Worried about dependent Visa !!!

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  1. #1
    inprov

    Worried about dependent Visa !!!

    My husband may be going to work in his company's HK office at a relatively high level. I am very worried about being granted a dependent visa as we have no marriage license! We have three children and had a small ceremony ten years ago that was not exactly legal, but we live in a commonlaw state, so it never mattered, as we are legally married here. We have filed our taxes as a married couple and we own a home together.

    What should we do? Will we have a problem? Nobody knows that we do not have a marriage license, it will be quite embarrassing if it becomes an issue. Should we go to Vegas and have a quickie wedding or would that be silly?

    Thanks!


  2. #2

    Join Date
    May 2006
    Posts
    151

    You must be married and provide the original and copy of your wedding certificate. No dependents visa will be given without this i'm afraid.


  3. #3
    inprov

    I am legally married.

    My common law marriage is in fact 1oo% legal and would be recognized throughout the US. It is not merely cohabitation. I would actually need a legal divorce if we were to separate. I can get an affadavit stating this. We just do not have a marriage license. I have documents that consider us husband and wife. Our tax returns are always married filing jointly as we are dependents.(We have three children)

    Could I really be denied a visa? We could just go to city hall next week and get a marriage license stating that we just became married now. You can not obtain one retroactively, although the affadavit it legal here, just as a license would be.

    This is crazy.
    What should I do?


  4. #4

    Join Date
    Jun 2005
    Location
    Hong Kong
    Posts
    23,205

    Ask the Immigration Department: [email protected]

    But from what I have seen, the rules are very clear - no marriage, no dependent visa, and they have a fairly black & white definition of what constitutes marriage. Many countries give "pseudo-married" rights to all sorts of people for all sorts of reasons (tax, inheritence, etc., etc.); HK Immigration isn't one of them.

    Having said that they might well be open to giving you a sequence of extended visitor's visas which would allow you to live here but would not give you the right to work.


  5. #5
    inprov

    does it matter when you get married?

    If we get married next week, will that be sufficient to apply for a visa next month? it seems a little strange as we have been married under the law for the last 10 years and have 3 kids, but I will do it if it will simplify things...

    Would you recommend it?


  6. #6

    Join Date
    Jun 2005
    Location
    Hong Kong
    Posts
    23,205

    I strongly recommend that you email the Immigration Department. They will very quickly tell you whether they would regard you as married or not. But you will need to be very clear about your status. I'm not sure whether having a "marriage licence" is the sole determining factor since not all countries have them.

    In any case you might want to plan for the process taking a bit longer than normal given your unusual circumstances.


  7. #7

    Join Date
    May 2006
    Posts
    151

    We have friends who had to marry before coming to HK early this year because ID would not accept them as officially married without a license.
    Each case may be different but they will not even accept a copy without seeing the original so I doubt they would be that flexible.

    If you are accepted as being married in US would it not be easier just to marry the old fashioned way that is accepted in most countries to save any future problems.