Canadian Common Law CR-1/IR-1?

[muchogrande 0]

Hi, my wife and I are recently OFFICALLY married (Oct 21), but have been common law married in Canada for about 9 years. I assumed that we would need to do the CR-1 thing, but after reading this on the Dept of state website:

What is a “Spouse”?

A spouse is a legally wedded husband or wife. Merely living together does not qualify a marriage for immigration. Common-law spouses may qualify as spouses for immigration, but only if the laws of the country where the common-law marriage occurs recognizes common-law marriages and grants them all the same rights and obligations as a traditional marriage. In cases of polygamy, only the first spouse may qualify as a spouse for immigration.

I am wondering if there is any way we can qualify for an IR1. Anyone have experience with this/know where I might be able to find out more?

thanks

-m

Edited January 28, 2010 by muchogrande

[trailmix 77]

Interesting find there, I have never heard of this.

I assume you have stated on all your immigration documents, so far, that you were 'married' on October 21st. Seems to me that fact alone will stop you from pursuing an IR1 - however I am just guessing here.

I think this is one of those questions that a REALLY good immigration lawyer would have to answer.

Please let us know what you find out if you don't get your answer here.

[Flames9_RN 358]

One could pursue a lawyer, but in the end a lawyer "may" cost more than the fees to file the I-751

[trailmix 77]

True

[Flames9_RN 358]

and thats the only real benefit over the ir-1 over the cr-1! 10 yr vs 2 yrs!

[muchogrande 0]

Anyone think emailing the Montreal consulate with this question is a good idea?

[Flames9_RN 358]

can't hurt

[muchogrande 0]

Asked the question to Montreal and they said this:

Your case will be issued as an IR1 if the legal marriage date is over 2

years. Also we have just mailed your information packet this week.

Regards Op1

Still think I'll ask a lawyer.

[Wyatt's Torch 45]

Asked the question to Montreal and they said this:

Your case will be issued as an IR1 if the legal marriage date is over 2

years. Also we have just mailed your information packet this week.

Regards Op1

Still think I'll ask a lawyer.

Honestly, I don't think it's worth it. There isn't much of a difference between CR-1 and IR-1 -- it's just that with a CR-1 you have to spend a bit of money and fill out a few forms in two years. As intimated above, the amount you're going to spend on a lawyer, coupled with the stress of trying to get the consulate to view your case differently is likely not worth it. If Montreal has told you definitively that it needs to be a legal marriage -- NOT common-law -- no lawyer is going to change their mind.

A marriage certificate is a HUGE part of the proof required at all stages of the process -- USCIS, NVC and the Consulate. I don't think they're going to change that for you now.

Edited January 29, 2010 by Wyatt's Torch

[trailmix 77]

I doubt they will change it now either, but it would be great if you asked the question of a good lawyer because it's interesting

The thing is, up to this point you have stated your marriage started in October, I doubt very much that any CO is going to change that now - however, if you don't visit a lawyer, it would be interesting to bring it up at the interview - as long as you are willing to wait while they research it.

[lgg 2]

n/m

Edited January 29, 2010 by lgg

[Wyatt's Torch 45]

Edited January 29, 2010 by Wyatt's Torch

[muchogrande 0]

Yeah, Im sure you people are right. The reason I was hoping to get an IR-1 is that our work has us moving around a lot, so I was concerned about the limitations that would be on her with a CR-1 (in terms of being able to leave the US for extended periods / multiple trips).

I read somewhere that she was allowed 1 year outside of the US in the 2 year wait before removal of conditions. Does anyone know where I can find solid information on that?

thanks

[trailmix 77]

n/m

whaaaaaaaaatttt??

The info on maintaining PR is here, it's the same for a CR or IR:

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

Move to another country intending to live there permanently.

Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Fail to file income tax returns while living outside of the US for any period.

Declare yourself a “nonimmigrant” on your tax returns.

Edited January 29, 2010 by trailmix