'm not doubting that she won't have a misrep bar...just pointing out that even if she would have one, it would have absolutely no mention or bearing at this stage. Also, USCIS would not be the one to impose any such bar - it would only occur when she applied for the visa.

 

I'm glad the letter was detailed. They usually are fairly well specific in denials, but it sounds like they went even beyond that. Cool!

[JAC&MEH 34]

On 11/7/2019 at 2:55 PM, payxibka said:

What was the RFE for?

 

No appeal, only thing to do is cure the ineligiblility and file again if that is the course you choose 

If she is successful in obtaining a divorce from her common-law spouse and we choose to re-file for a K1, do I need to officially request that my current petition be withdrawn or is that unnecessary since it has been denied?   Do you think we would be better off getting married down there and going the I-130 route?  The only reason we even opted for the K1 was that we wanted to be together ASAP. 

[Ryan H 3,812]

**Derailing post removed.**

[Boiler 45,445]

I have never heard of anybody obtaining a divorce for a common law partner, anywhere,

 

Focus should be on her describing herself as married.

[Sarah Jean-Paul 15]

22 hours ago, JAC&MEH said:

Yes;  I was thinking exactly the same.  I have just heard on here so many times where people who have been denied a K1, go ahead and get married and then go the I-130 route.  I will wait to read the letter but I am already researching to see if there is some way to obtain a legal divorce from a common-law spouse in Mexico.  That may be our last option - if we have any at all.  

Obtain the court document to show the date that her common law marriage ended. Have her and the guy sign it and have it certified by a judge. Then go there and just get married and then file the spousal visa.

[JFH 12,190]

Would it not be easier for you immigrate to Mexico? 

Edited November 9, 2019 by JFH

[Evie_v 8]

Does Mexico have "Registro Familiar" or "Libro Familiar?" I am wondering if you could get a notarized certificate signed by a judge that shows the dates of the cohabitation when it began and ended. 

 

If push comes to shove, is her ex still single? Could they marry and divorce that same day to generate the proper documentation that proves she is single? 

[JAC&MEH 34]

2 minutes ago, Evie_v said:

Does Mexico have "Registro Familiar" or "Libro Familiar?" I am wondering if you could get a notarized certificate signed by a judge that shows the dates of the cohabitation when it began and ended. 

 

If push comes to shove, is her ex still single? Could they marry and divorce that same day to generate the proper documentation that proves she is single? 

I have read somewhere (see previous post) that they have a certificate of cohabitation so I would assume they must have something to document the end of such a period. 
 

Yes;  her ex is still single and they are civil. He’s going to go see his attorney Monday to see what he can do to help.  There must be a way to obtain the necessary documents to prove her eligibility.  In the US, if you are in a common-law marriage, you have to go through a formal divorce just as if you were legally married.  It’s possible that they may be able to get an administrative divorce; not sure.  She is fortunate that he is willing to help.  

[JAC&MEH 34]

1 hour ago, JAC&MEH said:

I have read somewhere (see previous post) that they have a certificate of cohabitation so I would assume they must have something to document the end of such a period. 
 

Yes;  her ex is still single and they are civil. He’s going to go see his attorney Monday to see what he can do to help.  There must be a way to obtain the necessary documents to prove her eligibility.  In the US, if you are in a common-law marriage, you have to go through a formal divorce just as if you were legally married.  It’s possible that they may be able to get an administrative divorce; not sure.  She is fortunate that he is willing to help.  

Check this link out:

 

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=2ahUKEwjdx4jM7N3lAhVPtZ4KHVZvBpYQFjAAegQIABAC&url=http%3A%2F%2Fwww.registrocdmx.df.gob.mx%2Fstatics%2Fformatos%2FTCEJUR-DGRC_RAD_6.pdf&usg=AOvVaw1zNRZyievP5qVlZTSCUqhn

 

You'll have to run it through a translator unless you know Spanish but this may be the document that I am needing.