Legal Question in Immigration Law in California

Definition of marital relationship

I'm a E2 visa holder. My girlfriend (alien, same country of origin) who I met in the U.S, and with whom I just had a child (U.S Citizen) need to get a new visa next September. I understand my visa can provide her with the ability to work here in the U.S if we qualify as having a ''marital relatioship''. We do indeed live together for the past 2 years, and have on child, but are not legally married.

Can we claim having a ''marital relationship''? even if we are not legally married. Is having a child and living together for an extende period of time the equivalent of a marriage for the I.N.S???

Thanks.


Asked on 2/22/03, 1:40 am

1 Answer from Attorneys

Gabriel Jack Muston & Jack P.C.

Re: Definition of marital relationship

NO, COMMON-LAW MARRIAGE IS NOT RECOGNIZED IN CALIFORNIA, so you cannot be considered legally married until you through the ceremony and have it recorded. Call me if you would like to discuss.

Gabriel D. Jack

Atty. at Law

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Answered on 2/22/03, 2:29 am


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