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Im a u.s citizen and and my boyfriend is illegal could common law marriage work for us in getting his green card,

Dallas, TX |

I have alots of proof of my relationship wit him, we also have a four year old boy!

Attorney Answers 2



Thank you for your question.

Generally, USCIS recognizes common-law marriages in those states that recognize common-law marriages. For Texas, in order to be considered common-law married, you have to meet the requirements of Texas Family Code §2.401 for an "informal marriage". See for specific details. Of course, you and your boyfriend could also get married so that you have a formal marriage certificate.

Assuming that your boyfriend last entered the U.S. lawfully, and is not inadmissible to the United States (, he may be eligible to apply for Adjustment of Status (green card). Please visit my site for additional detailed information:

If your husband did not last enter the U.S. lawfully, he may still be able to pursue a green card through another process - Immigrant Visa Processing.

If your husband is inadmissible to the United States, he may need a waiver, assuming one is available.

To receive a thorough professional analysis on your case, please feel free to schedule a consultation by visiting or calling (716) 854-7525.

Thank you. I wish you the best of luck.

Nisha V. Fontaine, Esq.
Serotte Reich Wilson, LLP

and/or is not inadmissible to the United States

are: 1) Did your boyfriend last enter the U.S. lawfully (i.e. with a visa? inspected by immigration officials?)

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I asked immigration consultant in immigration office in dallas, they said they dont accept common law, are you sure they accept?


If common law marriage is recognized in your state you might be able to petition him. In order for him to get the green card in the US, he must either have entered the US legally, or must qualify for 245(i).

You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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