Common Law Marriage - Mexico

[SalishSea 17,801]

10 minutes ago, DriMacias said:

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.

FOIA.

[SalishSea 17,801]

9 minutes ago, African Zealot said:

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.

In this situation it is pretty clear that "married" was the status listed on their visa applications.  Therefore, it follows that the DOS/USCIS wants to see evidence that that marriage was legally terminated prior to the current marriage, on which the immigration benefit is based.

 

It's not arrogance.  It is unfortunate that people keep listing "married" to try to increase their chances at a B visa.

[Allaboutwaiting 2,503]

5 minutes ago, Jorgedig said:

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.

That's exactly the main issue.

Proving the common law marriage was terminated is pretty easy -him being married now is actually proof of it-. Problem arises when in a previous visa application he stated he was married and on subsequent applications he didn't.

 

Now, the odd thing is that, if he entered the US on a K1, neither USCIS nor the consulate caught it during the process.

 

[K1visaHopeful 2,810]

So once upon a time, someone lied on a visa application and said they were legally married when they weren't and now you are reaping the "rewards" of it?

Trying to follow but having a hard time....

[SalishSea 17,801]

9 minutes ago, Allaboutwaiting said:

Now, the odd thing is that, if he entered the US on a K1, neither USCIS nor the consulate caught it during the process.

I hadn't noticed that.  If that is truly the case, how odd!  Normally that would have been caught earlier in the process....

[Allaboutwaiting 2,503]

1 minute ago, Jorgedig said:

I hadn't noticed that.  If that is truly the case, how odd!  Normally that would have been caught earlier in the process....

Absolutely, particularly by the consulate, considering it was a somewhat recent visa application.

[DriMacias 0]

41 minutes ago, Jorgedig said:

In this situation it is pretty clear that "married" was the status listed on their visa applications.  Therefore, it follows that the DOS/USCIS wants to see evidence that that marriage was legally terminated prior to the current marriage, on which the immigration benefit is based.

 

It's not arrogance.  It is unfortunate that people keep listing "married" to try to increase their chances at a B visa.

They didn’t list married because they weren’t she listed common law marriage. Which by Mexico law would fall under the concubinato status because at that point in time they had a child together. Automatically giving her concubinato status. The problem is common law is recognized here as a legal marriage and would require a divorce when in Mexico it would not. Concubinato status would end at any point that either party ended the relationship. That’s what we are having trouble explaining to immigration. 
 

He also came in on a Visitor Visa they were both of Mexican Nationality not K1. They also applied for there visas back in 2012 so they are close to expiring now. 
 

Obviously we wouldn’t have concealed a marriage if we’d known it would’ve been an issue, we didn’t just spend thousand of dollars on immigration and attorney fees so we would get denied. We both have a prior marriage and they have those divorce decrees but we honestly didn’t think they would be considered common law married since during their separation, he was never advised he actually had to get divorced in Mexico. Common law marriage isn’t recognized in his state in Mexico as for means of him needing to get a divorce. He was going through child support hearings well before we even married here in the States. Had he needed to get a divorce then he would have done that the same time he filed his child support. Didn’t even cross our mind that it would be an issue until we had our interview and it was brought up. 

 

There are more options that just Single, Married and Divorced on the application. 
 

 

Edited December 2, 2021 by DriMacias

[Allaboutwaiting 2,503]

17 minutes ago, DriMacias said:

They didn’t list married because they weren’t she listed common law marriage.
 

He also came in on a Visitor Visa they were both of Mexican Nationality not K1. They also applied for there visas back in 2012 so they are close to expiring now.

 

There are more options that just Single, Married and Divorced on the application. 
 

 

The DS-160 application from 2012 included just Married, Single, Widowed, Divorced and Legally Separated.

 

How did your husband enter the US and which status is he trying to adjust from?

Edited December 2, 2021 by Allaboutwaiting

[DriMacias 0]

10 minutes ago, Allaboutwaiting said:

The DS-160 application from 2012 included just Married, Single, Widowed, Divorced and Legally Separated.

 

How did your husband enter the US and which status is he trying to adjust from?

Visitor Visa and we are adjusting to get his green card marriage based. We now share a child together. He overstayed after we found out I was pregnant and it was when the borders closed due to COVID. So we had to file a waiver also. 
 

So if those were the only options in 2012 then she did state married when they were not and she keeps telling us otherwise. 
 

The only thing my husband say the can have that says married is that. He said even for jobs and other things like his driver license, etc he always listed Single. 

Edited December 2, 2021 by DriMacias

[Allaboutwaiting 2,503]

14 minutes ago, DriMacias said:

Visitor Visa and we are adjusting to get his green card marriage based. We now share a child together. He overstayed after we found out I was pregnant and it was when the borders closed due to COVID. So we had to file a waiver also. 
 

So if those were the only options in 2012 then she did state married when they were not. 

As other members of the forum stated, he signed the form, he attended the interview and obtained the tourist visa, so he is fully responsible of whatever information that application contained.

 

So the big issue is not proving termination of a common law marriage but misrepresentation on the AOS application.

 

Your option is proving that common law marriage was terminated instead of denying he was married and someone else lied on his application. Then, USCIS will decide if that is enough.

 

Btw, you posted in the wrong subforum as this is for K1 adjustment.

 

And what was the waiver for?

Edited December 2, 2021 by Allaboutwaiting

[aaron2020 11,651]

This is the classic Nigerian single but listed as married for a visitor visa and later wants to immigrate to the US but can't because he's missing a divorce decree.  This has never ended well, and not a single poster has ever return to report anything positive.

 

Your husband is completely responsible for the information in the visitor visa application as he went to the interview and swore the information in it was true to a US CO.   Even if he didn't read it or sign it, he's responsible since he swore at the interview that it was the truth.

 

This is not DIY.  You need a lawyer. 

Sorry, but this scenario has never had a single positive outcome in the many years I have been on VJ.

[powerpuff 6,680]

~ Moved from AOS K1/K3 to AOS work/student/tourist visas as OP is adjusting from tourist visa ~

[Cathi 5,746]

6 hours ago, aaron2020 said:

This is the classic Nigerian single but listed as married for a visitor visa and later wants to immigrate to the US but can't because he's missing a divorce decree.  This has never ended well, and not a single poster has ever return to report anything positive.

 

Your husband is completely responsible for the information in the visitor visa application as he went to the interview and swore the information in it was true to a US CO.   Even if he didn't read it or sign it, he's responsible since he swore at the interview that it was the truth.

 

This is not DIY.  You need a lawyer. 

Sorry, but this scenario has never had a single positive outcome in the many years I have been on VJ.

This. I have been on this forum for almost 10 years and I have never seen an approval with the same circumstances. Sorry to say but you may looking at a move to Mexico if you plan on staying together as a family. 

[Boiler 45,445]

For some reason I thought this was Consulate processing

 

Concubine status is not Common Law Marriage but that may be a moot point anyway, I wondered what the questions were back then.

 

Where is the GF and Children, they went back and he stayed here?

[Rocio0010 5,579]

If I remember correctly, there was a person from Mexico here in VJ with a very similar issue. I will see if I can find the thread. I believe the person is still active in VJ.