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Timona

Is Common Law a definite Marriage?

By Timona in General Immigration-Related Discussion

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Timona Experienced

Timona   4,207

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Filed: Citizen (apr) Country: Kenya
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Someone has a valid B2 which he has maintained proper use and is back outside US. When he applied for B2, he chose common law marriage option. Note, they've been living together for 6 years but have never officially got married (no official record), hence why he chose common law option during application. 

 

Now, he's over 21 years. Parent just become USC and wants to put an application for him.

 

Question 1: So in terms of immigration does he fall under:

a. Unmarried child over 21 OR

b. Married child over 21

 

Question 2: Is common law straight up marriage? Or how does USCIS define this?

 

My answer to question 2 was that it depends on the law of the individual country. As such, if the law for eg Kenya says so, then it is and he falls under (b) above. If not, then it not legal and he falls under (a) above. Am I wrong with this assumption?

 

I was asked this question. 

 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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