common law marriage affecting I-130 status?

[chromedOut]

I'm in an inquisitive mood today. same friend that is frustrated about the snail's pace of her PD is worried about how her relationship may affect her I-130.

she's family sponsored first preference (unmarried daughter of citizen). she is aware that she will forfeit her status if she gets married -- her boyfriend is illegal (I'm not sure if he's illegal illegal or simply an overstay). however, she has been living with her boyfriend for a number of years. and I believe her relationship meets the "common marriage" conditions. will this put her at risk when it comes time to file her AOS?

she is also looking to get pregnant, and I addressed that with her. she's prepared to state in the interview that it was an unwanted pregnancy and that she's a single parent.

 

[Bella Blues]

Depends what state she lives in

Hi Chromed,

From what I know, all states have a different number of years of living together for it to be considered "common law marriage." I know that here in California where I'm from, it is 10 years so it really depends on where your friend lives. What state is she from?

 

[chromedOut]

I am aware that definitions vary by state. she lives in texas and length of cohabitation isn't defined. but it is understood to be anywhere from 2-3 years. she obviously meets that.