Commonlaw Wife
Aug 27th 2009, 10:52 am
#16
Joined: Apr 2002
Posts: 35,082
Re: Commonlaw Wife
What is clearer is that it is *easiest* to simply marry and get the immigration benefits you actually want. It may be *possible* to do what you want to do when you want to do it, but someone is very likely to remind you that this isn't Burger King.
Aren't you settled in your new home now?
PS: we rushed the wedding part so that we could have the Life part that we really wanted. 7 years now, so it can work out just fine.
Aug 27th 2009, 3:32 pm
#17
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Commonlaw Wife
OK so we have been together for 5 years and while happy together dont feel the need to get married (well until this issue came up! :-) ). So to be accepted for canada we had to complete a declaration of our status and complete and form which is signed in the presence of a lawyer that indicates that we are common law man and wife. This form got sent to the Canadian immigration folks and they accepted it, the forms asks how long we have been together, do we have shared assets etc to show that we have not just met. I kind of what to get married once we are settled in our new home rather than rush it now.
It is important though that she can work and continue her career as well.
Does that make things clearer?
It is important though that she can work and continue her career as well.
Does that make things clearer?
The key question question which you do not address -- did you and your lady hold yourself out to the world as married or not?
Aug 27th 2009, 9:44 pm
#18
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Joined: Dec 2003
Location: Boston / Guipúzcoa
Posts: 718
Re: Commonlaw Wife
But, as I believe Mr F. is trying to ascertain, you may already be married in the eyes of the law.
- Eric S.
Aug 28th 2009, 3:53 am
#19
Joined: Apr 2002
Posts: 35,082
Re: Commonlaw Wife
A person I know there has been with his opposite gender partner for going on 20 years now, they have three kids and have lived together continuously and have never said 'husband', 'wife', 'married' etc, they always say partner.
I wonder how that calculates in US lingo.
Aug 28th 2009, 6:38 am
#24
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Commonlaw Wife
Regardless of if a common law couple is telling the world they are married, wouldn't some authority have to issue a document before immigration benefits would be granted?
Aug 28th 2009, 7:08 am
#25
Account Closed
Joined: Mar 2004
Posts: 2
Re: Commonlaw Wife
Everybody I know in this situation usually makes apoint of saying they are not married, they may well have legal affairs drawn up to deal with death/seperation etc that might work.
Aug 31st 2009, 4:06 am
#26
Just Joined
Joined: Aug 2009
Posts: 10
Re: Commonlaw Wife
This may be a bit different but I know some people from my home country Zimbabwe who have got visas as common law wives to go and live in USA. It may be diff if you are from the UK. In Zimbabwe when someone says they are married it means they have done some traditional stuff like paying lobola to each other's families (and there is no paperwork to prove this) and immigration doesnt seem to have a problem normally where the couple have kids together. I am sure this will be a diff story if you are a UKC as things are different here. To be married actually means you have had a wedding....
Aug 31st 2009, 4:20 am
#27
Lost in BE Cyberspace
Joined: Jun 2005
Location: Oz -> UK -> San Diego
Posts: 9,912
Re: Commonlaw Wife
Hmmmm we got married in the US but didn't have a wedding as such (in British/Australian usage of the word "wedding" which has celebratory overtones).
OP: Just do the formal registry office bit. You will then have the definitive answer. The rest will likely fall into place.
OP: Just do the formal registry office bit. You will then have the definitive answer. The rest will likely fall into place.
Aug 31st 2009, 11:54 am
#28
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Commonlaw Wife
Hi:
No, it was not all that uncommon for people to start living together without the benefit of a wedding and live together for years -- but tell other people that they were married. That is the definition of "common law marriage." However, as noted above, this no longer exists in the UK.
That said, as a matter of proof, it is easier to just get married. Quite often, the issue of common law marriage will arise in either family law [when the relation breaks up] or in questions of testate or intestate succession [when one of the spouses is quite dead and therefore incapable of taking part in a marriage ceremony].
No, it was not all that uncommon for people to start living together without the benefit of a wedding and live together for years -- but tell other people that they were married. That is the definition of "common law marriage." However, as noted above, this no longer exists in the UK.
That said, as a matter of proof, it is easier to just get married. Quite often, the issue of common law marriage will arise in either family law [when the relation breaks up] or in questions of testate or intestate succession [when one of the spouses is quite dead and therefore incapable of taking part in a marriage ceremony].
Oct 9th 2009, 10:32 am
#29
Forum Regular
Thread Starter
Joined: Apr 2008
Location: T.O
Posts: 141
Re: Commonlaw Wife
Hmmmm we got married in the US but didn't have a wedding as such (in British/Australian usage of the word "wedding" which has celebratory overtones).
OP: Just do the formal registry office bit. You will then have the definitive answer. The rest will likely fall into place.
OP: Just do the formal registry office bit. You will then have the definitive answer. The rest will likely fall into place.
So going ahead with a wedding in a few months time! :-) So in the meantime we are going to go with a B-1 visa (Think that is right) which means she cant work. After we get married what is the process of changing a B to a J visa? Is is easy or lots of trouble?
Thanks,
P
Oct 9th 2009, 10:57 am
#30
BE Forum Addict
Joined: Aug 2007
Location: Mississippi
Posts: 1,544
Re: Commonlaw Wife
Hi all,
So going ahead with a wedding in a few months time! :-) So in the meantime we are going to go with a B-1 visa (Think that is right) which means she cant work. After we get married what is the process of changing a B to a J visa? Is is easy or lots of trouble?
Thanks,
P
So going ahead with a wedding in a few months time! :-) So in the meantime we are going to go with a B-1 visa (Think that is right) which means she cant work. After we get married what is the process of changing a B to a J visa? Is is easy or lots of trouble?
Thanks,
P
