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Ethan G

Question about past relationship for fiance

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

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Ethan G Newbie

Ethan G   1

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Background: My Ugandan fiance has 3 children from a previous relationship. She never legally married the man (i.e. no marriage certificate), but they were considered married by the village (it was a local custom type situation). He passed away while she was still pregnant with her last child. I want to make sure I fill the form out correctly. FYI: My Ugandan lawyer interviewed her and confirmed she was never legally married, only cohabitating.

 

Question: Should I put Single or Widowed for her marital status? Should I put "Yes" or "No" for "Has your beneficiary ever been previously married?"

 

I could go either way on this...

 

Yes...she was informally married (not legally) and she has children to show for it (and he's on their birth certificates). The form doesn't seem to ask for a marriage certificate, so maybe USCIS doesn't care about the technical legal side. I can provide the death certificate of her previous partner, but without a marriage certificate, will that make sense to USCIS? Will they consider her widowed or never married?

 

No...she wasn't legally married and there's no marriage certificate. However, USCIS may wonder about the children and what her relationship is to the father. I can show with a death certificate that he died and their relationship is over.

 

Ultimately, I wonder if it will be confusing to USCIS if I put "Widowed" and answer "Yes" but have no marriage certificate to show, so I'm considering putting "Single" and "No" (which, according to my Ugandan lawyer, is the technical truth).

Edited by Ethan G
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Boiler Grand Master

Boiler   46,260

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Having children out of wedlock is hardly unknown.

“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.”

Pase2323 Apprentice

Pase2323   13

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Filed: K-1 Visa Country: Germany
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I am no lawyer but I think with this question uscis needs to know if the both of you are legally allowed to marry by law… like if she were legally married to her expartner she would need either the widower or divorce certificate so they know she’s isn’t already married by law since you can’t get married twice… does that make sense? 😅 I hope so… afterall kids out of legal marriage is nothing they don’t know and if you’re unsure i would write a letter and explain the situation but would probably go with no not married and single since it was nothing by law

Ethan G Newbie

Ethan G   1

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Yeah I will probably answer "Single" and "No", and then I can write a letter explaining the situation and include his death certificate. If they have questions, will they ask for more information, or will they simply deny the application and make me start over? I'm not sure how much preemptive info to include in the initial packet for the I-129F.

Boiler Grand Master

Boiler   46,260

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I have never heard of them asking for Boy Friends Death Certficates.

“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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Crazy Cat Grand Master

Crazy Cat   42,556

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23 minutes ago, Ethan G said:

and then I can write a letter explaining the situation and include his death certificate.

Bad idea.  Never give USCIS information they don't need.  Your question is a good one.  However, if you answer "Yes", USCIS will demand a formal document for termination of the marriage.  The attorney has already determined that she was never legally married.  Logically, the answer is "No", imo.

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Ethan G Newbie

Ethan G   1

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Ok I guess I'll just keep it simple and put "Single" / "No" and not complicate it by over-explaining (a tendency of mine). It's hard to know how much info is too much info vs not enough. I just don't want to slow the process down, but I don't wanna spend a bunch of money on a lawyer when I think I can figure it out myself with research and forums like this. 🤷‍♂️

Marieke H Proficient

Marieke H   2,524

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Don't overthink it, and just answer the questions. If they want to know more, they will ask. She was never legally married, so she is single. Her children were born out of wedlock. If she is asked if she has permission from the children's other parent to emigrate with the children, the death certificate may be helpful to show that she now has full custody.

TBoneTX Grand Master

TBoneTX   46,277

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The best protocol throughout the immigration process is to read accurately, interpret literally, and answer completely and honestly.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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