My GF here on tourist visa...

[NikLR 13,227]

FYI that's her title, not her name. Just like your username is Scott&Yuli not "newbie" LOL

[SAT 9,609]

My name is "expert baker"...

[Hypnos 6,576]

It would not. USCIS wants to see a marriage license that has been executed and filed.

Common law applies for spousal benefits within CO only.

No. As I said above, common law marriage is recognised by USCIS; the difficulty is having enough evidence to prove it. USCIS defers to states when it comes to marriage. If you are considered married under the laws of your state - including common law marriage, if your state recognises it (most don't) - then you are considered married everywhere by everyone, including the federal government and USCIS.

Edited February 16, 2015 by Hypnos

[Gosia & Tito 199]

No. As I said above, common law marriage is recognised by USCIS; the difficulty is having enough evidence to prove it. USCIS defers to states when it comes to marriage. If you are considered married under the laws of your state - including common law marriage, if your state recognises it (most don't) - then you are considered married everywhere by everyone, including the federal government and USCIS.

Had seen your post Hynos.

Not to hijack the post, but for the benefit of VJ and myself, How I had understood USCIS recognition of a common law marriage is for purposes of naturalization (eg, citizenship). Had not seen similar wording specifically referencing AoS; but, maybe I'm not looking in the right place or I'm not interpretting it right.

Now the other part of the post about establishing the marriage is valid; I agree that it would be difficult to prove.

In CO, there is (or was at least) an affidavit that is used for health benefits, etc in those cases; which is not a requirement before the state.

However, there are some requisites that might be difficult to overcome in establishing that there is in fact a marriage. I have been common law in CO time ago, and used the affidavit I've noted to obtain benefits for my common law spouse. There are several elements of proof that I believe would be quite difficult in the case of the original post. Seems a lot easier and quicker to just marry.

There was a post a bout needein a SSN or card, which is not correct; all needed is an id, which can be a passport, inclusive from another country. That is how my wife and married, in CO; al lshe had at the time was her passport. No one even raised an eyebrow, in fact, they offered to marry us right there at the office if we wanted. But we had other plans.

[Hypnos 6,576]

Agreed. I also obtained a marriage licence in TX using only my foreign passport and no SSN, and it wasn't an issue here either.

My wife and I also considered ourselves common law married in TX, but did later obtain a marriage licence and do it that way, too.

Edited February 16, 2015 by Hypnos