Is Your Marriage Valid Without a License? Residency with Biden’s New Law
Hello, Immigration Nation!
Exciting news for undocumented immigrants married to U.S. citizens! President Biden’s recent executive order is opening new doors, even if your marriage isn’t formally registered. Stay tuned to find out how you can benefit from this new law and what you need to do to qualify.
What’s the New Decree About?
Biden’s latest executive order simplifies the path to permanent residency for immigrants who have lived in the U.S. for at least 10 years and were married to a U.S. citizen before June 17, 2024. But here’s a twist: you might still qualify even if your marriage wasn’t officially registered. This is where common law marriage comes into play.
What is a Common Law Marriage?
A common law marriage means that a couple is considered legally married without a formal wedding ceremony. For instance:
Mariana, a U.S. citizen, and Luis, an immigrant, have lived together for a decade. They never had a formal wedding, but they’ve filed taxes together and are recognized as a couple by their friends and family.
Does this sound like your situation? Let us know how this news might impact you!
How to Determine if Your Common Law Marriage is Valid
To confirm your common law marriage, make sure you meet these four requirements:
- Cohabitation: There’s no set minimum time, but the longer you’ve lived together, the better.
- Capacity to Marry: Both individuals must legally be able to marry, meaning they are of legal age and not currently married to someone else. For example, if Luis hadn’t divorced his previous spouse in Mexico, he wouldn’t be able to benefit from his marriage with Mariana.
- Intent to Marry: You need to show an intention to be married, not just a commitment.
- Presenting as Married: You should present yourselves as a married couple to friends and family, which can include using shared surnames or filing joint tax returns.
State Recognition of Common Law Marriages
These marriages are only recognized in certain states: Colorado, Iowa, Kansas, Montana, New Hampshire, Rhode Island, South Carolina, Texas, Utah, and Oklahoma. If you live in one of these states, USCIS will also recognize your marriage for immigration purposes. You can find more information on the USCIS website—link provided in the description.
Rights and Obligations in a Common Law Marriage
Even without a formal license, couples in a common law marriage have similar rights to those who are formally married. This includes inheritance rights, spousal benefits, and the necessity of a formal divorce to dissolve the marriage. For LGBT couples, laws may vary by state, but the same requirements apply.
Steps to Secure Your Residency
If you meet the requirements, follow these steps to apply for permanent residency:
- Marriage Confirmation: Verify that your marriage complies with your state’s legal requirements.
- Legal Consultation: Consult an immigration lawyer to understand how the decree applies to your situation and to ensure you meet all requirements.
- Gather Documentation: Collect evidence to prove your marriage is genuine. Examples include:
- Joint lease agreements
- Joint bank accounts
- Joint tax returns
- Correspondence and packages showing you live together
- Testimonials from friends and family
- Apply for Adjustment of Status: If eligible, submit your application to adjust your status to a green card holder. This includes forms such as Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status).
Biden’s new executive order could be a game-changer for your immigration status, even if your marriage is common law. If you’ve lived in the U.S. for at least 10 years and have a solid relationship with a U.S. citizen, this could be your chance!
Every case is unique, so seeking advice from a specialized immigration lawyer is crucial to confirm your eligibility. For a detailed breakdown of Biden’s executive order and its benefits, check out the video linked below.
We’d love to hear your thoughts and questions in the comments. We’re here to help you navigate this process and maximize this opportunity!
Stay informed, stay safe, and remember, we’re in this together!
