Common-law marriage for J2

Immigration is a federal matter, so how one is treated in a particular state has no bearing. If you were common law in your home country, you can be admitted on B2 as a cohabiting person.

Thanks for your reply, but I think you may have missed the point.

Of course immigration is a federal matter, but marriage is a state matter - regulated and sanctioned by individual states. There is no 'federal' marriage certificate.

The question is: if a state recognizes a common law marriage as fully, legally equal and equivalent to a traditional marriage (as Colorado does, for example), then will the fed's reject it anyway? I've seen conflicting information on this.

FYI, my wife was able to get her J2 without any trouble (with our documentation of a common law marriage in Colorado). Now we have to apply for her work authorization, where we again have to 'certify' the marriage. Ugh.

The definition of spouse for immigration matters is indeed a federal matter. The fact that they have a cohabiting partner visa should indicate that they feel there is a difference, "full faith and credit" notwithstanding (hows that for a constitutional mixed-metaphor).

While a J2 I-94 was issued by CBP, as you mention the CIS issuing the EAD will be a different matter.

Since, by reg, a J1/J2 is not even a resident of US (remember to keep filing your taxes in canada), it may be difficult to rely on the common law rules of a state in which you are not considered resident to establish your marital regime.

All the best.

Okay. Thanks again for the info agnelson.

We will post our experience here once we've got a ruling regarding employment authorization. We obtained a letter from a Colorado lawyer explaining our situation, and signed an affidavit of common law marriage as well. Hoping for the best...

Cheers