Common Law

[mili09 0]

Hello everyone,

I have a question related to common law (living together, 2 kids but not married yet). I like to apply for my sister as an immigrant. Currently she is living in Canada, have 2 kids (4, 6)and living with her boyfriend as common law for last 10 years. Is US immigration law accept common law (as spouse)or she has to get married and then I should apply for them. As I was filling up the I-130 form ( q.6 has only 4 option a)married b)single c)widowed d)Divorced), does not have any option for common law.

Please advice.

mili09

[nab 74]

Hello everyone,

I have a question related to common law (living together, 2 kids but not married yet). I like to apply for my sister as an immigrant. Currently she is living in Canada, have 2 kids (4, 6)and living with her boyfriend as common law for last 10 years. Is US immigration law accept common law (as spouse)or she has to get married and then I should apply for them. As I was filling up the I-130 form ( q.6 has only 4 option a)married b)single c)widowed d)Divorced), does not have any option for common law.

Please advice.

mili09

is common law marriage LEGALLY recognized as a VALID marriage where they live?

if it is they would be considered married (a) on the form.

i have read on govt website common law IS accepted in US as valid from other countries only if it is recgonized in that country.

i will search for that info for you and send link

[nab 74]

i forgot to ask if you are USC? If not you would not be able to file for your sister (assuming you are!)

one thing she will need is proof they are "married"... do they file taxes together? do they list each other as spouses on health insurance and for how many years do they have proof of that?

some countries even have 'certificates' of common law marriage.

also, this is something i saw in researching for you... if the children are the man's and not your sister's (which would make them her step children, but that didnt sound like the case but i want to cover all bases), that would be an issue becasue even though a common law "spouse" could be eligible, step children in a common law marriage might NOT.

[mili09 0]

i forgot to ask if you are USC? If not you would not be able to file for your sister (assuming you are!)

one thing she will need is proof they are "married"... do they file taxes together? do they list each other as spouses on health insurance and for how many years do they have proof of that?

some countries even have 'certificates' of common law marriage.

also, this is something i saw in researching for you... if the children are the man's and not your sister's (which would make them her step children, but that didnt sound like the case but i want to cover all bases), that would be an issue becasue even though a common law "spouse" could be eligible, step children in a common law marriage might NOT.

nab-- Thanks for the quick reply. Yes I am USC and the children are theirs. About the health insurance and tax file-- I am not sure. I will ask them today. And also I will ask them if they have some kind of certificate or anything that says they common law.

Thanks again

mili09

[nab 74]

no problem, just make certain it is recognized and legal there = gives all same benefits of regular marriage and that a divorce is required to dissolve it if they would want to go on to marry someone else.

in your OP you used the word "yet", are they planning to marry? so they dont consider themselves married?

Edited November 4, 2010 by nab