Can I file a visa for my common law wife? 3 Answers as of March 14, 2011

i am a green card holder and presently living in US with my two kids who are 7 and 9 years old . My question is, can I file a petition for my common law wife to be reunited with us here in the US?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
You would first have to demonstrate that your common law marriage has been documented, and recognized in your home country. She would have to wait until her priority date becomes current until she can apply for permission to enter with a permanent visa. I would have to ask if, or when, you become eligible for citizenship, that can change the process significantly. If you wish to discuss the matter more seriously, please feel free to e-mail or phone to set up a consultation in person or by phone.
Answer Applies to: California
Replied: 3/14/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
If you and your wife resided together in a country or state that recognizes "common law" marriages, then you can petition her as your wife. Assuming your wife never lived in the US, then you would have to check on the laws of the country you lived in. Otherwise, you would have to either petition her as a fiance, or travel to where she lives and marry her and then petition her.
Answer Applies to: California
Replied: 3/8/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Federal law does not recognize common law marriage. Immigration is Federal law. thus unfortunately you can't get your common law wife immigration status.
Answer Applies to: Florida
Replied: 3/7/2011
Click to View More Answers: