On the I 130 application my husband stated he was married before because in Mexico when you live with someone so long you are considered married, so he said yes. In the interview he was asked again and then about his divorce papers which he didn't have as it wasn't a true marriage but he was scared to get in trouble so he said OK. They issues an RFE which I advised the lawyer what happened and he said to write an affadavit to this affect. I didn't understand implications of stating common law marriage in KS so I used that term when putting together affadavit for him. Lawyer didn't advise that this was going to hurt anything or that this wasn't sufficient. Now we received a letter of intent to deny the I 130 application based on insufficient evidence and that now if Common Law Marriage is determined, then our marriage is void and he has to be divorced. Who determines common law marriage? There's does not meet the standards but I do not know what other "evidence" we can submit.