K1 Visa 129-F Denial -- Next Steps?

[HRQX 4,145]

2 hours ago, JAC&MEH said:

You'll have to run it through a translator unless you know Spanish but this may be the document that I am needing.

I don't see a field for the date it ended.

 

The "Asimismo, declaramos que hemos vivido juntos en común, en forma constante y permanente por un período de ___ años" part seems to indicate that it's for couples that are still currently in a concubinato. But it does say "Cesación de Concubinato." So you might be lucky.

Edited November 9, 2019 by HRQX

[JAC&MEH 34]

8 hours ago, Sarah Jean-Paul said:

Obtain the court document to show the date that her common law marriage ended. Have her and the guy sign it and have it certified by a judge. Then go there and just get married and then file the spousal visa.

That all sounds good but when I submit the I-130, it’s going to ask for previous marriages and will require me to produce proof that all of her previous marriages were terminated - no different than with the K1.  Will they accept this certified document in leu of an actual divorce decree?

[Villanelle 4,121]

1 hour ago, JAC&MEH said:

That all sounds good but when I submit the I-130, it’s going to ask for previous marriages and will require me to produce proof that all of her previous marriages were terminated - no different than with the K1.  Will they accept this certified document in leu of an actual divorce decree?

Every jurisdiction has different forms and different terms used. Check here- https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Mexico.html You will need something that meets the requirements outlined which looks to be something from the Civil Registry. The form you linked looks to be the right one. So either contact an attny there for help or contact the Civil Registry directly to see if this is something you can do w/o an attny. 

Divorce Certificates

Available

Fees:  The fees for this document vary by state.

Document Name:  Acta de Divorcio

Issuing Authority: Civil Registry (Registro Civil)

Special Seal(s) / Color / Format: Seal and signature from Registro Civil, varies by state and by the year when the document was issued

Issuing Authority Personnel Title:  Civil Registry Officer (titles may include: Oficial, Coordinador General, Director, or Jefe de Archivo Estatal del Registro Civil)

Registration Criteria:  Presentation of the family court’s decree for registration of this document at the Civil Registry.  Exception, if the married couple is over the age of 18 years old, childless, and is in mutual agreement to divorce, they may file for an administrative divorce at the Civil Registry and no family court decree is necessary.

Procedure for Obtaining:  The procedures for obtaining vary by state.

Certified Copies Available: Certified copies are available

Alternate Documents: Divorce certificates are available in all states and may be obtained at the Civil Registry Office. Marriage Certificates with an annotation noting divorce are obtainable in some states and are also acceptable proof of marriage termination.  Some states may also make annotations on birth certificates which list the marriages and divorces.

Exceptions:  None

Comments: None

[JAC&MEH 34]

Do you think they will have a problem with the document since it is not called an “Acta  de Divorcio”?   It appears to meet all of the other requirements.  I’m just not sure how picky they are. It will clearly show her ex’s name and information which will be consistent with her previous visitor visa application.  It should suffice as proof that the common-law marriage has been terminated.  

[Villanelle 4,121]

I believe as long as it comes from the Civil Registry it should be fine. I suppose one could argue that technically its not a 'divorce' as it was never a 'civil marriage' but rather the term "concubinato relationship" (common law marriage) and termination of concubinato status. That situation is not specifically listed on the chart.  The only other thing I wonder about is if they are going to be able to get it terminated w/o first having to have registered it! But who knows. Start with the Civil Registry and see how to get a termination rolling, if it requires it to be registered first then register it. 

[JAC&MEH 34]

Well the form provides a place to put the date when it started and when it ended so I’m hoping not.  We’ll know more tomorrow.  I’m meeting with my attorney here and her ex is meeting with an attorney there in Mexico.  
 

Assuming I can get this document, do you think we should appeal the K1 denial, reapply for a K1, or go the I-130 route for the CR1?

[Boiler 43,437]

What would be the basis of an appeal? Any Divorce would be dated after the prior application.

[JAC&MEH 34]

1 hour ago, Boiler said:

What would be the basis of an appeal? Any Divorce would be dated after the prior application.

If we use the form that documents the establishment and dissolution of the common law marriage, the form has a place to notate the end of this marriage which would be back in 2017 which is before the I-128F was filed.

[Villanelle 4,121]

There are many posts on VJ outlining the advantages/disadvantages between K and CR. The main one being the CRs ability to work upon entry vs the K having months of downtime with no job or DL. 

 

Im also going to agree an appeal is not going to work- unless the document you get from the court is back dated. Typically courts do not back date stuff. With courts its usually effective (todays) date. Because this is an odd form for a common law marriage in Mexico I really have no idea if backdating it is possible but again I would expect the language on it to read along the lines of acknowledging the relationship ended in '17 and we rule such as of effective today its terminated. You would really have to see the actual document of termination you get, but most likely it wont be backdated as being in effect as of '17. 

[Boiler 43,437]

Also never heard of a divorce being backdated.

[JAC&MEH 34]

39 minutes ago, Villanelle said:

There are many posts on VJ outlining the advantages/disadvantages between K and CR. The main one being the CRs ability to work upon entry vs the K having months of downtime with no job or DL. 

 

Im also going to agree an appeal is not going to work- unless the document you get from the court is back dated. Typically courts do not back date stuff. With courts its usually effective (todays) date. Because this is an odd form for a common law marriage in Mexico I really have no idea if backdating it is possible but again I would expect the language on it to read along the lines of acknowledging the relationship ended in '17 and we rule such as of effective today its terminated. You would really have to see the actual document of termination you get, but most likely it wont be backdated as being in effect as of '17. 

Well it sounds like the consensus is that there is no need to go the appeal route.  What really is the time difference between the K1 and the CR1 nowadays.  I just wanted to be with my fiancée ASAP.  She has no way to visit me and I travel down there as I often as I can but it’s still hard. 

[AnneA 72]

It's not exactly the same but just a suggestion. We got RFE for my Danish divorce decree. We had submitted civil status, name certificates all notarized and stating that I was single. My divorce decree is an email and not signed since it's not used in Denmark anymore. Once the divorce is final and usually not even in court as you can do it yourself online it will be registred and that's it. I went to a judge who wrote a letter explaining that and that did the trick ... so far for the K1 guess we'll have to go through it again at AOS but we'll send the letter too.

[JAC&MEH 34]

44 minutes ago, AnneA said:

It's not exactly the same but just a suggestion. We got RFE for my Danish divorce decree. We had submitted civil status, name certificates all notarized and stating that I was single. My divorce decree is an email and not signed since it's not used in Denmark anymore. Once the divorce is final and usually not even in court as you can do it yourself online it will be registred and that's it. I went to a judge who wrote a letter explaining that and that did the trick ... so far for the K1 guess we'll have to go through it again at AOS but we'll send the letter too.

Thanks for sharing your suggestion!  It is good to know that that has worked for your RFE.  I think our problem was trying to prove she was eligible to marry based upon a Single Status Certificate as opposed to addressing the actual termination of the common-law marriage.  Since it was not clear to us how to obtain proof of the termination of a common-law marriage, we tried the Single Status approach which has appeared to work for some people on the forum in similar situations.

[AnneA 72]

3 minutes ago, JAC&MEH said:

Thanks for sharing your suggestion!  It is good to know that that has worked for your RFE.  I think our problem was trying to prove she was eligible to marry based upon a Single Status Certificate as opposed to addressing the actual termination of the common-law marriage.  Since it was not clear to us how to obtain proof of the termination of a common-law marriage, we tried the Single Status approach which has appeared to work for some people on the forum in similar situations.

Yes I get that. My problem was/is to show a document that doesn't excist anymore .. an email is not enough .. having a judge write that worked. In your case maybe go to a judge with the ex. Get a letter stating start and end of relationship, circumstance regarding common law etc. 

[JAC&MEH 34]

One more question....  We've decided to go the I-130 route but I was wondering if I need to send a withdrawal letter to the USCIS before we submit the I-130 petition?