civil union

[MeekMeek 3]

Hi,

my fiance and I are in a civil union and now filing for the K-1 visa.

We entered the civil union last year in January in my home country Germany.

Should I include the civil union certificate into my I-129F package as proof of

having met/relationship for the past two years?

If so, i have to get it translated but do I also have to get it certified?

[Ilovemyman 147]

But a civil union that mean that you are married?

If you have a certificate , then you are married.

Married people cant apoly for k1.

What is civil union in your country?

[slowlyman 118]

Sorry, CR-1 would be the choice for you I think.

[KayDeeCee 4,893]

If the civil union is not a legally recognized marriage in Germany, then you would need to explain that very well if you use your certificate as proof. If they believe you are married, then you cannot get a K-1, so the petition will be denied. If this was for a same sex union, you could include the laws of Germany to show that SSM is not legal and your civil union is not recognized as a legal marriage.

OR, you could skip showing that document and use other evidence to prove your meeting within the last 2 years. That may be wise, rather then confuse the situation and make anyone think you are already legally wed.

[MeekMeek 3]

I wish I could just skip the information about the civil union. Unfortunately it is not possible since I took my

wife's last name when we entered it. It will probably raise a huge red flag when I submit the I-129F with the

both of us having the same last name..

[KayDeeCee 4,893]

Ah, then make sure you explain it very well and show documentation that the civil union is not a legally recognized marriage. Show the the German laws even. Make it so they cannot be confused at all about whether or not you are already legally married. When providing documentation for the USCIS, pretend they are slow and need you to hold their hand and point to everything for them.

[Ilovemyman 147]

I wish I could just skip the information about the civil union. Unfortunately it is not possible since I took my

wife's last name when we entered it. It will probably raise a huge red flag when I submit the I-129F with the

both of us having the same last name..

If your civil union permit you take your wife's last name legally , that mean for uscis that you are married.

So k1 it isnt the option for you, you will be denied.

Edited January 16, 2014 by Ilovemyman

[KayDeeCee 4,893]

If your civil union permit you take your wife's last name legally , that mean for uscis that you are married.

So k1 it isnt the option for you, you will be denied.

SSM is not legal in Germany, so they cannot be legally married. A CR-1 would be denied because they are not legally married. They are wanting the K-1 visa so they can get legally married in the US.

Where is the law that states that if in Germany you take someone else's last name, then you are legally married? If that law exists, then they have no problem because they are already legally married, right?

[volkditty 23]

Are you living together in Germany? If the civil union counts as a legal marriage, you may want to look into Direct Consular Filing, it can be much faster than a visa petition.

[MeekMeek 3]

We live in Germany currently. We were considering to either marry in Denmark and go for DCF, since Denmark has SSM but we are still researching wether

that is possible since we already have a civil union here in Germany.

The US government does not see a civil union as a valid "real" marriage, thats why I think that a spousal visa would be denied immediately.

So I should go for K-1 and provide the civil union to explain the name change since according to the US civil unions do not qualify you for

immigration purposes and maybe attach a letter to the petition stating the law in Germany and that the US government doesn't recognize it?

[KayDeeCee 4,893]

We live in Germany currently. We were considering to either marry in Denmark and go for DCF, since Denmark has SSM but we are still researching wether

that is possible since we already have a civil union here in Germany.

The US government does not see a civil union as a valid "real" marriage, thats why I think that a spousal visa would be denied immediately.

So I should go for K-1 and provide the civil union to explain the name change since according to the US civil unions do not qualify you for

immigration purposes and maybe attach a letter to the petition stating the law in Germany and that the US government doesn't recognize it?

Exactly. The USCIS will only grant immigration benefits such as a spousal visa for those that were legally married. If the country you married in does not allow SSM, then you cannot use a civil union to file an I-130. They will only recognize a legal marriage.

Only a relationship legally considered to be a marriage establishes eligibility as a spouse for immigration purposes. Therefore, same-sex couples in a civil union or domestic partnership will not have the same privileges as married couples.

http://www.lexology.com/library/detail.aspx?g=752ddbef-7b33-4d74-9621-2c380c43a932

As a general matter, the law of the place where the marriage was celebrated determines whether the marriage is legally valid for immigration purposes. Just as USCIS applies all relevant laws to determine the validity of an opposite-sex marriage, we will apply all relevant laws to determine the validity of a same-sex marriage.

http://www.uscis.gov/family/same-sex-marriages

Yes, if you want to file for a K-1 to get married in the US, then you can provide the documentation for the civil union to prove you have been together in the last 2 years and why you changed your name. You will need to provide a translated copy too > http://www.visajourney.com/content/translations

Explain your situation and state that the USCIS does not recognize civil unions from places where same-sex marriage is not legal, therefore you are wanting to apply for a K-1 to get legally married in the US. Show them proof that Germany does not allow SSM. Also, show them proof that the state you intend to marry in does allow SSM.

Or, get married where it is legal to do so, and apply for DCF > http://germany.usembassy.gov/visa/uscis/i130/

[MeekMeek 3]

Thank you very much Jay-Kay

As for the translation of the civil union document, is a regular translation enough? Or does it have to be certified?

[KayDeeCee 4,893]

Thank you very much Jay-Kay

As for the translation of the civil union document, is a regular translation enough? Or does it have to be certified?

You are welcome

It just needs to include that certification I linked you to on the translated document itself. No other certification or notarization needed.

[Cathi 5,744]

If your civil union permit you take your wife's last name legally , that mean for uscis that you are married.

So k1 it isnt the option for you, you will be denied.

ummmmmm.......no it doesn't mean they are married in the eyes of USCIS. Once again you are giving bad advice in this forum when you really haven't a clue. You need to stop.

[tdck83 1]

I agree with Jay-Key, you will need to be married (old fashion) to apply for a spouse visa.But make sure you are allowed to marry once you are already in a Civil Union.

In California for example you are allowed to be in a domestic partnership and married at same time as long it's with the same person.

But in the UK where SSM will become legal in march couples already in a Civil Partnership will have to wait till the end of the year to "convert" their partnerships into marriage. They will not be allowed to marry right way.

I also remember same-sex couples from the UK that moved to Spain and wanted to have their Civil Partnership recognized there but the government wouldn't recognize them so they tried to get married but Spain requires a document stating that you are free to marry, because these couples have already registered as civil partners the British Registries were unable to fabricate this document. Putting these couples in a very difficult position.

So my thoughts to you is to make sure you are allowed to marry in whatever jurisdiction you decide to so. In some jurisdictions you will be require to dissolve your civil union in order to marry the same person (I honestly think that this is crazy and whoever wrote these laws wasn't really thinking) So if Denmark allows you to be in a Civil Union and married at the same time then your marriage will be valid.

And why would you want to hide your Civil Union, in my personal opinion I think is a great thing you guys decided to "get married" even when you were not able to apply for a green-card!

To be very honest with you this makes me really upset, they make everything so difficult for same- sex couples.

Good luck to you two!!

Edited January 17, 2014 by tdck83