official marriage VS common law marriage

[H.Woodside]

My SO has spent the last two weeks getting all of her paperwork in order for our application. She was never officially married to her boy's father, but the civil office in Harbin told her that since they lived together for many years, it was concidered an actual marriage, so they issued here with a divorce certificate.

I would appreciate any thoughts on how to present this on our application.

I assume that we should state that she was previously married since she has an official divorce cert.

Thanks in advance

 

Hamp

[Randy W]

A marriage, and a divorce. While it may or may not show up anywhere else (in Chinese records), why not be consistent?

[carl.hops]

I would simply write a letter explaining this as you have with us and have it noterized, maybe even have the office who issued the devorce cert write a letter. Make it clear to them, better not to leave them geussing right?

[Randy W]

I would simply write a letter explaining this as you have with us and have it noterized, maybe even have the office who issued the devorce cert write a letter. Make it clear to them, better not to leave them geussing right?

 

Sometimes a letter like this can raise a question where there is none. All they need to show is that she is NOT married. If the marriage shows up anywhere, they need the divorce certification.

[H.Woodside]

 

Sometimes a letter like this can raise a question where there is none. All they need to show is that she is NOT married. If the marriage shows up anywhere, they need the divorce certification.

Right, a real potential "tempest in a tea pot".

I guess that since this divorce certificate was issued (along with a free to marry), I will state on the application that she was previously married, list his name and use the date that he left her and thier son as the date of divorce.

 

I think trying to write up a lengthly explanation up front would probably cause more problems than anything.

[Sebastian]

Wait a moment -

You need a copy of a marriage certificate? Are you sure ?

 

I thought all you needed was certified translation of the DIVORCE certificate.

 

WTF ? Headsnap, even.

[Randy W]

Wait a moment -

You need a copy of a marriage certificate? Are you sure ?

 

I thought all you needed was certified translation of the DIVORCE certificate.

 

WTF ? Headsnap, even.

 

 

Why ??!? What are you reading?

[H.Woodside]

Wait a moment -

You need a copy of a marriage certificate? Are you sure ?

 

I thought all you needed was certified translation of the DIVORCE certificate.

 

WTF ? Headsnap, even.

There is no marriage certificate to begin with, but we have a divorce cert. so WTF is right

[H.Woodside]

Here is another angle, I would hate for some desk jocky at USCIS to say that I provided false info. on my application.....what a can of worms.

[Sebastian]

Oh - is there any huge time gap between the 'date he left her' and the 'date the divorce was granted' ? I would look at the divorce date, try to find something that smells. If no smell, then you should be fine.

[H.Woodside]

Oh - is there any huge time gap between the 'date he left her' and the 'date the divorce was granted' ? I would look at the divorce date, try to find something that smells. If no smell, then you should be fine.

Yeah, about fourteen years, the divorce to the marriage that never was, was granted last week.

As far as smell, the whole thing smells like trouble to me.

[warpedbored]

Sounds like China is similar to many states in the US. If you cohabitate and have a child together you are common law married. A divorce decree is needed. Since she didn't get the divorce when he left her then the actual date of the divorce will be the date on the decree. That is what you need to put on the papers. This will likely raise a red flag for the VO. Be prepared to explain. They may also issue a blue slip wanting to know the ex's where abouts. Bottom line is the golden rule for the immigration process. NEVER EVER EVER LIE TO THE USCIS. It is what it is and you can't change it even if you do disagree with China that she was married.

[H.Woodside]

Sounds like China is similar to many states in the US. If you cohabitate and have a child together you are common law married. A divorce decree is needed. Since she didn't get the divorce when he left her then the actual date of the divorce will be the date on the decree. That is what you need to put on the papers. This will likely raise a red flag for the VO. Be prepared to explain. They may also issue a blue slip wanting to know the ex's where abouts. Bottom line is the golden rule for the immigration process. NEVER EVER EVER LIE TO THE USCIS. It is what it is and you can't change it even if you do disagree with China that she was married.

I have no intention of lying to the USCIS, and it sounds like to me that maybe I am better off being proactive and explaining this decree time lapse up front with my original application so that it is something that the USCIS knows about all along, thatway the folks at GUZ can't say that it is new info....what do you think?

[carl.hops]

Exactly what I was suggesting, honesty. You arnt trying to hide anything, so why not tell them? Better that then them finding out at the interview.

 

When lei got her passport at the local police station she found that her given name was spelled wrong in their records. We adressed this issue before it became a problem by adding a supplementry document in our I-129F explaining what she found and that she had it changed ( regarding the question of name change ) in retrospect that probably was the cause in our petition taking a month longer but the petition was accepted and she also passed the name check during NVC's processing. I dont suspect we will have any problems with this, maybe a question during the interview, that is better than a denial or hold up in processing because they saw a name change.

 

Sounds like China is similar to many states in the US. If you cohabitate and have a child together you are common law married. A divorce decree is needed. Since she didn't get the divorce when he left her then the actual date of the divorce will be the date on the decree. That is what you need to put on the papers. This will likely raise a red flag for the VO. Be prepared to explain. They may also issue a blue slip wanting to know the ex's where abouts. Bottom line is the golden rule for the immigration process. NEVER EVER EVER LIE TO THE USCIS. It is what it is and you can't change it even if you do disagree with China that she was married.

[H.Woodside]

Exactly what I was suggesting, honesty. You arnt trying to hide anything, so why not tell them? Better that then them finding out at the interview.

 

You are absolutely right and so is warpedboard. The minute the VO sees a "fresh" divorce (on paper anyway) there would be no end to the RFE's and holdups caused because this was not mentioned up front, in fact it is possible grounds for a flat out NOID.

 

Fresh divorce + I129f filing a month later = NOID

 

I can easily see how they would think something "fishy" was going on, so I will send an attatchment explaining the situation with my initial application so the USCIS can ponder it here in the states instead of in GUZ....the less GUZ has to think about it the better