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Questions and Answers > EB-5 Investments

If a common law marriage is recognized in my home country, how can I add my partner as a dependent on my EB-5 application?

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?

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Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The 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.

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    Dawei Gongsun

    Immigration Attorney
    Answered on

    Yes, provided you prove it is a valid marriage in your home country, so prepare all documents to support that.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Yes. 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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    Dale Schwartz

    Immigration Attorney
    Answered on

    Yes, include her when the case gets to the National Visa Center.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, 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.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You will need to look at the DOS Reciprocity Schedule for that country and then Marriage Certificate to see what is required.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    But 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.