South Carolina recognizes common law marriage and aliens residing in South Carolina may be considered lawful spouses under the common law system. An immigrant petitioner/applicant seeking to (1) adjust status based on marriage or (2) seek cancellation of removal based on his/her qualifying relative being his/her common law U.S. citizen spouse is eligible to use his/her status as a common law spouse in South Carolina to attempt to adjust status or apply for cancellation of removal.
The process to indicate or prove South Carolina common law marriage is relatively painless, assuming the petitioner and his/her potential common law spouse meet the elements required of a common law marriage. Assuming the elements are met, South Carolina has a common law registry whereby the petitioner and his/her spouse file affidavits and other supporting documents indicating common law marriage exists. The common law marriage, if approved, is then registered in the Probate Registry. The petitioner then provides USCIS and/or EOIR with Probate Registry documentation as proof of common law marriage in order to adjust status or seek cancellation of removal.
Miller|Conway, South Carolina immigration lawyers, help clients adjust status to that of a legal permanent resident (green-card holder). Should you or a loved one want to explore the possibility of becoming a legal permanent resident and get a green card call Miller|Conway at 843.764.3334. You may also contact the firm via twitter, facebook or Miller|Conway’s CONTACT webpage. For further information regarding immigration law, Miller|Conway’s immigration services and immigration NEWS click on the above links.
Call Miller|Conway at 843.764.3334