Keith Mack
A marriage-based green card allows the spouse of a U.S. citizen or lawful permanent resident to live and work anywhere in the United States. Getting a green card through marriage is one of the most common immigration pathways. Upon approval, the spouse becomes a “permanent resident” and can later apply for U.S. citizenship after three years of marriage to a U.S. citizen. Common law marriages are valid in some U.S. states and can be recognized for immigration purposes if they are considered valid in the country or state where the couple lived or currently live and if they led to the attainment of the same marital rights as traditionally married couples in that locale.
Can you apply for a green card using common law marriage?
| Characteristics | Values |
|---|---|
| Is it possible to apply for a green card using common law marriage? | Yes, it is possible to apply for a green card using common law marriage. However, very few states in the U.S. recognize common law marriages. |
| What is a common law marriage? | A common law marriage is an agreement between a man and a woman to become married without a formal civil or religious ceremony. |
| What are the requirements for a common law marriage to be recognized for a green card application? | The common law marriage must be recognized as legally valid in the place where it occurred, and the couple must have attained the same marital rights as traditionally married couples in that locale. |
| What are the next steps in the green card application process for common law marriages? | The foreign spouse must file Form I-485 (Adjustment of Status) with USCIS. The couple must provide documentary proof of their shared life, such as joint lease or mortgage documents, insurance, and affidavits from friends and relatives. |
| What are the common reasons for denial of a green card application based on common law marriage? | Common reasons for denial include lack of evidence of a bona fide marriage, criminal history, incomplete forms, ineligibility, immigration violations, and marriage fraud. |
| Can I apply for a green card if my spouse is living outside of the U.S.? | Yes, you can apply for a green card if your spouse is living abroad using consular processing. |
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What You'll Learn
Common law marriage validity
In the United States, common-law marriage, also known as non-ceremonial marriage, informal marriage, or marriage by habit and repute, is a marriage that is considered valid by both partners but is not formally recorded with a state or religious registry and is not celebrated in a formal civil or religious service. The act of the couple representing themselves to others as being married and organizing their relationship as if they were married, means they are married. Common-law marriage is recognized in seven states and the District of Columbia, while nine other states recognize it with some restrictions.
The requirements for a common-law marriage vary by state, but generally include:
- Cohabitation: Couples must live together for a period of time, although the length of time required varies.
- Holding themselves out as married: The couple must present themselves to friends, family, and the community as "married".
It is important to note that not all jurisdictions permit common-law marriage, but they will typically respect the validity of such a marriage lawfully entered into in another state or country. As such, it is advisable to consult an experienced family law attorney to determine if a common-law marriage is valid in a particular state.
Regarding the application for a green card based on common-law marriage, it appears that the process is similar to that of a traditional marriage. A green card allows the spouse of a U.S. citizen or lawful permanent resident to live and work in the United States. The spouse can apply for U.S. citizenship after three years of marriage to a U.S. citizen. The specific steps and requirements for obtaining a marriage-based green card depend on whether the foreign spouse is living in the United States or abroad. If the foreign spouse lives in the U.S., they must file Form I-485 (Adjustment of Status) with USCIS, along with Form I-130 ("concurrent filing"). The processing time is typically around 9.3 months, and the government filing fees are $2330, including $1440 for the green card application. Proof of nationality (birth certificate, passport) and proof of lawful entry to the U.S. are also required.
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Immigration requirements
To obtain a Green Card for your spouse through common law marriage, you must meet certain eligibility requirements. Firstly, it is important to note that only a few states and jurisdictions recognize common law marriages. These include Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Texas, and the District of Columbia. If you live in a state that offers common-law registration, you must register your common-law marriage and provide proof of such registration to the immigration authorities.
To be recognized for immigration purposes, your common-law marriage must be valid and recognized by the state or country in which it was established. This means that the marriage must be legally valid and entered into in good faith, with both parties intending to live together as husband and wife and free to marry. The marriage must also have led to the attainment of the same marital rights as those granted to traditionally married couples in that locale.
To prove the validity of your common-law marriage, you will need to provide multiple forms of documentary evidence of your shared life. This may include joint lease or mortgage documents, joint bank or credit card statements, evidence of joint health or auto insurance, and affidavits from friends and relatives. It is important to note that the immigration authorities will carefully review your application to ensure that the marriage is not a sham or fraud to obtain a Green Card.
In addition to providing proof of your common-law marriage, you must also meet the general eligibility requirements for a Green Card. This includes being admissible to the United States and not having any grounds of inadmissibility listed in the Immigration and Nationality Act (INA). If you have committed any immigration violations or have a criminal history, this may affect your eligibility. It is recommended to consult with an immigration lawyer to ensure that you meet all the necessary requirements.
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Documentary proof
A marriage-based green card allows the spouse of a U.S. citizen or lawful permanent resident to live and work anywhere in the United States. Getting a green card through marriage is one of the most common immigration pathways. Upon approval, the spouse becomes a permanent resident and can later apply for U.S. citizenship after three years of marriage to a U.S. citizen.
USCIS recognizes common-law marriages for purposes of naturalization if the marriage was valid and recognized by the state in which the marriage was established. This applies even if the naturalization application is filed in a jurisdiction that does not recognize or has never recognized the principle of common-law marriage.
If your state offers you the opportunity to register your common-law marriage with a local government agency, then the U.S. immigration authorities will expect you to have done so and to provide proof of such registration. In order to obtain a green card for an immigrant, you must not only show that the marriage is legally valid but that it is bona fide—not a sham or fraud to get a green card. Like every married couple, you'll need to show multiple forms of documentary proof of your shared life.
Couples who have gone through a civil or religious ceremony commonly have photos of the ceremony, and show these to the immigration officials. Such photos certainly wouldn't be required in the case of a common-law marriage, and they're not the only type of proof the immigration authorities look for. Other likely documents include joint lease or mortgage documents, joint bank or credit card statements, evidence of joint health, auto, or other insurance, affidavits from friends and relatives, etc.
In addition, the government will assess if the marriage is not only legally valid but also one that is bona fide. USCIS officers will check to ensure that requirements for a common-law marriage where it occurred were fully met. Their goal is to distinguish casual live-in arrangements from true common-law relationships.
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Marriage recognition in different states
Marriage-based green cards are a common immigration pathway, allowing the spouse of a US citizen or permanent resident to live and work in the United States. The spouse can later apply for US citizenship after three years of marriage to a US citizen.
A common-law marriage, also known as a sui juris marriage, is a form of irregular marriage that is only recognised in a handful of US states. Common-law marriages do not require a marriage license, ceremony, or certificate, but couples must meet the requirements in their state for the marriage to be recognised.
As of 2022, common-law marriages are recognised in Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah and New Hampshire have limited recognition of common-law marriages, and Alabama recognises common-law marriages created before 1 January 2017. Florida, Georgia, Indiana, Ohio, and Pennsylvania also recognise common-law marriages created before a certain date.
The recognition of common-law marriages varies across states, and the law is subject to change. It is important to check the family laws in your state for up-to-date information.
Even if a state does not recognise common-law marriages, they must recognise a common-law marriage from another state, as long as the relationship meets all the requirements of a common-law marriage while living in a common-law marriage state. For example, if a couple with a common-law marriage in Colorado moves to California, which does not recognise common-law marriages, California will still recognise the marriage as valid.
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Application denial and appeals
Marriage-based green cards have a high approval rate, but applications do get denied for various reasons. Common reasons for denial include lack of evidence of a bona fide marriage, criminal history, incomplete forms, ineligibility, immigration violations, and marriage fraud.
If your marriage-based green card application has been denied, you have certain appeal rights. You can either appeal the decision in court or reapply. You can file an appeal with the Board of Immigration Appeals (BIA) within 30 days of receiving the denial. The BIA can deny the appeal if you don't give specific reasons to support your claim that the decision was a mistake. While the form only provides a small space for a few sentences, you have the option of attaching pages and additional evidence, which is highly recommended.
If the denial was something that can be dealt with by having USCIS take another look at the facts, you can file a Motion to Reopen or a Motion to Reconsider directly with the agency's Administrative Appeals Office (AAO). Such a motion must be filed within 30 days of the denial notice.
Another possibility is to wait until the matter is referred to Immigration Court (the EOIR), in which case you will be defending against deportation. The immigration judge will take a close look at the matter and can grant lawful permanent resident status if convinced that the marriage is genuine.
In some situations, it may make more sense to refile an I-130 marriage-based petition than to pursue an appeal. For instance, if the issues that led to the denial have now been remedied, such as the couple now living together when they weren't before, refiling an I-130 petition will serve to present more evidence of the bona fide marriage. However, USCIS will carry the fraudulent marriage finding over, so it will still be necessary to disprove its concerns that the marriage is a sham.
It is recommended that you hire an immigration lawyer to help you with your appeal. A good attorney with a rich immigration history will help review your application and ensure you don't have any criminal record that can vitiate the process.
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Frequently asked questions
Yes, but only if the common-law marriage is valid in the state or country where it took place.
A common-law marriage is an agreement between two people to become married without a formal civil or religious ceremony.
Common reasons for denial include lack of evidence of a bona fide marriage, criminal history, incomplete forms, ineligibility, immigration violations, and marriage fraud.
The process for applying for a marriage-based green card involves filing Form I-485 (Adjustment of Status) with USCIS. Spouses of U.S. citizens can file this form concurrently with Form I-130, while spouses of green card holders must wait for a visa to become available.
Required documents may include proof of nationality (birth certificate, passport), proof of lawful entry to the U.S., joint lease or mortgage documents, joint bank or credit card statements, and evidence of joint health, auto, or other insurance.
