K1 Visa 129-F Denial -- Next Steps?

[SusieQQQ 11,586]

10 hours ago, BeautyfromAshes said:

The United states accepts and fully recognizes any relationship of 7 years or longer as Common Law Marriage if the couple claims it as such.

Can you reference a law? I have never heard this, and certainly for immigration purposes common law marriage is not “married” except subject to very strict conditions (none of which are time based):

 

9 FAM 102.8-1(F)  Common Law Marriage 

(CT:VISA-1272;   05-03-2021)

In the absence of a marriage certificate, an official verification, or a legal brief verifying full marital rights, a common law marriage or cohabitation is a “valid marriage” for purposes of visa adjudication only if it is legally recognized in the place in which the relationship was created and is fully equivalent in every respect to a traditional marriage.  To be "fully equivalent", the relationship must bestow all the same legal rights and duties possessed by partners in a lawfully contracted marriage, including that:

(1)  The relationship can only be terminated by divorce or death;

(2)  There is a potential right to alimony;

(3)  There is a right to intestate distribution of an estate; and

(4)  There is a right of custody if there are children.

[Ontarkie 14,217]

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