Im screwed

[Guest pushbrk]

From the link:

 

Among those states that permit a common-law marriage to be contracted, the elements of a common-law marriage vary slightly from state to state. The indispensable elements are (1) cohabitation and (2) "holding out." "Holding out" means that the parties tell the world that they are husband and wife through their conduct, such as the woman's assumption of the man's surname, filing a joint federal income tax return, etc.

 

By this, the marriage was "contracted" when she (the ex) made him (her "husband") her beneficiary. UNLESS - he was added simply as a beneficiary, and no mention was made of marriage until she had to get him off.

 

What I'm thinking is that he was added as either a "husband", or as a friend. And then a life-changing event was needed to get him off, so she came up with the idea of a divorce.

 

So is it possible that the only time they were represented as a married couple was for the divorce?

 

This is complicated!!

233484[/snapback]

you mean The World according to USCIS...

 

to the state of colorado, they were married.. uh..when married...

 

Interesting to note that the federal taxes would possibly have accepted them as married...

 

Wonder how they filed taxes?

 

I feel if I am batting even .200 on this thread.. I'd be happily embarrassed..

233493[/snapback]

To my understanding from talking to Steve, the only "representation" was her reference to him as her spouse in the 401k and life insurance benificiary designations. Changing beneficiary for life insurance is not a problem. Removing a spouse as benificiary on a 401k requires a signature from the spouse or a divorce decree that orders/approves the removal.

 

It's a mess alright.

[frank1538]

It seems to me that there are too many apples and oranges in this basket.

 

Putting aside for the moment whether the marriage in China is recognized in China, I tend to view this mess as one where it is necessary to determine whether the first (US "marriage") is recognized for immigration purposes. Although it appears that the OP is dealing with USCIS filings, the FAM ( http://foia.state.gov/masterdocs/09fam/094...ined%20FAM' ) does provide some guidance on whether a common law marriage will be recognized. The applicable provisions of the FAM state:

 

"...In the absence of a marriage certificate, an official verification, or a legal brief verifying full marital rights, the Board of Immigration Appeals has established that a common law marriage or cohabitation is considered to be a ¡°valid marriage¡± for purposes of administering the U.S. immigration law only if:

(1) It bestows all of the same legal rights and duties possessed by partners in a lawfully contracted marriage; and

(2) Local laws recognize such cohabitation as being fully equivalent in every respect to a traditional legal marriage, i.e;

(a ) The relationship can only be terminated by divorce;

(b ) There is a potential right to alimony;

(c ) There is a right to intestate distribution of an estate; and

(d ) There is a right of custody, if there are children.

 

If it is concluded that the Colorado common law marriage passes muster under these criteria, I want to say that the common law marriage is just as valid as a marriage that is documented in a state's marriage certificate.

 

Personally, I tend to agree with others that the parties claimed to be married in order to secure benefits available only to a spouse. While I pass no judgement on this, doing so is likely one of the factors that helps to satisfy the "holding themselves out as husband and wife" requirement for a common law marriage to be recognized at the state level.

 

If the common law marriage is recognized as valid, then it would follow that the marriage in China does not produce a "spouse" for immigration purposes. Even if the marriage in China is deemed valid, the FAM addresses this by stating that polygamous marriages, cannot be recognized for immigration purposes even if legal in the place of marriage celebration. In such cases, it is the first marriage that immigration will acknowledge.

 

Yep, I agree it's a mess.

[claves66]

From the link:

 

Among those states that permit a common-law marriage to be contracted, the elements of a common-law marriage vary slightly from state to state. The indispensable elements are (1) cohabitation and (2) "holding out." "Holding out" means that the parties tell the world that they are husband and wife through their conduct, such as the woman's assumption of the man's surname, filing a joint federal income tax return, etc.

 

By this, the marriage was "contracted" when she (the ex) made him (her "husband") her beneficiary. UNLESS - he was added simply as a beneficiary, and no mention was made of marriage until she had to get him off.

 

What I'm thinking is that he was added as either a "husband", or as a friend. And then a life-changing event was needed to get him off, so she came up with the idea of a divorce.

 

So is it possible that the only time they were represented as a married couple was for the divorce?

 

This is complicated!!

233484[/snapback]

you mean The World according to USCIS...

 

to the state of colorado, they were married.. uh..when married...

 

Interesting to note that the federal taxes would possibly have accepted them as married...

 

Wonder how they filed taxes?

 

I feel if I am batting even .200 on this thread.. I'd be happily embarrassed..

233493[/snapback]

Filed seperatly. Thank-you for all that you guys are doing. I can see the gears turning.

 

At this point this is the way I see it.

My life is hanging on the case worker who gets my case. If this person is in a good mood. I can see my wife. If this person is in a bad mood I don't. Would you bet your life on a US government worker? The thing that drive me insane is I get one person that says oh it should be no issue lets just make it a "typo". An other person that says "you were unable to marry so yu are not married"

 

If I get denied I add 6 months to a year to our wait? I am not one for relying on a persons mood. There does not seem to be any way to "read" on what will happen. So with that being said. If I get denied what happens? If I with draw the petition how do I fix the marriage date? When I re-file I tell them of the divorce. What are the god and bad points to these senarios?

 

So I think applying logic to this situation and trying to guess what will happen with a case workers day is silly.

 

1. Risk shutting up and waiting to see if the petitions are both approved. If they are, I don't really see problems down the road. The I-130 is really iffy though. If there was a way to get an early indication from USCIS on how they would deal with such a case, I'd get on it.

 

What could happen in this case?

 

2. Withdraw both petitions. Get the marriage date adjusted and new certificate of marriage and start again.

 

Safer. what could happen? How do I pull my petition? How do I get a new date of my marriage.

 

Anyone looking for a technical sales guy that is familiar with IBM products in china? Cause my wife is far more important than anything here in this country? Also it would give me a chance to learn Chinese?

 

Oh and if you want to bet something odd will happen to anyone on this board I would put safe money on my ass. No long shot here. Hmm wonder what I could get for my house? Hardwood floors good view....

Edited July 25, 2006 by claves66 (see edit history)

[claves66]

Never have I seen some many intelligent people work so hard on something. Must say everyday I am impressed with this board. I hope I can give back as much as I have received. (where is the damm spell check botton?) Gee how nice would it be to be able to call someone and find out?

Edited July 25, 2006 by claves66 (see edit history)

[david_dawei]

In such cases, it is the first marriage that immigration will acknowledge.

 

Yep, I agree it's a mess.

233527[/snapback]

acknowledge as now divorced

Edited July 25, 2006 by DavidZixuan (see edit history)

[claves66]

In such cases, it is the first marriage that immigration will acknowledge.

 

Yep, I agree it's a mess.

233527[/snapback]

acknowledge as now divorced

233542[/snapback]

So

 

2. Withdraw both petitions. Get the marriage date adjusted and new certificate of marriage and start again.

 

Sounds like this is the best option so far.

 

Any Votes?

 

Safer. what could happen?

How do I pull my petition?

How do I get a new date of my marriage. Think someone is looking for this.

 

I also asked SmilingAsia for her help.

Thanks once again to all of you.

 

Close second? Or distant?

 

1. Risk shutting up and waiting to see if the petitions are both approved. If they are, I don't really see problems down the road. The I-130 is really iffy though. If there was a way to get an early indication from USCIS on how they would deal with such a case, I'd get on it.

[LeeFisher3]

There was some advice given to another member concerning an overlap issue. The date of the marriage in China can be adjusted to work with the divorce paperwork or so King advised. Hopefully this will help.

 

Be cautious about withdrawing a petition, try to provide corrected information if possible. It can be much less traumatic.

 

What can I expect from my K1 application?

 

I called the Attorney named "King" office in Guangzhou, China. Talked to a very nice man. And He informed me that I could never get my wife here on a K1 visa. That I would have to go back to china to the office we were married at. And make the paperworks right. He told me that they would not remove our marriage in China from her records. But they would change the date of marriage. That I should get a letter from my divorce lawyer to help explain what had happened.

[claves66]

There was some advice given to another member concerning an overlap issue. The date of the marriage in China can be adjusted to work with the divorce paperwork or so King advised. Hopefully this will help.

 

Be cautious about withdrawing a petition, try to provide corrected information if possible. It can be much less traumatic.

 

What can I expect from my K1 application?

 

I called the Attorney named "King" office in Guangzhou, China. Talked to a very nice man. And He informed me that I could never get my wife here on a K1 visa. That I would have to go back to china to the office we were married at. And make the paperworks right. He told me that they would not remove our marriage in China from her records. But they would change the date of marriage. That I should get a letter from my divorce lawyer to help explain what had happened.

233556[/snapback]

Ok you are going to have to explain the last part. I am new so break me in slow.... And remember I am an IDIOT. I have a post from a woman on the board to prove it. Wife wil think so also when I tell her we need to "change" the date we got married. (can't wait for that conversation) Do the Chinese understand "Common Law" stupidity?

[Guest pushbrk]

There was some advice given to another member concerning an overlap issue. The date of the marriage in China can be adjusted to work with the divorce paperwork or so King advised. Hopefully this will help.

 

Be cautious about withdrawing a petition, try to provide corrected information if possible. It can be much less traumatic.

 

What can I expect from my K1 application?

 

I called the Attorney named "King" office in Guangzhou, China. Talked to a very nice man. And He informed me that I could never get my wife here on a K1 visa. That I would have to go back to china to the office we were married at. And make the paperworks right. He told me that they would not remove our marriage in China from her records. But they would change the date of marriage. That I should get a letter from my divorce lawyer to help explain what had happened.

233556[/snapback]

Ok you are going to have to explain the last part. I am new so break me in slow.... And remember I am an IDIOT. I have a post from a woman on the board to prove it. Wife wil think so also when I tell her we need to "change" the date we got married. (can't wait for that conversation) Do the Chinese understand "Common Law" stupidity?

233559[/snapback]

Steve,

 

This is the thread and post I mentioned on the phone but couldn't find. The man in King's office indicated that with a proper explanation (That might require you to hire an attorney to write it.) the marriage to foreigner office would change the marriage date and issue a new certificate. The circumstances of the case were somewhat different but similar in that the marriage Certificate from China preceded the date on the divorce papers. They solved the problem of dates in the US because it was a court or attorney screw-up, so ended up not adjusting the date of the marriage in China. The post simply indicates it CAN be done, if needed.

 

Perhaps Smilingasia or your contacts in Guangzhou can research the how and tell you what is needed from your end. Once you have the new certificate dated after the divorce decree you can start filing again. IF you choose that option, of course.

[claves66]

There was some advice given to another member concerning an overlap issue. The date of the marriage in China can be adjusted to work with the divorce paperwork or so King advised. Hopefully this will help.

 

Be cautious about withdrawing a petition, try to provide corrected information if possible. It can be much less traumatic.

 

What can I expect from my K1 application?

 

I called the Attorney named "King" office in Guangzhou, China. Talked to a very nice man. And He informed me that I could never get my wife here on a K1 visa. That I would have to go back to china to the office we were married at. And make the paperworks right. He told me that they would not remove our marriage in China from her records. But they would change the date of marriage. That I should get a letter from my divorce lawyer to help explain what had happened.

233556[/snapback]

Ok you are going to have to explain the last part. I am new so break me in slow.... And remember I am an IDIOT. I have a post from a woman on the board to prove it. Wife wil think so also when I tell her we need to "change" the date we got married. (can't wait for that conversation) Do the Chinese understand "Common Law" stupidity?

233559[/snapback]

Steve,

 

This is the thread and post I mentioned on the phone but couldn't find. The man in King's office indicated that with a proper explanation (That might require you to hire an attorney to write it.) the marriage to foreigner office would change the marriage date and issue a new certificate. The circumstances of the case were somewhat different but similar in that the marriage Certificate from China preceded the date on the divorce papers. They solved the problem of dates in the US because it was a court or attorney screw-up, so ended up not adjusting the date of the marriage in China. The post simply indicates it CAN be done, if needed.

 

Perhaps Smilingasia or your contacts in Guangzhou can research the how and tell you what is needed from your end. Once you have the new certificate dated after the divorce decree you can start filing again. IF you choose that option, of course.

233563[/snapback]

I am waiting for her to call me back. Lee was kind enough to send me a link with Kings address and such. Lee suggestion, if I got this right was maybe to just fix the dates in China, and then fix the i-130/129? Thoughts? I was about to call King and ask. Maybe one of you fine gents would become my lawyer to get this into him? Takers?

[claves66]

There was some advice given to another member concerning an overlap issue. The date of the marriage in China can be adjusted to work with the divorce paperwork or so King advised. Hopefully this will help.

 

Be cautious about withdrawing a petition, try to provide corrected information if possible. It can be much less traumatic.

 

What can I expect from my K1 application?

 

I called the Attorney named "King" office in Guangzhou, China. Talked to a very nice man. And He informed me that I could never get my wife here on a K1 visa. That I would have to go back to china to the office we were married at. And make the paperworks right. He told me that they would not remove our marriage in China from her records. But they would change the date of marriage. That I should get a letter from my divorce lawyer to help explain what had happened.

233556[/snapback]

Ok you are going to have to explain the last part. I am new so break me in slow.... And remember I am an IDIOT. I have a post from a woman on the board to prove it. Wife wil think so also when I tell her we need to "change" the date we got married. (can't wait for that conversation) Do the Chinese understand "Common Law" stupidity?

233559[/snapback]

Steve,

 

This is the thread and post I mentioned on the phone but couldn't find. The man in King's office indicated that with a proper explanation (That might require you to hire an attorney to write it.) the marriage to foreigner office would change the marriage date and issue a new certificate. The circumstances of the case were somewhat different but similar in that the marriage Certificate from China preceded the date on the divorce papers. They solved the problem of dates in the US because it was a court or attorney screw-up, so ended up not adjusting the date of the marriage in China. The post simply indicates it CAN be done, if needed.

 

Perhaps Smilingasia or your contacts in Guangzhou can research the how and tell you what is needed from your end. Once you have the new certificate dated after the divorce decree you can start filing again. IF you choose that option, of course.

233563[/snapback]

I am waiting for her to call me back. Lee was kind enough to send me a link with Kings address and such. Lee suggestion, if I got this right was maybe to just fix the dates in China, and then fix the i-130/129? Thoughts? I was about to call King and ask. Maybe one of you fine gents would become my lawyer to get this into him? Takers?

233564[/snapback]

Ok I spoke to King. Suggestion was I find out if the CHinese marriage was still valid. He is going to have a Chinese lawyer contact me to sort this out. If we are not married. We get married, Again... Thought I was not going to get married but once. (guess I will have to make an exception, the wife is well worth it) {hmm should also think about removing the for sale sign on the truck/house/and dog for a little while.}

Edited July 25, 2006 by claves66 (see edit history)

[Jali]

For what it's worth, I think you are doing the right thing. Ignoring it would be very unlikely to work, I feel, because they are sure to compare the divorce date on the decree with the marriage date in China. At that point, I doubt it will matter that the computer contains a note saying the marriage was only commonlaw, I know a lot of government workers and they typically go by hard copy paper over a small computer note nearly 100% of the time. Even if it did somehow go through, doesn't all of this paperwork get forwarded to the VO? Imagine the VO's reaction when seeing these date discrepancies... I don't think mood would have anything to do with their denial.

[Juette]

It sounds to me, based on Pushbrk's new info, that Clave's 66 may still be able to dodge this bullet.

 

Clave, just never mention this common law marriage or it's divorce decree again.

[claves66]

It sounds to me, based on Pushbrk's new info, that Clave's 66 may still be able to dodge this bullet. 

 

Clave, just never mention this common law marriage or it's divorce decree again. 

233647[/snapback]

It is a divorce decree from a common law marriage....

[david_dawei]

if I got this right was maybe to just fix the dates in China, and then fix the i-130/129? Thoughts? 

233564[/snapback]

that would seem logical...

 

Tricky timing since the I-130 is still under USCIS review; and the I-129F is already at NVC... and who knows if they make a new decision before you've done anything...