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

[Sukie 1,444]

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.

HeatDeath, the answer to your question is: you do not have to live in a SSM state to file a K-1 for your fiance. But you must clearly intend to marry in a SSM state. You will have to be very clear in your application where you will marry.

Sukie

[Sukie 1,444]

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, you've been given good advice by others in this thread. It really depends on your timing. It appears that you can now marry in the UK, but not until 2014. So you have to wait at least 5 months (or longer - wasn't sure when Britain was actually going to allow marriage). You can then marry in the UK and do DCF processing. This is still probably the clearest way to get a green card for your partner.

You can also marry in a same-sex state in the US, have your UK partner return to the UK and file for a CR-1. This will take 9-12 months.

The US does NOT recognize civil unions from other countries, or from US states for immigration purposes.

Sukie

[cathy2904 97]

With respect to the other posters, I do not think that the OP is currently living in England so DCF is not an option. I do agree that the spouse visa is probably the better option.

Edited July 19, 2013 by cathy2904

[cujodu 15]

If you check out Immigration Equality's website (http://immigrationequalityactionfund.org), they might give you more direction. Last I heard from them after the fall of DOMA was "get married now!" England looks like will have marriage equality by end of year, I don't know how Spain is with residency requirements, nor the other European countries with equality. Canada? Here in Argentina originally they had residency requirements but took them away. The only problem would be they are slow about processing documents so you'd have to plan to be here a while if you want to make sure you get a certified copy of marriage certificate. Otherwise, a fiancé visa would be appropriate with the plan of getting married after you reach the USA. USCIS has stated that the state where the ceremony is performed (one of the 13 +DC) is the key, not the state of residence, so irrespective of what state your fiancé lives in, you can get the fiance visa (if unmarried). Of course, don't get married elsewhere after you already started the fiance visa... that might be very complicated. Good luck!

[Protocol417 161]

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.

England looks like will have marriage equality by end of year.

Same-sex marriage is not currently legal in England. Although the Queen just signed off on it, from what I've been reading it'll be next summer before it's enacted. By that point, the OP and his fiance (I don't remember OP's gender, sorry if I got that wrong) can go through the whole K-1 process and be together in the US.

[aaron2020 11,651]

Sorry.

Jumped the gun on when same sex marriages would be legal in the UK.

Also, didn't notice OP lives in the US. Mistakenly thought OP lives in the UK.

K-1 is the best path.

[diht 0]

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

I think you might have to be resident in the UK to do DCF there. I think different embassies have different rules about how long you have to have been living in the other country. Something to check in to. Good luck!

[Nich-Nick 3,354]

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

You don't qualify for that (Direct Consular Filing) because you don't live in the UK. You live in the US. That post is all wrong.

If you want a CR1 spouse visa, which is better than a fiancé visa--

He visits you on VWP. You marry in your state that allows it. He goes back to the UK. You start the process with the spouse petition. When the visa is granted, he enters the US as a permanent resident allowed to work and get a driver license immediately or travel internationally. The time the spouse process takes is similar to the time a fiancé visa takes. With a K1 fiancé visa, he is stuck for a number of months in the US waiting on work authorization, and travel authorization.

Costs

K1 route = $1650 + £294.50

$340 (USCIS) I-129F petition

$240 (Embassy) Visa fee

£45 ACPO Police certificate

£235 (Knightsbridge Doctors) medical exam

£14.50 (DX Secure) Courier fee

$1070 (USCIS) Adjustment of Status/Work Authorization/Advance Parole

CR1 route = $903 + £294.50

$420 (USCIS) I-130 petition

$230 (National Visa Center) Visa fee

$88 (National Visa Center) Affidavit of Support Review fee

£45 ACPO Police certificate

£235 (Knightsbridge Doctors) medical exam

£14.50 (DX Secure) Courier fee

$165.00 (USCIS) Immigrant Fee

[Dumpsta121 10]

I´m in a similar situation, but living in Brazil,where full marriage was recently approved. I went through a process to upgrade my civil union into a marriage, and I'm waiting on that document to arrive so that I can send off my I-130 packet.

My recommendation,if you have the financial resources for that, is to get married in a SSM state in the US, Vermont, CT, etc. If you live in one, even better. By the way, it doesn't matter if the state you LIVE in accepts SSM or not, immigration is a purely federal issue. I´m going to be moving back to Louisiana, strongly against SSM, but I'll still be able to get a CR-1 for my husband.

But yeah, Civil Unions are generally not sufficient (although if you have been in one for an extended period of time, it will make great evidence of a bonafide relationship).

[NikLR 13,227]

Option as well... visit Canada, get married, then file CR1 too. In BC it takes about a month - 6 weeks to get your marriage certificate.

[Fandango 1,439]

I haven't been around in ages...my VJ was back in 05, but I lurk from time to time. I just had to say how awesome it is to FINALLY see these topics on here.

Good luck to the OP and his/her spouse, as well as all the other international gay/lesbian couples!!!!! <3

[LocketShark 0]

Thank you all so much! You've all really helped. I'm filling out the I-129f papers now. I do have another question, but its about the form, should I start a new topic for it, or continue here? Again, thank you all so much! Couldn't of figured it out without you all.

[LocketShark 0]

Here's the link to the new topic if anyone has any answers or advice, thank you!

http://www.visajourney.com/forums/topic/445309-child-of-alien-fiance-not-coming-to-america-then-what/

[HeatDeath 430]

New topics are best.

[grrrrreat 109]

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.

Gay couples can't get married in the UK yet. Although Parliament passed an Act, it won't take effect until next year. So 1 is not an option.