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Posted (edited)
53 minutes ago, DriMacias said:

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. 

If he did was working at that time, right? He did in some Registro Civil or ? If he had any paper that proves that so yes he did it. Valid or not they did it and he share this information on his DS-160 so or he will need to show the annulment or he will be facing  misrepresentation for this “mistake. IMO. 
and another problem will be that he was not free to married you so your marriage will not be aceptable.

 

I don’t think your case is an DIY one, you need to discuss all this with your lawyer and see what can be done.

 

Good luck

Edited by PaulaCJohnny
Filed: K-1 Visa Country: Wales
Timeline
Posted

It does seem they want to see evidence that the common law marriage he was in when he got his visa has been 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.”

Posted

From what I understand, when both applied for a visa, he might not have stated they were in a common law marriage but the former partner did.

 

@DriMaciasInstead of responding with a divorce decree -which is non existent- you should send a copy of the Mexican civil code and its translation, where it states when/how common law marriage is terminated (mutual agreement, common residence abandonment or marriage to another person).

Posted
33 minutes ago, Letspaintcookies said:

What we see quite often is that people try to better their chances for a tourist visa by saying they're married on the application. Could that have been the case? That he applied for a tourist visa while in that former relationship and stated he was married to that person? I'm just confused as to how USCIS came to the conclusion that he and his ex were married. They usually don't do that just because of a name on a birth certificate. 

 

Edit: I just saw the former post stating exactly this. Well recognized or not by that time, he stated he was in one and now they want a divorce decree that you can't get cause it wasn't actually a thing. That's a big problem. 

Yes, we believe this is the problem. 
She applied for their visas at a travel agency without his knowledge and she told him she listed common law marriage. He believes it was a family/group application. He found out about it when they she told them they had their interview scheduled and they both received it. Our dilemma now is that Mexico won’t grant a divorce because of course no legal marriage certificate. & common law marriage isn’t recognized in their state. At this point, I’m thinking we may have to start all over and file a waiver along with our application because of her stating they were married on the application when in fact they weren’t, they committed fraud, right? 
I mean there’s no remedy for that. Mexico law is Mexico law but it’s going to boil down to what they submitted on their initial visa application. 

Posted
6 minutes ago, Allaboutwaiting said:

From what I understand, when both applied for a visa, he might not have stated they were in a common law marriage but the former partner did.

 

@DriMaciasInstead of responding with a divorce decree -which is non existent- you should send a copy of the Mexican civil code and its translation, where it states when/how common law marriage is terminated (mutual agreement, common residence abandonment or marriage to another person).

Our lawyer here has suggested we get a lawyer in Mexico explain exactly that. That Mexico doesn’t recognize common law. We hope that works. Problem being he doesn’t know what his portion of the application said because she did it for both of them at a travel agency. 

Posted
Just now, DriMacias said:

Our lawyer here has suggested we get a lawyer in Mexico explain exactly that. That Mexico doesn’t recognize common law. We hope that works. Problem being he doesn’t know what his portion of the application said because she did it for both of them at a travel agency. 

Well, first of all your lawyer is wrong. Mexico recognizes common law marriage, including the state your husband lives/lived at.

Who stated what on which form is completely irrelevant. Your husband had a common law marriage and USCIS is aware of it so your focus must be on providing proof it was terminated.

Filed: K-1 Visa Country: Wales
Timeline
Posted

You can not apply on behalf of someone else, each applicant has to sign off their own application.

“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.”

Posted
3 minutes ago, Allaboutwaiting said:

Well, first of all your lawyer is wrong. Mexico recognizes common law marriage, including the state your husband lives/lived at.

Who stated what on which form is completely irrelevant. Your husband had a common law marriage and USCIS is aware of it so your focus must be on providing proof it was terminated.

This is the lawyer we have in Mexico who has handled his child support proceedings so I imagine if he could’ve terminated his “divorce” he would have. He simply stated there was no need because there was no marriage certificate. Aguascalientes has what is called a “concubinato” which would give her rights as a wife to take him to court for alimony, child support, etc. but still not grant her rights of a legal certified marriage. 

Posted
1 minute ago, DriMacias said:

This is the lawyer we have in Mexico who has handled his child support proceedings so I imagine if he could’ve terminated his “divorce” he would have. He simply stated there was no need because there was no marriage certificate. Aguascalientes has what is called a “concubinato” which would give her rights as a wife to take him to court for alimony, child support, etc. but still not grant her rights of a legal certified marriage. 

Concubinato is recognized in every state in Mexico and your husband's one ended already. As I stated before, you must provide proof of it to USCIS citing the civil code and adding supporting evidence such as documents that prove your husband no longer shares residence with his former partner, a letter from her stating they ended the relationship on mutual agreement and even documents on the child support proceedings.

Posted
18 minutes ago, Boiler said:

You can not apply on behalf of someone else, each applicant has to sign off their own application.

I wish there was a way to see these application and who’s signature was used because my husband swears he never signed off on any visa application. He even asked our lawyer if she could pull the application to cross check signatures. But she stated she only could if he was being deported. Besides the point, it was filed and they both received them. Now we have to figure out how to proof common law isn’t recognized. We’ve pulled civil registry reports that state there is no active marriage. We hope letters from our lawyer in Mexico explaining common law marriage and how it terminates, etc. will help along with our civil registry reports. Our lawyer in Mexico advised we register our marriage in MX since he couldn’t legally be married to two people at once. But our lawyer here in the states suggested we wait until after we hear back after submitting the information we have for the RFE. Just in case we have to start over completely. 

Filed: Citizen (apr) Country: Ghana
Timeline
Posted (edited)

This is the very frustrating kind of circular problem where you are having to prove that something has been terminated when it never actually existed but USA immigration believes it existed because it was implied in a previous application.

 

Your only hope is a to get a reasonable officer who will be willing to understand and accept a clear documented clarification of the law by your attorney. These deal with documents so that’s what you need to get them.

 

This sometimes arises because the USA in it’s silly arrogance sometimes doesn’t recognize what exists in other countries that doesn’t match the American elements of marriage. Sometimes also it’s the fault of the applicant misrepresenting previous information knowingly or unknowingly.

 

Good luck.

Edited by African Zealot

Just another random guy from the internet with an opinion, although usually backed by data!


ᴀ ᴄɪᴛɪᴢᴇɴ ᴏғ ᴛʜᴇ ᴡᴏʀʟᴅ 

 

 

Posted
2 hours ago, DriMacias said:

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. 

So this is your problem, not the birth certificates.   If they stated they were married on a US visa application, naturally USCIS/DOS wants to see evidence of termination of that marriage before issuing a marriage-based immigration benefit.

 

Catch-22....

Posted
38 minutes ago, DriMacias said:

Yes, we believe this is the problem. 
She applied for their visas at a travel agency without his knowledge and she told him she listed common law marriage. He believes it was a family/group application. He found out about it when they she told them they had their interview scheduled and they both received it. Our dilemma now is that Mexico won’t grant a divorce because of course no legal marriage certificate. & common law marriage isn’t recognized in their state. At this point, I’m thinking we may have to start all over and file a waiver along with our application because of her stating they were married on the application when in fact they weren’t, they committed fraud, right? 
I mean there’s no remedy for that. Mexico law is Mexico law but it’s going to boil down to what they submitted on their initial visa application. 

There are no family/group applications for US tourist visas.  He is 100% responsible for the contents of all previous visa applications.

 

And yes, it likely is a material misrepresentation.

 
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