## Facts

- A naturalized U.S. citizen petitioner, originally from Afghanistan, filed Form I-129F to classify a Pakistani citizen as her K-1 fiancé.
- The petitioner reported a prior marriage in Afghanistan and asserted her first husband died in 1985 during the Afghan civil war.
- The petitioner did not submit a death certificate or other official record showing the first husband’s death.
- The petitioner asserted that death certificates were typically not issued for war deaths in Afghanistan.
- Information in the record indicated that proof of war deaths could sometimes be obtained retroactively through governmental processes with witnesses.
- To show termination of the prior marriage, the petitioner submitted only her own affidavit attesting to the first husband’s death, without independent corroboration.
- USCIS denied the petition for failure to establish that the petitioner’s prior marriage was legally terminated and that she was legally free to marry the beneficiary.
- The petitioner appealed to the Administrative Appeals Office (AAO).

## Issues

1. Whether the petitioner met her burden to prove that her prior marriage was legally terminated by the death of her first husband.
2. Whether an uncorroborated, self-interested affidavit from the petitioner is sufficient evidence of a prior spouse’s death for purposes of K-1 fiancé classification.

## Decision

- The AAO dismissed the appeal and affirmed USCIS’s denial of the Form I-129F petition.
- The AAO found the petitioner did not establish, by the evidence submitted, that the first husband was deceased and the prior marriage had legally ended.
- Because the petitioner failed to prove she was legally free to marry, the petition could not be approved.

## Legal Principles

- The petitioner bears the burden to establish eligibility for a requested immigration benefit by a preponderance of the evidence.
- For K-1 fiancé classification, the petitioner must show both parties are legally free to marry, including proof that all prior marriages were legally terminated by death, divorce, or annulment.
- Primary evidence of termination (such as a death certificate) is generally expected; when unavailable, secondary evidence may be considered but should be supported by credible explanations of unavailability and reliable corroboration.
- A petitioner’s uncorroborated affidavit, standing alone, may be given limited weight and may be insufficient where additional corroborating evidence is reasonably obtainable.

## Conclusion

The AAO upheld denial of a K-1 fiancé petition because the petitioner did not carry her evidentiary burden to prove that a prior marriage ended by the first husband’s death, relying only on an uncorroborated affidavit and not providing independent documentation or other reliable secondary evidence establishing she was legally free to marry.


In re _______ [The Case of the Missing First Husband], 2007 Immig. Rptr. LEXIS 13177 (A.A.O. 2007)