Common Law Marriage

[carmel34 3,620]

Research the laws in Jamaica regarding common law marriage.  It may help your case if you submit evidence to show that he was living with a common law spouse during the time he applied for the tourist visa, and evidence that he terminated this cohabitation relationship to show that the common law marriage ended on a date after he stopped living with her.  Most countries define common law marriage as cohabitation without being legally married, so maybe proof that he lived with someone at the time he swore on penalty of perjury that he was, and proof that the cohabitation ended some point after that.  Joint leases or evidence like joint utility bills would show the period of common law marriage, and a lease showing he was living on his own later to show that the cohabitation ended.  These would be my suggestions.  If he did in fact lie to get the tourist visa and he has no evidence that he lived with the mother of his child when he applied for the visa and stated in the visa interview that he was in a common law marriage, he may have a ban from entering the US for misrepresentation.  In that case a good immigration attorney in Jamaica who has experience in similar cases may be able to help.  Good luck!

[geowrian 22,337]

A certificate of singleness does not equal a dissolution of marriage.

[Beth & Achraf 328]

15 hours ago, The Garcia's said:

Hello all 

When my fiancé  applied for his tourist visa, the agency put down he was COMMON LAW MARRIED to the mother of their child.  Due to this we got and RFE.  How or what do I need to do to clear this up.  With common law we know that there is no record so no record of divorce.  I am at a loss any advice PLEASE!!!!!!!!

Tell your fiance' to speak with an divorce attorney in Jamaica, they will know what to do.

 

 

[Pinkrlion 2,715]

This is becoming more of an issue in JA. People stating they are common law married so they can have more evidence for a visitor's visa. It hurts them when this occurs. 

 

Search in VJ for common law marriage. There are several JA members that have had to address the same thing in the past 6 months so it is current what they did to overcome the common law issue with the embassy. 

[Boiler 45,442]

8 minutes ago, Pinkrlion said:

This is becoming more of an issue in JA. People stating they are common law married so they can have more evidence for a visitor's visa. It hurts them when this occurs. 

 

Search in VJ for common law marriage. There are several JA members that have had to address the same thing in the past 6 months so it is current what they did to overcome the common law issue with the embassy. 

I have real issues finding stuff using the VJ search and I have seen these issues over they years from a variety of Countries so I try and keep an eye out for anybody who has found a solution, do you have any links to anybody has or recollect what they did?

[Pinkrlion 2,715]

 

 

[Pinkrlion 2,715]

 

 

[Boiler 45,442]

Thanks will go have a read when I have a moment.

[Boiler 45,442]

Seems that the one who stated Common Law married got around it by substantiating that there is no such thing where they are, well in a legal sense and I can see that argument could work.

 

The ones where they said they were married seems to be ongoing.

[geowrian 22,337]

Does raise the question of how one claims to be common law married and then later claim that no such thing as common law marriage exists there. 🤷‍♂️ Or why the CO never raised the issue that there is no such thing there.

[Boiler 45,442]

4 minutes ago, geowrian said:

Does raise the question of how one claims to be common law married and then later claim that no such thing as common law marriage exists there. 🤷‍♂️ Or why the CO never raised the issue that there is no such thing there.

Well for a Tourist Visa is probably was not worth the energy, OK you are claiming to be in a relationship which does not exist, deny and move on.

[Ryan H 3,812]

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