Applying for spouse visa by PR. Tricky question!

[HRQX 4,145]

9 minutes ago, r1m1 said:

her category is baned because I am PR

Like I mentioned, the F2A visas that were recently issued met rare exceptions. It was just a handful of F2A (FX1/F21) visas: https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/MonthlyIVIssuances/AUGUST 2020 - IV Issuances by Post and Visa Class.pdf

[SteveInBostonI130 3,483]

One word of caution. Do not state that she was your common law wife.  That has specific legal meaning.  Unless, of course, that she really was your common law wife, in which case your eligibility as F2B is in question.

 

File the I-130 now for your wife.  By the time it is approved, the temporary ban might be over.

[Orangesapples 1,954]

55 minutes ago, SteveInBostonI130 said:

One word of caution. Do not state that she was your common law wife.  That has specific legal meaning.  Unless, of course, that she really was your common law wife, in which case your eligibility as F2B is in question.

 

File the I-130 now for your wife.  By the time it is approved, the temporary ban might be over.

Is common law marriage even a thing in Ukraine? 

[SteveInBostonI130 3,483]

2 minutes ago, Orangesapples said:

Is common law marriage even a thing in Ukraine? 

No idea.  is it?

[Orangesapples 1,954]

10 minutes ago, SteveInBostonI130 said:

No idea.  is it?

You're from there, so I assume you'd know. Most countries don't have it, so the default answer is no. 

[SteveInBostonI130 3,483]

?

 

Oh, I didn't see that the OP is from Ukraine.  The mobile app didn't show until I clicked.

 

There are rules regarding common law property based on living as a family unit, but it does not confer all rights and is not the same as a marriage, unless registered as such.

 

The OP should be fine, as long as they didn't register with RAGS.

[Aшан 1]

One more question- when you fille for I-130 for your spose do you have to add all proofs in section “evidence” or just the major one ( marrige certificate) and later on in ds-260 you can add others. Becuse if it is-I could apply for her now and not wait till we gather all possible proofs of bona fide marrige.

Thanks in advance

Edited October 9, 2020 by r1m1

[SusieQQQ 11,587]

27 minutes ago, r1m1 said:

One more question- when you fille for I-130 for your spose do you have to add all proofs in section “evidence” or just the major one ( marrige certificate) and later on in ds-260 you can add others. Becuse if it is-I could apply for her now and not wait till we gather all possible proofs of bona fide marrige.

Thanks in advance

Please read the guides linked at the top of the page. The guide for spouse of USC is same as what you need.

Edited October 9, 2020 by SusieQQQ

[Bochog 10]

On 10/8/2020 at 12:59 AM, Aшан said:

Hi,everyone

Visa journey and people here was a great help while I was going through my immigration process. I was F2B category. And by this category I was not able to get married until I enter the US and get my green card. It was long 8 years of waiting process. Now I have to start all over again. immigration process for my girlfriend that was left in my home country. 

         As soon as I received my green card and became a permanent resident I flew back to my country and we got married.  So now she is F2A category and can qualifiy for CR-1 visa ( which is TEMPORARY banned - I know :(( but still I can apply to USCIC.)

Now a tricky question-

we were a couple for 20 years but was never officially married (last 8 years because of my visa category). When now I am applying for her I -130 can I show that although officialy I was single we were living as a couple and you could say in a common law marriage??? Will that fact not harm my GC status? 

Or should I just tell that we lived together only after official marriage  certificate ( she had a differnet address)? Also should I show as a proof of our relations that we always traveled on vacation together?

Thank you in advance who will share your thoughts.

God bless

As long as there’s no actual marriage (meaning no legal papers), it does not matter how long you lived together. Just be as honest as possible.

 

and yes, F2A is still banned. Pray that we’ll have a new president in a few weeks and will revoke said ban. LOL

[HRQX 4,145]

18 minutes ago, Bochog said:

Pray that we’ll have a new president in a few weeks and will revoke said ban. LOL

The inauguration won't occur until January 20, 2021.

[retheem 568]

On 10/8/2020 at 8:01 AM, SusieQQQ said:

Just to clarify, she is F2A category and can qualify for a F2A visa. CR1 is a visa category for spouses of US citizens.

 

As long as there was no formal marriage etc it doesn’t matter how long you two lived together “as” a married couple, if you were not married that is fine. You will clearly have plenty of proof of a bona fide relationship which will help your application. 

I have learned something today.