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Does My Common-Law Partner Qualify as a U.S. Immigration Spouse?

How USCIS Views Common-Law Marriage

USCIS may recognize common-law marriages if they meet two key criteria:

1️, Legal Recognition – Your common-law marriage must be legally recognized in the jurisdiction where it was established.
2️. Equal Rights & Duties – The relationship must grant the same legal rights and responsibilities as a traditional marriage in that jurisdiction.

What You Need to Prove

When filing an immigration petition for a common-law spouse, include documentation showing:
1. The legal recognition of your common-law marriage where it was conducted.
2. Evidence that your relationship carries the same rights and obligations as a traditional marriage (e.g., shared assets, cohabitation proof).

Meeting these requirements can strengthen your case and improve your chances of USCIS approval.

Last Updated on March 1, 2025 by Ernest J. Edwards

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Ernest J. Edwards Immigration Lawyer
Ernest J. Edwards is an immigration lawyer focused on providing guidance for employers, professionals and families aimed at assisting them to work, visit and immigrate to the United States.

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