Keith Mack
The concept of a common-law marriage is recognized in the US, and it can be used for immigration purposes, including obtaining a passport. However, the laws and requirements surrounding common-law marriage vary by state and jurisdiction. For example, in South Carolina, individuals need to prove they are not in a common-law marriage. In contrast, Texas recognizes common-law marriages. To obtain a passport based on a common-law marriage, individuals may need to provide specific documentation and meet the requirements of the relevant jurisdiction.
| Characteristics | Values |
|---|---|
| Common law marriage | Valid if recognised by the state in which it was established |
| Common law marriage and passports | A passport may be issued in a new name based on state law recognising a new name |
| Common law marriage and divorce | Divorce terminates a common law marriage |
| Common law marriage and name changes | A court order may be required to change back to a maiden name |
| Common law marriage and immigration | There are immigration benefits based on marriage |
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What You'll Learn
Common law marriage and passports in Texas
Texas is one of the states that recognize common-law marriage, also known as marriage without formalities or informal marriage. This means that a couple can enter into a legally valid marriage without a marriage certificate or a ceremony.
To prove a common-law marriage in Texas, there are three requirements that must be met: both parties must be at least 18, not related, and not currently married to someone else. In addition, there must be evidence of a present, immediate, and permanent intention to be in a marital relationship, and both parties must "'hold out' as being married, i.e., represent themselves as a married couple to others. This can include introducing each other as spouses, wearing rings on ring fingers, signing credit applications as a married couple, filing joint tax returns, or adding each other to a "family" membership.
It is important to note that there is no "common-law divorce" in Texas. Even if a couple physically separates, their common-law marriage does not automatically end, and they may still need to go through the legal divorce process. If there is a dispute about whether a common-law marriage existed, it may be necessary to go to court to prove the marriage, and Texas law places a two-year statute of limitations on these types of proceedings.
Regarding passports, while I cannot find specific information about passports for those in a common-law marriage in Texas, it appears that the recognition of common-law marriages for legal purposes extends to passport applications. This is because a passport application requires proof of identity and citizenship or residency status, which can be established through various documents, including a marriage certificate for a legal marriage. Therefore, it is likely that a person in a common-law marriage in Texas could apply for a passport using other forms of identification and proof of their marital status. However, it is always advisable to consult official sources or seek legal advice for specific information on the requirements for obtaining a passport in this situation.
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Common law marriage and passports in South Carolina
Common-Law Marriage and Passports in South Carolina
In the United States, common-law marriage is an alternative type of marriage that is recognized in certain states. Couples who are legally recognized as married under common law will be viewed as married in all states, regardless of whether those states recognize common-law marriage.
South Carolina previously recognized common-law marriage, but this changed in 2019. On July 24, 2019, the South Carolina Supreme Court ruled in the case of Stone v. Thompson that new common-law marriages could not be established in the state. This ruling clarified the proof required to establish a common-law marriage. As a result, couples in South Carolina now need a marriage license and a ceremony performed by a legally recognized officiant to be considered married. A notary public or ordained religious leader can perform marriage ceremonies in the state.
For couples who lived together without a marriage license and considered themselves married before July 24, 2019, their relationship can still be recognized as a common-law marriage in South Carolina with the proper proof. However, there may be challenges in proving a common-law marriage, especially in divorce or death situations.
It is important to note that the laws and requirements for common-law marriage vary by state, and individuals should seek legal advice for their specific circumstances. While a common-law marriage may not be directly relevant to obtaining a passport, the marital status of individuals can have legal implications that may impact other areas of their lives, including travel and documentation.
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Common law marriage and passports in Colombia
In Colombia, if you live with your partner for two years, your relationship automatically qualifies as a common-law marriage. This is unlike many countries that do not recognize common-law unions or set longer time frames to qualify. In the case of common-law marriages in Colombia, both partners have equal rights to each other's assets, just as in a traditional marriage.
Now, in terms of passports, it seems that there is no direct link between common-law marriages and passports in Colombia. However, in the United States, common-law marriages are recognized 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 common-law marriages.
In the case of Colombia, if a Colombian citizen with a common-law marriage wishes to obtain a US passport, they may need to provide additional documentation, such as a court order, to change their name back to their maiden name. This is because Colombian citizens have a birth certificate that indicates their current marriage or divorce status, and a citizen cannot marry if their birth certificate shows they are married to someone else.
Therefore, while there is no direct connection between common-law marriage and passports in Colombia, there may be passport-related implications for Colombian citizens with common-law marriages who wish to travel or relocate to the United States.
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Common law marriage and immigration
The term "marriage" is not defined in the INA, but its meaning can be inferred from INA 101(a)(35), which defines the term "spouse." The first thing that immigration authorities consider when determining whether a marriage is valid is whether it was valid under the laws of the jurisdiction in which it was celebrated, whether foreign or domestic. This is known as the "law of place of celebration," and it controls whether a marriage is valid for visa adjudication purposes.
For example, same-sex marriages are valid for immigration purposes as long as the marriage was valid in the place of celebration, regardless of whether the applicant is applying from a country where same-sex marriage is illegal. This is also true for marriages involving transgender persons.
Common-law marriages are recognized by U.S. Citizenship and Immigration Services (USCIS) 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 marriage. The parties must live in the jurisdiction and meet the qualifications for common-law marriage in that jurisdiction. Other states may recognize a common-law marriage contracted in another state even if they do not accept common-law marriage for their own residents.
It is important to note that relationships entered into for purposes of evading immigration laws of the United States are not valid for visa adjudication purposes. The U.S. government does not provide immigration benefits based on sham marriages, i.e., marriages entered into solely to circumvent immigration laws.
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Changing your name after a common law marriage
The process of changing your name after a common-law marriage is similar to that of a traditional marriage. In the United States, marriage laws vary by state, and some states do not recognize common-law marriages. Therefore, it is important to check the laws in your specific state.
In most states, you can take your spouse's last name without applying for a court order. A marriage license or certificate is usually sufficient proof of your name change. However, some institutions may require additional documentation, such as a court order or a marriage verification letter. It is essential to update each document individually, as a name change does not automatically update all your records.
To change your name on a driver's license or state-issued ID, you will likely need to present a certified copy of your marriage certificate, complete the appropriate forms, and submit any necessary fees. The requirements for changing your name on bank accounts, investment accounts, and credit cards may vary, so it is important to check with each financial institution.
If you are changing your name to something other than your spouse's name, the process may be slightly different. In some cases, you may need to obtain a court order or provide additional documentation. It is always important to ensure that your name change is not done criminally or fraudulently.
It is worth noting that the right to change your name after marriage is based on case law, also known as "common law," rather than statute. This means that there may not be specific legislation governing the name change process after a common-law marriage. Therefore, it is advisable to seek legal advice from a family law attorney or a local government official to understand the specific requirements and procedures in your state.
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Frequently asked questions
The validity of a common-law marriage for the purpose of getting a passport depends on the laws of the jurisdiction in which the marriage took place. The marriage must be valid and recognised by the state in which it was established.
A common-law marriage is considered "fully equivalent" to a traditional marriage when the relationship bestows the same legal rights and duties as a lawfully contracted marriage. These include the ability to terminate the relationship by divorce or death, the right to alimony, the right to interstate distribution of an estate, and the right of custody of children.
The documents required to prove a common-law marriage vary depending on the jurisdiction. In some cases, a marriage certificate or other legal proof of marriage may be sufficient. However, in other cases, additional documentation, such as affidavits or court orders, may be necessary.
