Can Common law partner apply for TD Visa

J

joe2021

New Member
I am planning to apply TD for my 2 kids and my partner. As being in common law we do not have any official documents.
Just wondering what proofs should I present in order for my wife to get TD visa.
Any advice or pointers to right resource is highly appreciated .
 
It is a bit of a murky situation.

TN and TD are NON-immigrant statuses. (which means not a Green card application).

So, your "spouse" would be entering on a non-immigrant status.

USCIS does NOT recognize commom-law spouses with regards to "dependent" statues.

However, the state department does recognze in most instances, coommon law marriage in a visa application:
The problem for Cdns is that we do not (and typically cannot) apply for TD visa, we apply for TD status at the border.

I would consult with a lawyer on this before committing to the new job (or get married)
 
Thanks Nelson !! So for now can I get my kids with TD and spouse enter US with B1 and after having marriage certificate apply TD ?
 
B2, sure. But B2 requires proof of foreign residence at all times, which TN and TD do not.

You do not have to wait for the official marriage cert issued by Govt, as long as you have the recent paperwork issued/signed on the day of wedding.
 
We have residence in Canada .... Thanks for your advice and the link you shared has very useful information.
 
Obviously you have residence in Canada...right now. Once on TN you do not need that, but your spouse will until she gets TD.
 
nelsona said:
B2, sure. But B2 requires proof of foreign residence at all times, which TN and TD do not.

You do not have to wait for the official marriage cert issued by Govt, as long as you have the recent paperwork issued/signed on the day of wedding.
Click to expand...
Just an update to close the thread. I was able to get TD status for my spouse with some paperwork I had with me.

@nelsona , Thanks for your valuable advice.
 
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