Common Law Marriage - Mexico

[DriMacias 1]

I have applied for my husbands green card. Prior to our relationship; he had a partner that lived with him for about 8 years. They never married but had two children. They are now saying they are legally married in Aguascalientes, Mexico through Common Law marriage. Our lawyers in Mexico have advised us that the state of Aguascalientes doesn’t recognize common law marriage and can’t provide us with any type of divorce decree, annulment, etc. We have no idea how to bypass this? We’ve provided documents showing he’s not legally married but that doesn’t seem to convince them. Has anyone had issues with common law marriage in Mexico?

[Boiler 46,103]

Who is they?

[DriMacias 1]

Immigration - we received an RFE asking to provide a divorce decree for the marriage. 
They received prior marriage and divorce decree from his first marriage but he never married his ex partner only lived together so there was never a marriage certificate so don’t understand how we are to provide a divorce decree. 
 

[Boiler 46,103]

I am pretty sure they do not ask about Girl Friends, so how did this arise?

[DriMacias 1]

His children’s birth certificates. 

[Letspaintcookies 2,310]

Can you upload a picture of the RFE letter ( personal information blacked out ) so we can see the exact wording? That would help us understand clearer what they're asking I think. Or just type it.

[Boiler 46,103]

So the Birth Certificates stated they were married?

[DriMacias 1]

Submit proof that the marriage(s) of Name and Name legally ended. Such proof would normally be a final (absolute) divorce
decree, death certificate, annulment, etc. For immigration purposes, this evidence must have
been registered with the government agency authorized to register such documents.

[DriMacias 1]

No, there are no documents in the civil registry stating a marriage. That’s why we aren’t sure how we are supposed to provide a divorce decree. 
Birth Certificate only holds mother/father info nothing stating married. 
 

They stated a common law marriage clause came into place in 2019 which was the year they separated. We’ve contacted a lawyer in Mexico and they state there’s no such thing. During our interview they stated they weren’t sure about the law though, it was something they pulled up before we entered when she noticed the mom on the birth certificates. Stated that they’d need to investigate it. Then we received that RFE. 

We never thought to mention her during our application process hence the fact that they weren’t legally married. 

 

[SalishSea 18,133]

Did he ever apply for a US visa (visitor or other) when he was with the common law partner?

[DriMacias 1]

Yes, they both received one in 2012. Two years after the birth of their first child. 

[PaulaCJohnny 713]

12 minutes ago, DriMacias said:

Yes, they both received one in 2012. Two years after the birth of their first child. 

And on that application heheh put that they were  married??

Edited December 2, 2021 by PaulaCJohnny

[DriMacias 1]

My husband said he was sure she listed common law marriage. Which is supposedly not recognized in Mexico well up until 2019 as we are being told now. Mexico states they can’t divorce him unless the marriage was registered with the civil registry. 

[K1visaHopeful 2,878]

58 minutes ago, Letspaintcookies said:

Can you upload a picture of the RFE letter ( personal information blacked out ) so we can see the exact wording? That would help us understand clearer what they're asking I think. Or just type it.

This (a screenshot of it) will be most helpful.

Then we can understand exactly what they are asking for in your RFE.

[DriMacias 1]

5 minutes ago, K1visaHopeful said:

This (a screenshot of it) will be most helpful.

Then we can understand exactly what they are asking for in your RFE.

Submit proof that the marriage(s) of Name and Name legally ended. Such proof would normally be a final (absolute) divorce
decree, death certificate, annulment, etc. For immigration purposes, this evidence must have
been registered with the government agency authorized to register such documents.