Common Law Marriage - Mexico

[Boiler 45,445]

The classic Nigerian Situation involves Consulate processing.

[Rocio0010 5,579]

I found it!Hope it helps

[Allaboutwaiting 2,503]

1 hour ago, ra0010 said:

I found it! Hope it helps

The case you shared was denied a K1 and successfully applied for a CR1.

OP's husband is adjusting from a tourist visa and such visa was granted considering him being married as a fact, so it is possible that the outcome in this specific case will be the opposite to the one you just shared.

[Rocio0010 5,579]

45 minutes ago, Allaboutwaiting said:

The case you shared was denied a K1 and successfully applied for a CR1.

OP's husband is adjusting from a tourist visa and such visa was granted considering him being married as a fact, so it is possible that the outcome in this specific case will be the opposite to the one you just shared.

I'm telling you, I need to stop logging on to VJ before my morning coffee lol.

Anyhow, I just though I would share in case it helped.

On to my second cup of coffee now. Be back soon 

[igoyougoduke 1,653]

3 hours ago, Allaboutwaiting said:

The case you shared was denied a K1 and successfully applied for a CR1.

OP's husband is adjusting from a tourist visa and such visa was granted considering him being married as a fact, so it is possible that the outcome in this specific case will be the opposite to the one you just shared.

aos cannot be approved cause USCIS thinks its bigamy at this point as the person is married to the person in mexico and that one in US. Material misrepresentation is also another issue here by his ex wife 

[DriMacias 0]

Whew! I did tons of research today....

As someone stated earlier, if the 2012 application only had Single, Married, Divorced and Separated. 

 

Didn't she actually answer correctly - married, since they would be presumed married (Common law / Mexico) due to having had a child together. Unless there actually was a common law option and she chose differently. Issue being that common law marriage in Mexico isn't legally binding; they didn't have a marriage certificate; so he can't file a divorce.

 

 

That forum that was posted earlier for reference had the exact scenario with the prior application dilemma. 

(That being said, she went to a Visa preparation firm in Morelia to fill out her application.  They interview you and fill out the forms for you.  Before you start in on me.... Yes; I know.  She signed it.  I'm not making excuses.  During the interview, they ask her "are you single"?  To which she responds "no; I've been living with my boyfriend for 5 years."  They select "married" and the interview continues.  To her way of thinking, she was definitely not single and the "experts" that she hired to fill out the forms for her presumably selected "married" with a working knowledge of common-law marriage customs there in Mexico.)

 

So far it looks like the only thing we can turn in for our RFE. 

1. Letter from our attorney in Mexico explaining Marriage Civil Code laws. 

2. Carta de Inexistencia - my husbands - This shows there's no active marriage & lists any prior marriages and divorces. 

3. We are waiting to hear back from our US attorney if it may benefit us to provide the letter mentioned above on his ex as well.

4. Proof of Child Support payments of the last two years.

 

He overstayed in 2019 after we met, that's what the waiver was for. 

His ex and children live in MX. 

 

Edited December 2, 2021 by DriMacias

[Boiler 45,445]

I know of nowhere you are presumed married

 

What matters is what he put down as his status if married then they will want to see he divorced before he remarried

 

Mexican records are irrelevant I doubt UK knows I married.

 

Assuming you are a USC he does not need a waiver for the over stay

Edited December 2, 2021 by Boiler

[Allaboutwaiting 2,503]

6 minutes ago, Boiler said:

Assuming you are a USC he does not need a waiver for the over stay

It seems he entered, overstayed, entered again and now is adjusting status.

[Boiler 45,445]

Just now, Allaboutwaiting said:

It seems he entered, overstayed, entered again and now is adjusting status.

With inspection? Missed that ouch

[Allaboutwaiting 2,503]

3 minutes ago, Boiler said:

With inspection? Missed that ouch

Yeah, with inspection, using the tourist visa approved under the idea he was married at the time.

[Boiler 45,445]

I looked back and could not see this he overstayed and then re entered his visa would have been voided by the original overstay 

[Rocio0010 5,579]

35 minutes ago, DriMacias said:

Carta de Inexistencia - my husbands - This shows there's no active marriage & lists any prior marriages and divorces. 

I think this has been mentioned before in the forum with some other cases. The thing is, that "carta" would only prove that he was not married in that particular place in Mexico. Proving a negative is very difficult.

[DriMacias 0]

He entered in 2019 when they split. And overstayed late 2019 when we met. He only entered once. 

[DriMacias 0]

1 minute ago, ra0010 said:

I think this has been mentioned before in the forum with some other cases. The thing is, that "carta" would only prove that he was not married in that particular place in Mexico. Proving a negative is very difficult.

Yes same thing I’m seeing in other forums I looked up today. I only came across one that did have a good outcome. I guess all we can do is hope for the best. I honestly don’t feel that she answered that married option with bad intentions. Once they had a child they would’ve been considered common law married. If single and married where the only options, I see where the mistake could have been made. They don’t fill out these applications personally. Which is beyond me. We had issues with a visa application for his daughter recently because they submitted it with tons of information missing and it was denied. 

[Rocio0010 5,579]

Just now, DriMacias said:

They don’t fill out these applications personally

But any time someone fills out an application for you, you have to read it and sign it. Signing it means that you agree that was is stated there is true...