Can You Get a Green Card By Common-Law Marriage?

When common law marriages may be used as a basis for an application for U.S. lawful permanent residence.

By , J.D.
Need Immigration Help? We've helped 85 clients find attorneys today.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

Both U.S. citizens and lawful permanent residents who enter into marriage with a foreign-born person can help that person get a green card (lawful permanent residence). Among the basic requirements for a marriage-based green card is that the marriage be recognized as legally valid in the place where it occurred. A common law marriage, therefore, may be recognized for immigration purposes if it is legal in the country or U.S. state where the couple lived or currently live and led to the attainment of the same marital rights as are granted to traditionally married couples in that locale.

As background, the definition of a common law marriage is an agreement between a man and woman to become married without a formal civil or religious ceremony. When they take place in other countries, these are also sometimes referred to as "customary" or "tribal" marriages.

Do Many U.S. States Recognize Common Law Marriages?

A minority of U.S. states allow common law marriages, for both opposite-sex and same-sex couples.

Contrary to popular myth, however, merely living together for a certain number of years in those states does not necessarily make you married. You must typically not only live together for a certain period of time, but intend to be married and hold yourselves out as a married couple in interactions with friends, relatives, neighbors, and the public, for example by using the same last name, introducing each other as "my husband" or "my wife," filling out official paperwork such as insurance documents, children's birth certificates, and joint tax returns in a way that indicates your status as a married couple, and so forth.

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.

Will the Consular or Immigration Authorities Recognize the Bona Fides of a Common Law Marriage?

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 who've known you over the years, and so forth.

Nevertheless if, perhaps because you weren't sure whether your common law marriage was legally recognized you didn't take as many steps to combine these other aspects of your life, providing documentary proof of a common law marriage could be slightly more difficult than for traditionally married couples. You might also simply face uncertainty by immigration officials, or subjective opinions along the lines of, "If they really wanted their friends and family to know they were married, why didn't they just have a ceremony?"

See an Attorney

Consider contacting an immigration lawyer to assess whether your common law marriage is likely to satisfy the U.S. immigration authorities and, if so, what sorts of documentary proof you'll need to gather to accompany the foreign-born spouse's application for a green card.

NEED IMMIGRATION HELP ?
Talk to an Immigration attorney.
We've helped 85 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you