Eng Guek Kang - Page 11




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                    the determination is valid and that the                           
                    family relationship under foreign law is as                       
                    made or accepted at the time of entry. * * *                      
          This presumption may be overcome by a preponderance of evidence             
          showing that a living person other than the person named by the             
          U. S. Immigration and Naturalization Service is in the                      
          relationship in question.  Wash. Rev. Code sec. 5.44.140 (1995).            
               Respondent argues that the following evidence supports the             
          presumption of the validity of petitioners’ marital status:  (1)            
          Petitioners filed joint income tax returns for the years 1990               
          through 1993; (2) public records filed with the King County                 
          Recorder’s Office in 1994 and 1998 show that petitioners held               
          themselves out to the public as husband and wife; (3) Ms. Kang              
          was sponsored by Mr. Ngo’s brother, who is not her blood                    
          relative, thus alleging that the Immigration and Nnaturalization            
          Service believed petitioners were married upon immigrating to the           
          United States; and (4) Fong’s surname is that of Mr. Ngo even               
          though Mr. Ngo is not Fong’s biological father, thus evidencing             
          petitioners’ intent to hold themselves out to the public as a               
          family.  We find respondent’s arguments persuasive.                         
               Petitioners’ naked assertions that they were never married             
          are insufficient to overcome the presumption of the validity of             
          marriage.  Petitioners testified that due to their very poor                
          knowledge of English upon their arrival in 1989, they relied on             
          persons assisting them during the immigration process and the               






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