Common Law Marriages

[dawnlinnet 0]

Hi

I am Canadian, and my common law husband is American (he has lived in Canada for 30 years). We are planning on moving to Florida next year. We already own property there. I've been looking for the easiest way to go about it. Would it make sense to do the Direct Consular Filing? I was reading on the US Department of State website, and it says:

"What is a “Spouse”?

A spouse is a legally wedded husband or wife. Merely living together does not qualify a marriage for immigration. Common-law spouses may qualify as spouses for immigration, but only if the laws of the country where the common-law marriage occurs recognizes common-law marriages and grants them all the same rights and obligations as a traditional marriage. In cases of polygamy, only the first spouse may qualify as a spouse for immigration. "

Does this mean that we would be able to go through the process without actually getting legally married, since common law marriage is accepted in Canada? Does anyone have any experience or know anything aout this?

We do plan on getting married, just don't really want to do it only to immigrate.

Thanks for any help

Dawn

[Chica Yeyé 41]

Hi

I am Canadian, and my common law husband is American (he has lived in Canada for 30 years). We are planning on moving to Florida next year. We already own property there. I've been looking for the easiest way to go about it. Would it make sense to do the Direct Consular Filing? I was reading on the US Department of State website, and it says:

"What is a “Spouse”?

A spouse is a legally wedded husband or wife. Merely living together does not qualify a marriage for immigration. Common-law spouses may qualify as spouses for immigration, but only if the laws of the country where the common-law marriage occurs recognizes common-law marriages and grants them all the same rights and obligations as a traditional marriage. In cases of polygamy, only the first spouse may qualify as a spouse for immigration. "

Does this mean that we would be able to go through the process without actually getting legally married, since common law marriage is accepted in Canada? Does anyone have any experience or know anything aout this?

We do plan on getting married, just don't really want to do it only to immigrate.

Thanks for any help

Dawn

Nope - US law does not recognize common-law as marriage; never mind how many years. For you to file, you have to get married.

[Laura+Tom 2]

It depends on what state you are moving to. Unfortunately Florida isn't one of them.

[wowswift 3]

It depends on what state you are moving to. Unfortunately Florida isn't one of them.

I don't think it would work like that since immigration is at a federal level and not local.

[Chica Yeyé 41]

It depends on what state you are moving to. Unfortunately Florida isn't one of them.

Untrue ---- immigration is a federal matter; so federal law applies and supersedes state law. You have to be legally married to apply.

[Laura+Tom 2]

I stand corrected.

[Chica Yeyé 41]

I stand corrected.

and united, we stand

[Beth/ Paris Heart 2]

I stand corrected.

and united, we stand

Here is a thought, if you dont want to marry cause of immigrating, why not do the K1 visa. probley be faster anyways.

Good luck!!

[zyggy 9]

YOu want to have a consultation with an immigration attorney about this, but the Canadian common-law status must confer the same rights and duties as a normal legal marriage in the US. I'm not sure if it does. An immigration attorney who has had experience in assiting common-law couples go through the process is advised. In addition, there could be complications with the US accepting the marriage. Not only does your common law status have to be accepted in Canada, it must be recognized as a legal marriage in the US as well. The is the situation where it may break down as all US jurisdictions have not recognized common law marriages for about 20 years.

If you don't want a difficult time, it would be advisable to have a legal marriage. You wouldn't be the first couple who was forced to marry before they really wanted to due to immigration.

Edited July 30, 2008 by zyggy

[Chica Yeyé 41]

I stand corrected.

and united, we stand

Here is a thought, if you dont want to marry cause of immigrating, why not do the K1 visa. probley be faster anyways.

Good luck!!

and then, if approved, their would have to marry to adjust status anyways..... there is NO WAY around it for couples.

[Beth/ Paris Heart 2]

I stand corrected.

and united, we stand

Here is a thought, if you dont want to marry cause of immigrating, why not do the K1 visa. probley be faster anyways.

Good luck!!

and then, if approved, their would have to marry to adjust status anyways..... there is NO WAY around it for couples.

The married ones have all the bad luck with USCIS

[Chica Yeyé 41]

I stand corrected.

and united, we stand

Here is a thought, if you dont want to marry cause of immigrating, why not do the K1 visa. probley be faster anyways.

Good luck!!

and then, if approved, their would have to marry to adjust status anyways..... there is NO WAY around it for couples.

The married ones have all the bad luck with USCIS

you are joking, right?

[Beth/ Paris Heart 2]

I stand corrected.

and united, we stand

Here is a thought, if you dont want to marry cause of immigrating, why not do the K1 visa. probley be faster anyways.

Good luck!!

and then, if approved, their would have to marry to adjust status anyways..... there is NO WAY around it for couples.

The married ones have all the bad luck with USCIS

you are joking, right?

mainly referring to VSC, very, very few married pettions approved, many still waiting from as early as Spetember 2007. Seems like only K1 petitions being apporved. Bad luck for married couple play the waiting game.