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jenny1825

Common law marriage certificate acceptable?

By jenny1825 in Adjustment of Status from Work, Student, & Tourist Visas

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jenny1825 Newbie

jenny1825   0

Posted
Filed: Timeline
Posted

My boyfriend and I have only had a common law agreement. We even went to the courthouse. It was so he could include me under his insurance policy as wife. We are planning to have a formal one with our family in the future but in the mean time, is it enough to apply for paper work? My visa experied a couple of years ago and he is a us citizen.Thanks!

Gary and Alla Grand Master

Gary and Alla   3,694

Posted
Filed: Citizen (apr) Country: Ukraine
 Timeline
Posted (edited)

My boyfriend and I have only had a common law agreement. We even went to the courthouse. It was so he could include me under his insurance policy as wife. We are planning to have a formal one with our family in the future but in the mean time, is it enough to apply for paper work? My visa experied a couple of years ago and he is a us citizen.Thanks!

Probably best not to tell your husband about your boyfriend. Words mean things. There are no visas for girlfriends.

You have already incurred a BAN on any visas by overstaying, which will have to be waived in order for you to get a visa or adjustment of status. AND you have a common law marriage? I think you are pushing the envelope a bit too much. Your marriage is going to have a lot to overcome the appearance of being for immigration benefits. There is no need to argue the legality of a common law marriage with me, I am not the one that approves petitions, why do you want to make this so difficult? Legal common law marriages require a divorce to end, just like a regular marriage.

Get married, file the I-130, the petition will be approved and then the visa will be denied under the ban you have incurred, then file a waiver for the ban. Expect this to take quite a while, more than one year, and DO NOT leave the country until you have a green card in your hand

Edited by Gary and Alla

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

what was issued at the courthouse ? [read it, write the title of it back here]

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

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Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

--

since you entered the country legally with a visa, ages past -

when yer filing for Adjustment of Status - don't leave the USA till you have green card in hand.

Good Luck !

--

ps to Gary - I not get the sense they were asking about a future visa, here.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted (edited)

No, common law marriage does not work because it's not federally recognized. Get a real marriage.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

ValerieA Experienced

ValerieA   350

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

As already stated, you need to actually get married. Then, file for Adjustment of Status (guide is above). Do NOT leave the country until you have your green card. AOS does not require a waiver, overstay is overlooked for spouses of US citizens.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

SBB Enthusiast

SBB   74

Posted
Filed: Citizen (pnd) Country: China
 Timeline
Posted (edited)

A common law marriage executed in a state that recognizes common law marriage is just as legally valid as a "real" marriage (you would have to get a divorce decree to dissolve it).

Edited by SBB

07/14/2012: Eloped in Texas Hill Country
08/11/2012: Mailed I-130, I-485, and I-765 to Chicago Lockbox
08/13/2012: Package received by Chicago Lockbox
08/14/2012: Priority Date
08/17/2012: Notice of receipt sent
08/21/2012: Biometrics appointment notice sent
08/27/2012: Walk-in biometrics completed
09/19/2012: Interview scheduled for October 26
10/24/2012: EAD production ordered
10/26/2012: Interview in San Antonio. AOS approved!
11/5/2012: USCIS claims green card delivered, nothing in mailbox.
12/5/2012: Service request filed for non-delivered green card.
12/7/2012: Service request replied to (but not delivered).
1/4/2013: Filed I-90, paid another $450
1/24/2013: Biometrics again...
4/1/2013: First Green Card from November finally arrived...

4/22/2013: Replacement Green Card arrived.

8/9/2014: Filed I-751

8/14/2014: Received NOA for I-751

3/12/2015: ROC Approved!

7/18/2016: Sent in N-400 to Texas lockbox

7/21/2016: N-400 delivered

  • 1 year later...
ombra75 Rookie

ombra75   0

Posted
Filed: K-1 Visa Country: Italy
 Timeline
Posted

Common law marriage is an excepted form of marriage for USCIS purposes is it was contrated in a state that recognized that form of union (http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter2.html). The tough part is proving it since in some states they don't have a registry for it (like in D.C. for example). You have to show intent to be married - same last name, being each other beneficiaries on insurance policies, holding yourselves out in public as husband and wife, filing joined taxes, by having a common bank account, and so forth.

christeen Experienced

christeen   966

Posted
Filed: Citizen (apr) Country: Italy
 Timeline
Posted

Why are we advising on an old thread?

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

TBoneTX Grand Master

TBoneTX   46,201

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

*** Zombie thread closed. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
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