Is Common Law Marriage in New Jersey Recognized for Immigration Purposes?
Index
- What Is Common Law Marriage?
- New Jersey Law on Cohabitation
- Children and Family Considerations
- Property, Agreements, and Estate Planning
- Impact on Immigration & Green Cards
- No Common Law Marriage in NJ: Explore Your Immigration Options with Gozel Law
- Related Resources
Many couples wonder: Is there common law marriage in NJ? In other words, if you live together and share your life as partners, does the law treat you as married?
The answer is clear: New Jersey does not recognize common law marriage (laws conferring the benefits of marriage without a ceremony or exchange of vows).
This legal fact carries serious implications, especially for those considering U.S. immigration options. If you and your partner are living together in New Jersey but not legally married, your relationship will not qualify for a marriage-based Green Card or any immigration benefits through USCIS.
What Is Common Law Marriage?
A common law marriage is when a couple lives together, acts as spouses, and is socially regarded as married without a license or ceremony.
Only a handful of U.S. states recognize this concept, including Colorado, Iowa, Kansas, Montana, South Carolina, and Texas. In these states, couples may be recognized as legally married after meeting certain requirements, including cohabitation and publicly presenting themselves as spouses.
According to U.S. Citizenship and Immigration Services (USCIS), a common law marriage is valid for immigration purposes only if it is legally recognized in the jurisdiction where it was established and if the couple meets that state's requirements. Other states may also recognize such marriages, even if they do not allow their own residents to enter into them.
For immigration and naturalization cases, USCIS officers review the relevant jurisdiction's laws to determine if the couple should be considered legally married. In short, unless state law recognizes the marriage, USCIS will not treat the relationship as a marriage for green card purposes (for further reading, see USCIS Policy Manual chapter).
New Jersey Law on Cohabitation
New Jersey does not recognize common law marriage. This means that no matter how long a couple lives together or presents themselves as married, the state will not treat their relationship as a legal marriage.
The state does, however, provide for domestic partnership registration, though this option is limited to couples over the age of 62. While it may offer certain state-level benefits, it has no effect on immigration or Green Card applications.
For USCIS purposes, couples in New Jersey must obtain a valid civil marriage license to be recognized as married and receive immigration benefits.
Children and Family Considerations
In New Jersey, if a couple is not legally married, paternity is not automatically recognized. The father must establish it by signing the birth certificate or through a legal process.
For immigration purposes, having children together does not make you legally married. Even if you are raising children as a family, USCIS requires a valid marriage certificate for a marriage-based Green Card.
Property, Agreements, and Estate Planning
Unmarried couples in New Jersey can safeguard their interests by using legal documents such as cohabitation agreements, wills, and powers of attorney. These documents may address issues such as property ownership, inheritance, and decision-making in the event of illness or incapacity.
However, while these arrangements may provide important protections under state law, they do not replace a legally recognized marriage for immigration purposes. For USCIS, only a valid civil marriage certificate establishes eligibility for a marriage-based green card.
Impact on Immigration & Green Cards
For immigration purposes, the U.S. Citizenship and Immigration Services (USCIS) requires a legal marriage certificate. Simply living together, even for many years, does not qualify as a marriage under U.S. immigration law.
Because New Jersey does not recognize common law marriage, couples residing in the state cannot apply for a marriage-based green card based on cohabitation. Filing without a valid marriage certificate creates a serious risk of denial.
If you are planning to adjust your status or petition for a spouse, your options are clear:
- Obtain a legal marriage in New Jersey (civil marriage license).
- Consider a fiancé(e) visa (K-1) if you are not yet married but plan to marry in the U.S.
- Or, depending on your situation, explore other immigration categories, such as employment-based visas or national interest waivers.
No Common Law Marriage in NJ: Explore Your Immigration Options with Gozel Law
Neither New Jersey law nor USCIS recognizes common law marriage for immigration purposes. The only way to obtain a marriage-based green card in New Jersey is through a civil marriage certificate.
If you live together in New Jersey and are considering applying for a Green Card, consult an experienced immigration attorney. Our experienced legal team can help you understand your options and guide you confidently through the process.
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