Married or Not to be married??

JustJonno · #1 (**permalink**) 18th February 2009, 06:46 PM

Hey there.. some interesting reading on here to say the least, but there's something thats cropped up in my own personal story that i need some clarification on, (my dads official person is taking his sweet time in getting back to us...)

We're moving over to the USA next july and my dad (who has had a GC for 5 years,) and my step-mom (USC) are going to sponsor me and my partner and kids for our own GC's and permits etc.. we're also going to go for dual nationality too once we have them but thats for another post....

The question i have is that at the moment myself and my partner aren't married, but we have 2 kids together and have been together for 10 years.. In the UK this constitutes common-law husband and wife, but i'm not sure if we would have to be married for the purposes of the sponsorship?? can anyone shed any light on this for us?

Thanks.. Jonno

Bevdeforges · #2 (**permalink**) 18th February 2009, 07:21 PM

Quote:

Originally Posted by JustJonno

The question i have is that at the moment myself and my partner aren't married, but we have 2 kids together and have been together for 10 years.. In the UK this constitutes common-law husband and wife, but i'm not sure if we would have to be married for the purposes of the sponsorship?? can anyone shed any light on this for us?

I was wondering about that when I saw your other post. As "partners" your partner has no rights whatsoever when it comes to sponsorship for the US. If you're hoping to live in the US, you'll have to make and honest woman of her.

Seriously, the Americans are real sticklers about this. While there are rumored to be a few states that still recognize "common law" spouses, for immigration purposes it doesn't matter how long you've been together or how many kids you have. You have to do the deed to have the relationship recognized.
Cheers,
Bev

Fatbrit · #3 (**permalink**) 18th February 2009, 07:27 PM

Has anyone filed a petition for you, yet? If so who and in what category?

Fatbrit · #4 (**permalink**) 18th February 2009, 07:29 PM

Quote:

Originally Posted by Bevdeforges

I was wondering about that when I saw your other post. As "partners" your partner has no rights whatsoever when it comes to sponsorship for the US. If you're hoping to live in the US, you'll have to make and honest woman of her.

Seriously, the Americans are real sticklers about this. While there are rumored to be a few states that still recognize "common law" spouses, for immigration purposes it doesn't matter how long you've been together or how many kids you have. You have to do the deed to have the relationship recognized.
Cheers,
Bev

If it's an F2B petition by his father, it will end with marriage. Rock and a hard place!

twostep · #5 (**permalink**) 18th February 2009, 07:46 PM

First your father has to have his citizenship. As GC holder he cannot sponsor you.

You have to get married. Common law is recognized but not for immigration purposes.

Fatbrit · #6 (**permalink**) 18th February 2009, 08:14 PM

Quote:

Originally Posted by twostep

First your father has to have his citizenship. As GC holder he cannot sponsor you.

As a PR, he can sponsor his unmarried son. As soon as the son marries, the petition dies.

JustJonno · #7 (**permalink**) 18th February 2009, 08:35 PM

Quote:

Originally Posted by Fatbrit

As a PR, he can sponsor his unmarried son. As soon as the son marries, the petition dies.

So if we were to go over unmarried he could petition for me and not here as the mother of my children, and if we married he couldn't sponsor us at all????

you've got me kinda worried now.

Jonno

lambstew · #8 (**permalink**) 18th February 2009, 08:39 PM

woah americans require you to be married before you can have a resident visa based on partnership??? this *rule* just adds to their divorce rate. i guess they do this so their divorce lawyers can make money and bring $$ to their pathetic economy

cheers!

Veronica · #9 (**permalink**) 18th February 2009, 09:06 PM

The question i have is that at the moment myself and my partner aren't married, but we have 2 kids together and have been together for 10 years.. In the UK this constitutes common-law husband and wife, but i'm not sure if we would have to be married for the purposes of the sponsorship?? can anyone shed any light on this for us?

Thanks.. Jonno[/QUOTE

There is no such thing as common law husband and wife in the Uk despite what many people seem to think.
If you are not married she is not classed as your next of kin and if anything were to happen her LEGAL next of kin would take presidence over you.
Although you can do as much as possbile to safeguard each others interests common-law partnerships are not recognised by law.

http://www.politics.co.uk/news/children-and-family/-no-such-thing-as-common-law-marriage--$1236545.htm

JustJonno · #10 (**permalink**) 18th February 2009, 09:19 PM

Thanks for clearing that up Veronica, but i did say "constitutes" not Legally.. i'm fully aware that there's no such thing and there never has been such a thing as common-law marriage, its a myth. I used the term as most others do, as a way to describe the length of time together with my partner..
I'm still at a loss as to just what this means on our sponsorship though now, i'm more confused now than i was when we started.. lol