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taknev

Common law marriage and separation? Does she still need to select "Yes" to the question "Have you been previously married?" Please read below

By taknev in K-1 Fiance(e) Visa Process & Procedures

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designguy
designguy

If they were not legally married (IE signed a marriage certificate) they are not married and you correctly selected No

designguy
designguy

If they select yes then they will need to provide proof that the previous marriage was terminated or the spouse died. For common law relationships there is no such thing as divorce. There have been a

Boiler
Boiler

Isabel Posso   303 716 8500   She is in Lakewood.

Boiler Grand Master

Boiler   45,541

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So how was her CLM terminated?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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taknev Contributor

taknev   10

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3 minutes ago, Boiler said:

So how was her CLM terminated?

The state of Colorado said nothing was on her file. So how could they terminate something that's not there? 

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designguy Proficient

designguy   1,179

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2 minutes ago, taknev said:

The state of Colorado said nothing was on her file. So how could they terminate something that's not there? 

Its the catch 22 with the common law marriages, because you dont get a certifcate or anything the state might not know you are in one. It seems a court would need to rule whether a CLM existed or not, and then if one did it could be terminated

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Boiler Grand Master

Boiler   45,541

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Part of the Court process, sounds like they held themselves out as Married, Court determines if that was the case and if so terminates the relationship., just like a regular Divorce.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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taknev Contributor

taknev   10

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3 minutes ago, designguy said:

Its the catch 22 with the common law marriages, because you dont get a certifcate or anything the state might not know you are in one. 

Any idea what to do next? Call uscis and let them know of the issue? 

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Boiler Grand Master

Boiler   45,541

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Just now, designguy said:

if it were me I would call a lawyer first

Is this Denver, I can recommend one.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,541

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Isabel Posso

 

303 716 8500

 

She is in Lakewood.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Ryan H Grand Master

Ryan H   3,812

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Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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NikLR Grand Master

NikLR   13,227

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EDIT... didn't read whole thread. NEVERMIND! LOL

Edited by NikLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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NikLR Grand Master

NikLR   13,227

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To add yes, she needs to get divorced.  I had a friend buy a house with a boyfriend.  They ended up having to get divorced to sell the house because colorado determined they were common-law married.  

You will need to withdraw the I-129F petition.  The petitioner was not legally able to be married. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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taknev Contributor

taknev   10

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11 minutes ago, NikLR said:

To add yes, she needs to get divorced.  I had a friend buy a house with a boyfriend.  They ended up having to get divorced to sell the house because colorado determined they were common-law married.  

You will need to withdraw the I-129F petition.  The petitioner was not legally able to be married. 

But she said that there was no record of her marriage when she went to the court.. how can she get divorced when there's no record of her marriage? 

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