L2 visa question

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Bailey007MNew Member
Topic author
Posts: 3
Joined: 19 Mar 2008
Location: Toronto

L2 visa question

Post Wed Mar 19, 2008 10:21 pm

My partner has a L1-B visa and unfortunately despite the fact we've been co-habitating for 3 years (and are considered common-law in other countries), we're not officially married, so I'm ineligible for a L2 (spousal visa).

We're now both in the US and I was hoping to get sponsored for a H1B, but that is looking less and less like an option. I've looked at TN visas but my line of work isn't a supported occupation.

If we go to city hall and get married, will I then qualify for a L2 visa? Do we need to be married a certain period of time? We have proof we've been co-habitating for 3 years.

Can anyone tell me if this would work?
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Post Thu Mar 20, 2008 4:08 am

If you get legally married you will be eligible for derivative visas (if you're a hetero couple, if you're same sex, not eligible)

The US feds do not recognize common-law partnerships as legally binding, so unlike in Canada, you are not considered married. They also do not accept same-sex partnerships, so same sex couples are not eligibe for family/marriage based visas in the US.
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Bailey007MNew Member
Topic author
Posts: 3
Joined: 19 Mar 2008
Location: Toronto

Post Thu Mar 20, 2008 9:50 am

It's a hetero relationship.

I guess my question was what sort of proof do you need? I read somewhere you might need to show a wedding invitation to prove its a ligitimate marriage. If we got married, it would be a quickie at city hall and therefore not have any wedding invitations. We do have proof we have been together and living together for 3 years though.
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Post Fri Mar 21, 2008 7:10 am

I don't think they care how long you've been married. I think someone was confused with the marriage based immigration process if a Canadian were to marry an American and applying for a green card. In your case you're both Canadians so it wouldn't matter.

The only proof you need is your marriage certificate I should think, and depending on where your wedding takes place, it can take a few weeks to a few months to get that. Apparently Ontario is rather slow at getting those out for some reason.
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Bailey007MNew Member
Topic author
Posts: 3
Joined: 19 Mar 2008
Location: Toronto

Post Mon Mar 24, 2008 11:29 pm

Thanks Reba.

It doesn't sound like I really need a lawyer for this.
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