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In re _______ [The Case of the Missing First Husband]

2007 Immig. Rptr. LEXIS 13177 (2007)

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In re _______ [The Case of the Missing First Husband]

Administrative Appeals Office

2007 Immig. Rptr. LEXIS 13177 (2007)

Facts

The petitioner (plaintiff) was a naturalized citizen of the United States. The petitioner was married to a man who she claimed had died during the civil war in Afghanistan in 1985. However, the petitioner did not have a death certificate for her husband. The petitioner presented evidence that such documentation was not typically provided by the government of Afghanistan. Documentation for death during the Afghanistan civil war could sometimes be obtained retroactively by relatives who visited the appropriate government office with witnesses. At the time of this case, the petitioner’s fiancé (beneficiary) was a native and citizen of Pakistan. The petitioner filed a petition on behalf of the beneficiary to classify him as a fiancé of a United States citizen, pursuant to the Immigration and Nationality Act (INA). The only evidence that the petitioner provided that her previous husband had passed away was an affidavit from the petitioner herself. The petition was denied. The petitioner appealed the decision.

Rule of Law

Issue

Holding and Reasoning

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