Common-law marriage for J2

[Rivkah]

My common-law husband is on a J1 visa, and I am would like to get a J2 visa to be able to live with him and get a work permit. Is it possible to get a lawyer's certificate to explain that we are legally married in Canada, to be able to get a J2 dependent visa for me? If it makes a difference, he works and lives in California, which says it recognizes common law from other states, but we're not sure about other countries. Thanks!

Edited to add relevant details: I'm currently visiting him here in California, but am leaving October 28. I would like to come back in November on a spousal visa, but otherwise as a tourist until Christmas. If the spousal visa possibility does not work, will it be a problem to cross the border to visit him since it is still less than 180 days? Does it make a difference if I can present a return-ticket?

[agnelson]

You can enter under the new "co-habiting partner" rules, as a B-2. This is a little better than regular B-2, since you will be able to renew it by mail if you decide not to leave every six months. Otherwise it's the same as anyone other tourist entry: subject to six month limit, and requiring you maintain FULL Cdn residence, and would NOT get you the work permit. (btw, J status would require that you BOTH maintain Cdn residence anyways, so this shouldn't be a problem) If you married and got J2, not only would you be able to stay in US full-time, you could also work with a J-2 visa.
http://travel.state.gov/visa/laws/teleg ... _1414.html
So you might want to look at making it official.


The california rules don't matter, immigration is a federal law. And there is no certificate for common law marriage that would be acceptable to US. (Does one even exist?)

[toronto5481]

why not... JUST GET MARRIED? It's 45 bucks for a marriage license, appear in front of a judge at your local court house, 20 minutes later you're married and end of story.

There is NO such thing as common-law marriage in the USA. If you need to live in a foreign country for a period of time, you really do have to abide by that country's laws.

See the California Department of Public Health for more info on marriages in that state. http://www.cdph.ca.gov/CERTLIC/BIRTHDEA ... ation.aspx


It's amazing how Canadians want to go to the US and expect for the US to accomodate them and apply Canadian laws lol

Seriously...

[agnelson]

"why not... JUST GET MARRIED? "

Amen.


The biggest objection I always hear to this clear and simple advice is "I'm not in a legal position to do so" (ie they are still married to someone else)

Huh? If you aren't in a legal position to marry, then you aren't in common law marriage either.

[Dremani]

LOl C'mon toronto... & agnelson settle down now.

However they are both right. Common law is recognized in Canada so if marriage is not in the plans you might want to migrate there when you are both ready.

[toronto5481]

Hey, I'm just sayin'... It is what it is!

[Reba]

as agnelson already pointed out, Immigration is federal law, so regardless of which state your boyfriend lives in, US federal law does not recognize common-law partnerships. Unfortunately, this makes you ineligible for derivative J status.

If you want to be able to live together legally in the US and able to work, either get married, or find and employer who will sponsor you for a TN.

[Rivkah]

Thank you for your help. We have not gotten married because ideally we would prefer a more traditional wedding, but if I don't find a job, I guess that is what will happen.

My other question is about health insurance. Because I'm currently here on as a tourist, I have OHIP and Blue Cross insurance. I want to confirm that I am allowed to spend 180 days TOTAL in the US (regardless of them not being consecutive) without losing OHIP coverage.