Sponsoring Your Common-Law Spouse for Immigration: What You Need to Know

Are you in a common-law marriage with someone who is not a citizen of the United States, and are you wondering if you can sponsor them for immigration? The answer is yes, you can!

Before diving into the process of sponsorship, it's important to understand what a common-law marriage is. A common-law marriage is a legally recognized relationship between two people who live together and consider themselves to be married, but have not formally registered the marriage with the government. In this type of marriage, there is no marriage certificate, but rather a combination of factors that demonstrate that the couple has a committed relationship and intend to be married.

The process of sponsoring a common-law spouse for immigration is similar to sponsoring a married spouse. However, common-law marriage is only recognized in some states in the United States. If your state does recognize common-law marriage, you will need to provide proof of the relationship, such as joint bank accounts, shared lease or mortgage, and other documents showing that you have been living together for a significant amount of time.

It is important to note that just because you are sponsoring your common-law spouse, it does not guarantee that they will be granted a green card. The USCIS will still conduct background checks and review the evidence you provide to ensure that your relationship is genuine.

It can be complicated to establish a legitimate common-law marriage and many immigration officers are unfamiliar with the requirements. Therefore it’s critical to consult with an immigration attorney before starting the process to make sure you are eligible and to help you develop the evidence you’ll need to prove your marriage is bona fide. If you start the immigration process without meeting the legal requirements, your spouse could wind up in deportation proceedings instead of getting a green card.

In conclusion, if you are in a common-law marriage with someone who is not a citizen of the United States, and your state recognizes common-law marriage, you can sponsor them for immigration. The process can be lengthy and requires a lot of documentation, but with the help of an attorney, you can navigate the process successfully.