official marriage VS common law marriage

[tsap seui]

Hamp, your doin' good and clear thinkin' here. Cover them bases and take your time to make sure you've thought of everything. Honesty is paramount and it's clear you already understand that.

 

And I want to say WTF...not that it has anything to with answerin' yer post, I just like sayin' it. Slap me silly, and don't be makin' Darnell snap his head.

 

Good luck with the application!!!

 

tsap seui

[H.Woodside]

Hamp, your doin' good and clear thinkin' here. Cover them bases and take your time to make sure you've thought of everything. Honesty is paramount and it's clear you already understand that.

 

 

Thanks uncle Tsap, I know first hand how things "go to hell in a hand basket" when the GOV gets involved in our personal lives (of course, you are the last person that I need to tell that to)

 

I will just try and "fumble" my way through this and hope for the best

Edited May 30, 2008 by H.Woodside (see edit history)

[Sebastian]

OK - cool - I'm glad I was able to help you with that one data bit - the date of the divorce decree. IMO, preloading the file with that explanation up front (notarize it, why not?) will help your case tremendously - just be clear on the explanation of 'date of abandonment' , 'time span she lived as a single person' and 'date of divorce decree' .

 

Good Luck ! My apologies for the head snap, I had triggered on 'marriage certificate' where the real issue was 'date of divorce decree' instead. grrrrr.

[Randy W]

Honesty is the best policy. Verbosity is not. They need to know she's divorced, but a sentence about the common law marriage (and when) should be enough.

 

And, yes, that short period between the "divorce" and a new marriage may catch some notice - so an explanation there may help.

 

I hate to suggest this, but you might even consider waiting a bit before filing the I-129F Then again, I think we've had members who have done exactly what you're doing (filing immediately after a delayed divorce) (jim_julian)

[jim_julian]

Yep ... divorce granted August 19th, 129 filed September 6th

[H.Woodside]

Honesty is the best policy. Verbosity is not.

You are right Randy and I am a firm believer in the K.I.S.S. "principal", so that is what I will do, give the basic facts, a long drawn out account is liable to confuse somebody

[H.Woodside]

OK - cool - I'm glad I was able to help you with that one data bit - the date of the divorce decree. IMO, preloading the file with that explanation up front (notarize it, why not?) will help your case tremendously - just be clear on the explanation of 'date of abandonment' , 'time span she lived as a single person' and 'date of divorce decree' .

 

Good Luck ! My apologies for the head snap, I had triggered on 'marriage certificate' where the real issue was 'date of divorce decree' instead. grrrrr.

Will do, Darnell, the divorce decree has been translated and notorized in Harbin, so I will attach a copy of that with the explanation...and my Mom is a notory so I can have everything notorized if I want

 

And I hope your neck is okay.

Edited May 30, 2008 by H.Woodside (see edit history)

[H.Woodside]

"Thank you" to everyone for your thoughts, It is pretty clear what I have to do here, and without the CFL "brain trust" (seriously)!

I would still be thinking about it....again, "thanks a million"

[shyaushu]

I'm not sure this is relevant or not, but when my wife and I applied for her CR-1 ("DCF") visa , I knew my previous marriage to and divorce from a different Chinese national I had successfully sponsored, and our own subsequent fairly quick marriage (about three months later) would raise questions, if not eyebrows. So, I wrote a detailed letter explaining what happened with the first Chinese woman (death threats to me, abandonment of our marriage, a green card scam, etc.) and submitted it along with our other stuff.

 

This did not deter the US Consul from issuing a blue card following the interview. In addition to a couple of extra photos (us in front of our apartment!) they asked for the same information I had previously written and included in the initial application. I was trying to also be "proactive", but they either never read it or didn't believe it, I suppose. Anyway, it apparently didn't help much.

 

The first letter was computer printed and they specifically asked for a hand-written letter of explanation on the blue card, and also required that it be "certified" (easily done if you live next to a US Consulate or Embassy, complicated if you don't). So I would suggest a hand written letter, certified (maybe a notary can do that in the US).

 

The bottom line, of course, is that we did get the visa three months after the blue card, and we are actually off to the post office right now to pick it up, along with the US entry packet.

 

By-the-by, has anyone every pondered why the US Consulate sends the beneficiary's passport and visa to the post office? My take on it is a sweetheart deal between the Chinese and US governments, so that the Chinese "get a piece of the action" in granting Chinese nationals an immigration visa. It cost 20 Yuan to send it around the corner.

 

 

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

Edited May 31, 2008 by shyaushu (see edit history)

[credzba]

"Thank you" to everyone for your thoughts, It is pretty clear what I have to do here, and without the CFL "brain trust" (seriously)!

I would still be thinking about it....again, "thanks a million"

 

It looks like you have read here extensively, so you may know this. I will state just in case though.

 

In theory, anything approved by the USCIS and NVC can not be re-challenged in Guangzhou.

This means that it is important to make sure that you include anything like this that could cause problems with your original petition.

 

As Shyaushu says, they may not read it, and they may ask for it again. However, if you can reference documentation that is in your file, and already approved by USCIS/NVC then Guangzhou really has no legal footing.

Doesn't mean you wont have problems, but does mean you will win in the end.

[Randy W]

 

It looks like you have read here extensively, so you may know this. I will state just in case though.

 

In theory, anything approved by the USCIS and NVC can not be re-challenged in Guangzhou.

This means that it is important to make sure that you include anything like this that could cause problems with your original petition.

 

As Shyaushu says, they may not read it, and they may ask for it again. However, if you can reference documentation that is in your file, and already approved by USCIS/NVC then Guangzhou really has no legal footing.

Doesn't mean you wont have problems, but does mean you will win in the end.

 

 

This is pretty much why they issue the "Not a Valid Relationship" finding. It is not possible to challenge this finding by a VO.

 

GUZ is a legal entity in its own right which follows its own rules and poliicies (based on the 9FAM). No lawyer can do anything more than rely on good will from the consulate.

 

They are not going to haggle over anything that may or may not have been in the original petition.

 

You need to create the impression of a valid relationship, not present a legal case.

 

Yes, I'm a believer in front-loading the petition, as it's been called. Just watch the overall mood - that you're presenting a valid relationship - not challenging legal issues.l

[H.Woodside]

 

You need to create the impression of a valid relationship, not present a legal case.

 

Yes, I'm a believer in front-loading the petition, as it's been called. Just watch the overall mood - that you're presenting a valid relationship - not challenging legal issues.l

Yes absolutely, the "overall mood" is important, I think just the facts will suffice. I also agree that the main goal is to show a valid relationship, however I don't think anyone would argue that this is not something that should be delt with up front....

[warpedbored]

I agree with Randy. I wouldn't give them more to think about. You are presenting a legal petition. There is no rule or law that says you can't file an I-129F a month after a divorce. IMO trying to explain it before it becomes an issue makes it an issue and will most likely result in a blue slip. I wouldn't mention it but I would be prepared to explain it at the interview. It isn't all that uncommon for people to not bother with a divorce after a relationship has ended.

[H.Woodside]

I agree with Randy. I wouldn't give them more to think about. You are presenting a legal petition. There is no rule or law that says you can't file an I-129F a month after a divorce. IMO trying to explain it before it becomes an issue makes it an issue and will most likely result in a blue slip. I wouldn't mention it but I would be prepared to explain it at the interview. It isn't all that uncommon for people to not bother with a divorce after a relationship has ended.

With all due respect, my biggest concern is being truthful on my application. Has the benificiary ever been married?

Well it would seem that she has...so yes.

I tend to think a little info up front may eliminate a blue slip, on this matter anyway.

[H.Woodside]

I have read extensivly through Immigration attorney's papers and what not, and one thing they seem to all agree on, is that anything that is liable to through up a "red flag" at the Consulate, should be adressed in the original petiton, so it becomes a "non issue" later down the road........This issue WILL come up eventualy, and I would prefer to give an explanation NOW (when there is more "control", if you will, as to later, I have seen how GUZ tends to opperate).

 

Maybe I am a fool, but, after all, it is my A$$ that's on the line.