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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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