If a couple has a common law marriage with an agreement made before a notary in their home country with info about the relationship such as date of the relationship, assets distribution, etc, which in the foreign country is the equivalent of a marriage, can the partner come as a dependent on an EB-5 application? What documentation would I need?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyThe U.S. does not recognize this type of common laws marriage for green card purposes; you need to have a regular conventional marriage to apply for immigration benefits.
Dawei Gongsun
Find an EB-5 Visa Lawyer: Immigration AttorneyYes, provided you prove it is a valid marriage in your home country, so prepare all documents to support that.
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyBut it is documented? Like a stable/civil union? That may be OK, but a true common law marriage without anything to show documents wise will be a much tougher ask.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyYou will need to look at the DOS Reciprocity Schedule for that country and then Marriage Certificate to see what is required.
Charles Foster
Find an EB-5 Visa Lawyer: Immigration AttorneyYes, your common law spouse can qualify as your dependent if you can establish he or she clearly meets the legal requirements for a common law spouse in the home country. But it may be safer just to enter into a formal marriage.
Dale Schwartz
Find an EB-5 Visa Lawyer: Immigration AttorneyYes, include her when the case gets to the National Visa Center.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyYes. If it is recognized in your country that you are so recognize it. You need to prove that you met the requirements for a common law marriage in your country. Whatever those requirements are.
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