Kara Sears
The United States Citizenship and Immigration Services (USCIS) recognizes common-law marriages for purposes of naturalization and permanent residence if the marriage is valid and recognized by the state in which it was established. The parties must meet the qualifications for common-law marriage in that jurisdiction, and the marriage must be considered bona fide and not a sham or fraud. Some states that recognize common-law marriages include Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, and Texas. USCIS officers will scrutinize the legality of the marriage and may request evidence of its validity, such as an affidavit, a registered marriage certificate, or other documentation.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriages by USCIS | Common-law marriages are recognized by USCIS for naturalization purposes if the marriage is valid and recognized by the state in which it was established. |
| Requirements for recognition | The parties must live in the jurisdiction that recognizes common-law marriages and meet the qualifications for common-law marriage in that jurisdiction. |
| Evidence required | Evidence such as a registered marriage certificate, affidavit, or other documents demonstrating that the requirements for common-law marriage were met may be necessary for USCIS to scrutinize the legality of the marriage. |
| Same-sex marriages | The place-of-celebration rule governs same-sex marriages in the same way as opposite-sex marriages, and the validity is determined by the law of the jurisdiction where the marriage was celebrated. |
| Permanent residence and citizenship | Common-law marriages can help qualify for permanent residence and citizenship, even if the application is filed in a state that does not recognize common-law marriages. |
| Bona fide assessment | USCIS officers will assess if the marriage is bona fide and not a sham or fraud to obtain immigration benefits. |
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What You'll Learn
Common law marriage and naturalization
Common-law marriages are recognized by the USCIS for naturalization purposes, provided the marriage was valid and recognized by the state in which it was established. This holds true even if the naturalization application is filed in a jurisdiction that does not recognize common-law marriages.
To be considered a common-law marriage, the couple must meet the qualifications for common-law marriage in their jurisdiction. The USCIS officer will review the laws of the relevant jurisdiction to determine if the couple should be considered married for naturalization purposes. This means that if a couple's common-law marriage is recognized by their state, they can file for naturalization even if they move to a state that does not recognize such marriages.
To prove a common-law marriage, couples may need to submit evidence such as a copy of the statute outlining the requirements for common-law marriage in their jurisdiction, as well as evidence that they met those requirements. Other factors that may be considered include the couple's intent and understanding of their relationship, how they introduced each other to others, if they signed legal documents with the same last name, and if they named each other as beneficiaries in insurance policies or pension rights.
It's important to note that the USCIS generally recognizes marriages as long as they are valid in the jurisdiction where they were established, unless they fall into certain exceptions, such as polygamous marriages. Additionally, the USCIS requires that the marriage be between two individuals free to marry and that the couple remain in a valid marriage from the time of filing until the time of naturalization.
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Common law marriage and green cards
The USCIS does recognize common-law marriages for purposes of naturalization, including green cards. However, the marriage must be valid and recognized by the state in which it was established. This is true even if the naturalization application is filed in a jurisdiction that does not recognize common-law marriage.
To be recognized as a common-law marriage, the couple must meet the qualifications for common-law marriage in that jurisdiction. This includes living in that jurisdiction and meeting the specific requirements, such as cohabitation, consent, and intent to get married. The couple must also not be related or involved in another marriage.
If you are requesting parole in place under the Keeping Families Together program on the basis of a common-law marriage, you should submit a copy of the statute or case law outlining the requirements for establishing a common-law marriage in that jurisdiction. You should also submit evidence demonstrating that you met those requirements.
It is important to note that the USCIS will scrutinize the legality of your common-law marriage and ensure that it is bona fide, not a sham or fraud to obtain a green card. You may be expected to register your common-law marriage with a local government agency and provide proof of such registration. To obtain a green card, you must provide multiple forms of documentary proof of your shared life, such as joint lease or mortgage documents, joint bank statements, insurance documents, and affidavits from friends and relatives.
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Common law marriage and citizenship
The United States Citizenship and Immigration Services (USCIS) recognizes common-law marriages for purposes of naturalization. However, the marriage must be valid and recognized by the state in which it was established. This is true even if the naturalization application is filed in a jurisdiction that does not recognize common-law marriages.
To be considered a common-law marriage, the couple must meet the qualifications for common-law marriage in that jurisdiction. The couple must live in that jurisdiction and demonstrate their intention to be married through their actions, such as introducing each other as spouses to friends, family, and co-workers, and signing legal documents with the same last name.
If an official civil record of the marriage cannot be produced, secondary evidence may be accepted on a case-by-case basis. This could include submitting a copy of the statute, regulation, or case law outlining the requirements for establishing a common-law marriage in that jurisdiction, as well as evidence demonstrating that these requirements were met.
It is important to note that the USCIS will scrutinize the legality of a common-law marriage, even if it was recognized by the state. The USCIS officer will review the laws of the relevant jurisdiction and the evidence submitted to determine whether the marriage is considered valid for immigration purposes.
In addition, the government will assess whether the marriage is bona fide and not a sham or fraud to obtain a green card under false pretenses. Permanent residents and citizens of the United States may bring their spouses into the country on a marriage-based green card, but specific requirements must be met before USCIS allows the spouse to permanently live in the country.
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Common law marriage and proof of legitimacy
The USCIS does recognize common-law marriages, but only under certain conditions. For a common-law marriage to be valid for immigration purposes, the couple must live in a jurisdiction that recognizes common-law marriages, and they must meet the qualifications for common-law marriage in that jurisdiction. Some states that recognize common-law marriages include Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, and Texas.
If an official civil record cannot be produced, secondary evidence may be accepted on a case-by-case basis. An officer has the right to request an original record if there is any doubt about the authenticity of the record. The concept of common-law marriage presupposes an honest, good-faith intention on the part of two persons who are free to marry and live together as husband and wife from the beginning of their relationship.
To prove the legitimacy of a common-law marriage, it is essential to demonstrate that the marriage meets the requirements of the relevant jurisdiction. This may include providing evidence such as an affidavit, signed legal documents with the same last name, and demonstrating that the relationship was not a casual live-in arrangement but a bona fide marriage. USCIS officers will scrutinize the legality of the common-law marriage and ensure that all requirements were met.
Additionally, the government will assess whether the marriage is not only legally valid but also bona fide—not a sham or fraud to obtain a green card under false pretenses. Factors that USCIS officers may consider when determining the validity of a common-law marriage include the intent and understanding of both parties at the beginning of the cohabitation period, how they introduced each other to others, and whether they signed legal documents with the same last name.
It is important to note that while common-law marriage can be a path to permanent residence and naturalization, there may be additional requirements and restrictions. For example, an applicant seeking parole in place under the Keeping Families Together program based on a common-law marriage should submit a copy of the statute, regulation, or case law outlining the requirements for establishing a common-law marriage in their jurisdiction. They should also submit evidence demonstrating that they met these requirements on or before the specified date.
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Common law marriage and divorce
Common law marriages are legally recognised in some states, and where recognised, they are treated the same as conventional marriages. This means that common law married couples must go through the same divorce process as couples who are officially married.
However, a key difference is that common law marriages lack a paper trail, making it difficult to prove that a couple is married under common law, which is necessary for divorce. The requirements for common law marriage are set by the states, and they vary significantly. For example, some states require couples to live together for a certain period to be considered married under common law, while in other states, cohabitation is not a factor.
In Texas, for instance, there are three criteria for a judge to uphold a common law marriage: an agreement between two people to be married, living together as husband and wife in Texas, and presenting themselves to others as a married couple. If a couple does not meet these criteria, they may not qualify for a common law marriage.
USCIS recognises common law marriages for naturalisation purposes if the marriage is valid and recognised by the state in which it was established. The parties must live in and meet the qualifications for common law marriage in that jurisdiction. This recognition applies even if the naturalisation application is filed in a jurisdiction that does not recognise common law marriage.
Overall, while common law marriages are recognised in some states and by USCIS for specific purposes, the divorce process can be more complex due to the need to first prove the existence of a valid common law marriage.
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Frequently asked questions
Yes, USCIS recognizes common-law marriages for purposes of naturalization if the marriage was valid and recognized by the state in which it was established. This applies even if the naturalization application is filed in a jurisdiction that does not recognize common-law marriages.
The requirements for a common-law marriage to be recognized by USCIS vary by jurisdiction. In general, the parties must live in and meet the qualifications for common-law marriage in that jurisdiction. Some common-law states set more restrictive parameters, like a specific number of years spent in cohabitation. It is the immigrant's responsibility to demonstrate that these conditions are met.
To prove a common-law marriage to USCIS, you may need to submit evidence such as a copy of the statute outlining the requirements for common-law marriage in your jurisdiction and proof that you met those requirements. USCIS officers will also consider factors such as your intent at the beginning of the cohabitation period and how you introduced your partner to friends, family, and colleagues.
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