State law is relevant for Immigration benefits like I-130 and I-360 (VAWA) Petitions. Texas is a common law state which means that it recognizes marriages whether informal or with all the ceremonies and it accords all marriages the same benefits.
Informal Marriage - Texas
A marriage is recognized as informal in Texas if:
(a) It is between two individuals who are 18 years of age or above;
(b) They agree to be married;
(c) After their agreement, they lived together in Texas as husband and wife;
(d) They presented themselves to others as husband and wife.
If the parties are no longer together because of separation, so long as it has not been two years since the separation, the individual seeking to prove common law marriage must immediately seek to obtain from the court, a declaration of the marriage or file for a divorce, prove informal marriage and obtain a divorce decree.
Proving Informal Marriage to USCIS
Attach the above proof of informal marriage to your declaration and petition to USCIS including the I-485 Request for Adjustment of Status
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