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Lovely Aquarius

Common law marriage

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    I was notified of an RFE yesterday by text. I called this morning to get more information and they have my fiance as being previously married (common law). They basically want proof that he is no longer in a marriage. The common law marriage was to his son mother. They are no longer living together. They haven't lived together for 2 years. Do I need him to go ahead a get the certificate of nonimpediment. Will that be sufficient proof that he has single and free to marry?

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1 hour ago, Lovely Aquarius said:

    I was notified of an RFE yesterday by text. I called this morning to get more information and they have my fiance as being previously married (common law). They basically want proof that he is no longer in a marriage. The common law marriage was to his son mother. They are no longer living together. They haven't lived together for 2 years. Do I need him to go ahead a get the certificate of nonimpediment. Will that be sufficient proof that he has single and free to marry?

He will need the certificate anyway.  It is a requirement for the K1 interview in JA

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Posted (edited)
7 hours ago, Lovely Aquarius said:

    I was notified of an RFE yesterday by text. I called this morning to get more information and they have my fiance as being previously married (common law). They basically want proof that he is no longer in a marriage. The common law marriage was to his son mother. They are no longer living together. They haven't lived together for 2 years. Do I need him to go ahead a get the certificate of nonimpediment. Will that be sufficient proof that he has single and free to marry?

You will need to consult a lawyer in JA.  To be deemed a common law marriage, they lived together for 5 years or more.  JA treats common law marriage just like regular marriage and if the relationship has been dissolved it is filed in court to be considered a legal separation.   His common law spouse can file for child support, alimony, and part of all property owned during the common law marriage.   

 

He cannot just say that he moved out and left 2 years ago.  

 

 

Edited by Pinkrlion

Phase I - IV - Completed the Immigration Journey 

 

 

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17 hours ago, Pinkrlion said:

You will need to consult a lawyer in JA.  To be deemed a common law marriage, they lived together for 5 years or more.  JA treats common law marriage just like regular marriage and if the relationship has been dissolved it is filed in court to be considered a legal separation.   His common law spouse can file for child support, alimony, and part of all property owned during the common law marriage.   

 

He cannot just say that he moved out and left 2 years ago.  

 

 

How does the government know that people are engaged in common law marriage?  Do they need to register their relationship with the gov't after a certain amount of years?

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2 hours ago, Jenny17655 said:

How does the government know that people are engaged in common law marriage?  Do they need to register their relationship with the gov't after a certain amount of years?

Apparently it's different in Jamaica. There was no engagement, ceremony, or registration though.

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Posted (edited)
19 minutes ago, Jenny17655 said:

So how does the embassy know?

In the past when he was still with his sons mother and still living together he applied for a visitors visa. He applied twice and was denied twice.  She applied once and was denied as well. He did list her as someone he lives with at the time. I'm sure she listed him as well. That's the only thing I can think of. I don't have the physical letter from Immigration as of yet.

Edited by Lovely Aquarius

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19 minutes ago, Jenny17655 said:

So how does the embassy know?

Any Information listed on DS-160 and stated at interview is in your permanent immigration file. It could have been 20 years ago, they still have the information. 


Phase I - IV - Completed the Immigration Journey 

 

 

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3 hours ago, Jenny17655 said:

How does the government know that people are engaged in common law marriage?  Do they need to register their relationship with the gov't after a certain amount of years?

Technically they are supposed to register, but a lot of times it is not revealed until common law spouse files for child support and part of the house and land. 


Phase I - IV - Completed the Immigration Journey 

 

 

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22 hours ago, Pinkrlion said:

You will need to consult a lawyer in JA.  To be deemed a common law marriage, they lived together for 5 years or more.  JA treats common law marriage just like regular marriage and if the relationship has been dissolved it is filed in court to be considered a legal separation.   His common law spouse can file for child support, alimony, and part of all property owned during the common law marriage.   

 

He cannot just say that he moved out and left 2 years ago.  

 

 

Thank you for this information. It's been really difficult trying to figure out what to do from here. 

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On 7/25/2019 at 2:05 PM, Pinkrlion said:

Technically they are supposed to register, but a lot of times it is not revealed until common law spouse files for child support and part of the house and land. 

Do you know if a common law relationship that was not registered and has been terminated is still considered legally binding?

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Moved from Progress Reports to Process & Procedures.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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On July 27, 2019 at 9:57 AM, Lovely Aquarius said:

Do you know if a common law relationship that was not registered and has been terminated is still considered legally binding?

That is why u need to consult a lawyer in JA


Phase I - IV - Completed the Immigration Journey 

 

 

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