Civil union in England, but apply for marriage visa for America?

[LocketShark 0]

I'm new, so sorry if I missed a thread that talks about this already, but I couldn't find one, so starting one of my own.

I live in America, born and raised, but my fiance lives in England. We are a gay couple. The state I live in recognizes both gay civil union, and gay marriage. I have already met my partner and spent a few months together within the last year in England, but have yet to get married or had a civil union. We weren't sure how to go about that, and know that one of us has to apply for a specific visa before we can get married. So my question is, if we get a civil union in England, could we live in America? I know you can apply for a civil union/marriage visitors visa in England, meaning, you can visit England and have a civil union on that particular visa but have to return to your native country within 6 months, and have gotten married while visiting. So, if my partner and I filed for a civil union in England, then I return to America, would my partner apply for a marriage visa to come and live in America? Is there a civil union visa to live in America? Or would we have to change the status of our civil union to marriage once in America, if that's even possible. I'm so confused and unsure! Please help, any help is greatly appreciated. Thank you very much!

[LocketShark 0]

I'm new, so sorry if I missed a thread that talks about this already, but I couldn't find one, so starting one of my own.

I live in America, born and raised, but my fiance lives in England. We are a gay couple. The state I live in recognizes both gay civil union, and gay marriage. I have already met my partner and spent a few months together within the last year in England, but have yet to get married or had a civil union. We weren't sure how to go about that, and know that one of us has to apply for a specific visa before we can get married. So my question is, if we get a civil union in England, could we live in America? I know you can apply for a civil union/marriage visitors visa in England, meaning, you can visit England and have a civil union on that particular visa but have to return to your native country within 6 months, and have gotten married while visiting. So, if my partner and I filed for a civil union in England, then I return to America, would my partner apply for a marriage visa to come and live in America? Is there a civil union visa to live in America? Or would we have to change the status of our civil union to marriage once in America, if that's even possible. I'm so confused and unsure! Please help, any help is greatly appreciated. Thank you very much!

[Harpa Timsah 13,258]

I don't think that civil union counts for a marriage; that is what the whole gay marriage issue has been about. You can marry in the US and apply for a spousal visa (no special visa needed to get married, but the foreigner needs to leave like a normal tourist). Or you could pursue a fiance visa for marriage in the US that would let the foreigner stay after the marriage.

I think getting a civil union in England would complicate US immigration, because it is somewhere in the realm of both "too married" for fiance visa and "not married enough" for a spousal visa.

[LocketShark 0]

Thank you! That helps a lot. I agree, I thought it might be complicating things to apply for a civil union in England, then try to move to America. I had planned to visit my partner in England next, and apply for a civil union there, but since gay marriage is more recognized by the American government within the last few months, we may have to change up our plans, for the better! I didn't know that about the American fiance visa, thank you very much, most helpful.

[syp2311 0]

It depends on the Country your civil union is from. I had a civil union with my now husband (he is from Spain) but that did not help us to get a visa for America. We had to get married either here in the USA or in Spain in order for us to move along with our CR-1 visa. You could also go the route for the fiance visa I suppose, but either way, the civil union only really helps to prove that you in fact are in a real relationship. You should check and see though if that applies for the UK as well, each country has their own agreements with the US about that.

[Harpa Timsah 13,258]

You could file for the fiance visa right now. It takes about 6-9 months to process.

[LocketShark 0]

You could file for the fiance visa right now. It takes about 6-9 months to process.

I will get started on that right away, thank you, I think that is going to be the best route too.

[Harpa Timsah 13,258]

I will get started on that right away, thank you, I think that is going to be the best route too.

Best of luck!

[LocketShark 0]

It depends on the Country your civil union is from. I had a civil union with my now husband (he is from Spain) but that did not help us to get a visa for America. We had to get married either here in the USA or in Spain in order for us to move along with our CR-1 visa. You could also go the route for the fiance visa I suppose, but either way, the civil union only really helps to prove that you in fact are in a real relationship. You should check and see though if that applies for the UK as well, each country has their own agreements with the US about that.

I think the fiance visa sounds much better then the civil union after all. Thank you, this post has been really helpful. I was really confused about the recognition civil unions had by US government. I thought it could be upgraded to marriage once a marriage visa was applied for, but now I see they're very different. I hope you and your husband are very happy! I'm glad you got approved. I'll be applying for the fiance visa soon!

[aaron2020 11,651]

The US does not recognize civil unions for immigration visas.

You have two options;

1. Get marry in the UK and apply for a spousal visa. You could do a DCF which will take 3-6 months. Get an immigrant visa and automatic green card upon entry. The immigrant spouse will be able to work and travel internationally immediately.

2. File for a K-1 fiance visa. You could do a DCF which will take 3-6 months. Once in the US, you have 90 days to get marry. Your spouse files to adjust. During the 2-3 months wait for the AP/EAD card, your spouse cannot work or traveling outside the US would void the process.

Do option 1 if you can. It's cheaper. It's better.

[aaron2020 11,651]

I will get started on that right away, thank you, I think that is going to be the best route too.

You're better off with a DFC filing for a spousal visa. Quicker than a K-1 and AOS. Cheaper than a K-1 and AOS. No work or travel restrictions like the K-1 and AOS.

The DFC filing for the spousal visa is your best route.

[Ban Hammer 13,111]

duplicate topics merged

[HeatDeath 430]

Does the petitioner for a SS fiance visa have to live in a SSM state? Or can the couple just visit a SSM state and get married after the beneficiary enters on the K-1? I don't know that USCIS had clarified that the last time I checked (3 - 4 weeks ago).

I know that getting a SSM in a SSM state in the US, returning home and filing for a CR-1 will definitely work. I don't know for sure how (or if) they've decided to have SS K-1s work.

[syp2311 0]

Yup, it is true that the spouse visa has many benefits. I was going to do the fiance visa as well and then our lawyer advised us that the CR-1 visa would make more sense so that my husband can work and travel as soon as he enters the US. It was also cheaper which was important considering how costly this whole process becomes.

[LocketShark 0]

You're better off with a DFC filing for a spousal visa. Quicker than a K-1 and AOS. Cheaper than a K-1 and AOS. No work or travel restrictions like the K-1 and AOS.

The DFC filing for the spousal visa is your best route.

Thank you! I'm definitely checking that out now.