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Does USCIS care about Ontario common law relationships?

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Filed: IR-1/CR-1 Visa Country: Canada
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I'm actually not too worried here but I just wanted to get some opinions and experiences.  I am a USC and my fiance is a Canadian citizen living in Toronto.  We will be getting married at city hall next month and filing and I-130 to start the CR-1 process.  Prior to meeting me, she was engaged to a different partner which she eventually separated from.  The two were never legally married, never had any form of ceremony, and always filed their taxes separately and as "Single".  However, they did jointly buy an apartment which they lived together in for over 3 years.  I recently learned that under Ontario law, this is establishes a "common law relationship" which apparently means that parties can be entitled to alimony (among other things).  When things fell apart, she got a lawyer involved to draft a separation which didn't end up with any alimony or ongoing issues (she just sold her equity in the property to her ex). 

 

My question is whether or not USCIS/DOS will consider this a form of marriage in anyway (i.e., do we need list as a former spouse on I-130A?  Do we need to show proof of separation?).  Based on my reading of USCIS guidelines, the answer is no.  Furthermore, it seems Ontario doesn't even consider common-law relationships to be full marriages (the rights granted are not the same between a legal marriage and a common-law relationship).  Any Canadians here have any further insight on the matter?

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Filed: AOS (apr) Country: Canada
Timeline

it was not a legal spouse so no, it wouldnt be listed as such and you would not list the person as a spouse.

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

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No they dont.  I was common law with my ex for just under 9 years.  Alberta gives common-law partners the same rights as married ones too.  Because you can get married, common law doesn't even cross the USCIS thought process. In the USA, most common-law partners need to actually divorce vs just separate like we can in Canada.  

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

I had a past common law relationship and filed taxes jointly. To be honest I never even thought about it until you mentioned it. We never drafted up any sort of separation agreement or saw a lawyer. We just sat down and figured out how to split up our assets and went our separate ways.

 

The only thing I was asked in the interview was whether I was married before and whether I had gone by any other names. I think one of the only times they care about past relationships is if you have kids with someone else. I think it has more to do with the custody arrangement.

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On 6/24/2018 at 12:45 PM, acidrain said:

I had a past common law relationship and filed taxes jointly. To be honest I never even thought about it until you mentioned it. We never drafted up any sort of separation agreement or saw a lawyer. We just sat down and figured out how to split up our assets and went our separate ways.

 

The only thing I was asked in the interview was whether I was married before and whether I had gone by any other names. I think one of the only times they care about past relationships is if you have kids with someone else. I think it has more to do with the custody arrangement.

And only if the children are moving to the USA. 

 

I wasn't asked any questions about my child.  She never moved here.  Chose to stay with dad and since I refuse to put my child through the courts for the rest of her childhood, I said ok. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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