- 10 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011