Common-law spouse

[cranne 0]

My wife is a US Citizen we got married (common-law) in PA in 2004. She got her Permanent residency based on our common-law wedding in Canada fwhere we are for the past 5 years however now we would like to go back in the US so can I apply for I-130 based on our US marriage as common-law since it was recognized in PA and even the Canadian government recognized it! I guess the burden of proof is the harder part!

I was on a TN at the time of the common-law declaration and got back to Canada 10 days later (technically I was out of the country the next day... Honey mooon of course...)

Anyone in a simillar situation....or experience with common-law spouse stuff and I-130 evidences.!

[trailmix 77]

My wife is a US Citizen we got married (common-law) in PA in 2004. She got her Permanent residency based on our common-law wedding in Canada fwhere we are for the past 5 years however now we would like to go back in the US so can I apply for I-130 based on our US marriage as common-law since it was recognized in PA and even the Canadian government recognized it! I guess the burden of proof is the harder part!

I was on a TN at the time of the common-law declaration and got back to Canada 10 days later (technically I was out of the country the next day... Honey mooon of course...)

Anyone in a simillar situation....or experience with common-law spouse stuff and I-130 evidences.!

USCIS does not recognize common law marriage. You can either apply for a fiancee visa and get married within 90 days of entering the U.S. or a CR1 visa, if you get married before you apply.

The CR1 visa is probably your best option as you can file your I-130 directly at the U.S. consulate in Canada, since your wife is also resident in the country. Check out the guides tab (above) for information on that.

Good luck!

Edited September 27, 2009 by trailmix