VP 3-23859
Decided by the Board May 14, 1954
Preference quota status — Section 203(a)(2) of the Immigration and Nationality Act — Common-law marriage in Czechoslovakia.
The concept of "common-law marriage" comparable with the concept under American law did not exist in Czechoslovak law prior to World War II and does not exist under present law. Therefore, the beneficiary in this case is not entitled to preference status under section 203(a)(2) of the Immigration and Nationality Act as the parents of the petitioner for the reason that the petitioner's parents had never been legally married but had merely lived together.
BEFORE THE BOARD
Discussion: The matter comes before us on motion of the petitioner requesting reconsideration of the denial of the petition for issuance of an immigrant visa on behalf of the alleged mother, E---- R----.
The facts are set forth in our decision of February 25, 1954. There we concluded that the beneficiary was not entitled to a preference under section 203(a)(2) as the parent of the petitioner for the reason that the petitioner's parents had never been legally married but had merely lived together. In view of the claim of a "common-law marriage" under the laws of Czechoslovakia, we indicated that we would reconsider the case in the event that evidence to establish a common-law marriage as that term is understood in the United States was produced.
In connection with the present motion to reconsider, the petitioner has submitted a memorandum of law relating to common-law marriage in Czechoslovakia prepared by Dr. Gsovski and Dr. Kocvara of the Foreign Law Section, Law Library, Library of Congress. Examination of this memorandum, however, fails to aid the petitioner. The memorandum starts out with the opening premise that in general it may be stated that a concept of "common-law marriage" comparable with the concept under American law did not exist in Czechoslovak law, and that this is true both of Czechoslovak law prior to World War II and of present-day law. Illustrations set forth in an appendix to the memorandum refer to concubinage which is stated to be of no significance for civil law. While it is apparently true that the concubine enjoys some privileges and rights under Czechoslovak law, there is no showing that the status which was created herein in Czechoslovakia constituted a valid and lawful marriage such as a common-law marriage constitutes under American law.
In addition, the memorandum is unfavorable to the claim of the petitioner inasmuch as it was explained that the parents of the petitioner did not enter into marriage because of a law in Czechoslovakia prohibiting persons with a communicable disease from marrying. The memorandum states that there has not been any Czechoslovak provision preventing people sick of a contagious disease from marrying.
Order: It is ordered that the motion be and the same is hereby denied.