Same-sex UK Resi using DCF

[shai13 0]

Hi all,

I'm civil partnered in the UK ( since 09' ) to a Brit. Recently law has changed to allow same-sex marriage starting in March. Unfortunately for us, we cannot get married as we are civil partnered unless we dissolve the partnership. We actually have to wait until the end of the year to change / transfer our civil partnership ( absolute BS ). I came across a post a while back suggesting getting married in a European country that allowed same-sex marriage to use DCF instead of going the K-1 route. Any thoughts out there? Has anyone done this? Any help would be much appreciated.

So basically as a UK resident can I get same-sex married in another country ( say Denmark ) for purpose of using DCF to get us back to the US?

Thanks!

[altito 63]

Hi all,

I'm civil partnered in the UK ( since 09' ) to a Brit. Recently law has changed to allow same-sex marriage starting in March. Unfortunately for us, we cannot get married as we are civil partnered unless we dissolve the partnership. We actually have to wait until the end of the year to change / transfer our civil partnership ( absolute BS ). I came across a post a while back suggesting getting married in a European country that allowed same-sex marriage to use DCF instead of going the K-1 route. Any thoughts out there? Has anyone done this? Any help would be much appreciated.

So basically as a UK resident can I get same-sex married in another country ( say Denmark ) for purpose of using DCF to get us back to the US?

Thanks!

Hi shai13,

I am a same-sex marriage´s spouse. Although we were eligible to got married in Spain, we decided to do it in one of the US states that allow gay marriage (Seattle- Washington), in order to get all the original American certificates. We legalized our marriage at the Spanish consulate in San Francisco and decided to live in Madrid thinking of filing I-130 form and coming back the US in one year. We are now right there!!!

If you get married in Denmark, I guess you will have to legalize your marriage in the UK. In add, maybe one of you have to be a resident in Denmark. Either way, I dont know how much time all this process might take even though both countries are EU members.

I believe the quickest option is getting married in the US (New York, i.e.). We got our wedding date just in 20 days in Seattle and got the American certificate in hand, immediately. I don´t know how long a date would take in Denmark to be scheduled (likely longer than in the states). In my homecountry, Spain, it takes at least 6 months; the government examines marriage requests (between a national/resident and a foreigner) in order to check out it is a legitime marriage.....

Wherever you finally get married, you should file I-130 at London using DCF. It is the quickest way, by far.

[maeve808 5]

Yes, that's exactly what we did. We had a civil union in the U.S. and we are currently in Germany. We got married last year in Denmark and are now going the CR1 route (DCF in Germany).

Getting married in Denmark is easy and you don't have to be a resident there.

Edited February 24, 2014 by maeve808

[shai13 0]

Thanks Altito and Maeve808!

My only issue with going to the states to get married then filing once back in the UK is that INS doesn't look too kindly to that sort of thing. Thinking we might be getting a ticket to somewhere in Denmark soon!

DCF is definitely the way to go. From what I've read pretty quick.

Maeve808 - Where did you go? Did it take long?

__

[Harpa Timsah 13,258]

Thanks Altito and Maeve808!

My only issue with going to the states to get married then filing once back in the UK is that INS doesn't look too kindly to that sort of thing. Thinking we might be getting a ticket to somewhere in Denmark soon!

DCF is definitely the way to go. From what I've read pretty quick.

Maeve808 - Where did you go? Did it take long?

__

The bolded above is not true. It is perfectly legal to marry in the US and then leave. No problem, whatsoever.

K-1s are going really fast right now, so if speed is the issue, then K-1 is also a good option. Though, it is an inferior visa.

[lost_at_sea 995]

K1 vs DCF is probably about the same time-wise (adding the extra time to actually get hitched in the latter option). I'd still be inclined to follow DCF since the CR-1 is a better visa, as Harpa intimates.

[shai13 0]

Ah I see...thanks Harpa!

So Maeve808 another quick one - was there any problems with the fact that you were already civil partnered?

Thanks all

[maeve808 5]

Regarding your questions, we went to Frederiksberg. That's basically right next to Copenhagen. I had researched this a lot and found that this is the easiest and least complicated marriage office in Denmark. Here is the address: Frederiksberg Rådhus, Smallegade 1, 2000 Frederiksberg/Copenhagen. You go there in person to register and show them your documents and then you have to wait 4 business days. So if you register on a Monday, you can get married either Friday or Saturday. Since you have to wait 4 days after you register in person, you have to take this into consideration and plan to stay there for a few days. I recommend the Radisson Blue hotel, which is right next to the marriage office. Another advantage is that you don't have to bring a birth certificate. You only need a passport and proof that you're residing in the UK legally (and any UK registration if there is something like that. This registration should also indicate your current marital status. In our case here in Germany, we were considered single, since we were not legally married). Maybe just give the marriage office a call and ask about what documents to bring. Their number is (0045) 38212100. This marriage office also provides free wedding witnesses. After you get married, you can take your marriage license and go downtown to Copenhagen to get the apostille (takes about 5 minutes). Regarding your question how long it took, well, it didn't take long at all. After you register and give them the filled out Notice of Marriage, you wait 4 business days and then you can get married. You can download the Notice of Marriage PDF on Google. Just Google "denmark notice of marriage" and click on the PDF link VI 005 - Notice of marriage - Kk.dk

No, there were no problems that we were already civil partnered. A civil union/partnership is not a marriage. Therefore, we didn't get married a second time. It was the first time.

[GF1804 12]

There is no issue shai13. We are a UK same sex couple who were civil partnered in the UK in 2007. We decided to get married in NY in Oct 2013. We then immediately flew back to the UK. You are allowed to get married in the U.S providing your return back to the UK. The wait for the UK marriage laws to catch up to the rest of the world take too long.

We then filed DCF with London and we are now awaiting our interview (medical just completed)

My advice marry in the US in a state where it is legal, leave enough time between applying for your marriage license and then the ceremony (at least 24 hours). Return here and file your I-130 DCF with London it's a lot quicker.

message me if you need any more info.

Best of luck....

[altito 63]

My advice marry in the US in a state where it is legal, leave enough time between applying for your marriage license and then the ceremony (at least 24 hours). Return here and file your I-130 DCF with London it's a lot quicker.

Totally agreed!

That was what I did too. I didnt specify I was flying in the US to get married. Just did it and flew back to Spain.

I wish I could have filed through DCF!!!

I had to do it via USCIS at Chicago Lockbox and now Im stuck in Nebraska....

[GF1804 12]

Totally agreed!

That was what I did too. I didnt specify I was flying in the US to get married. Just did it and flew back to Spain.

I wish I could have filed through DCF!!!

I had to do it via USCIS at Chicago Lockbox and now Im stuck in Nebraska....

Sorry to hear that altito I didn't know Spain didn't have DCF.So far London DCF have been amazing.

Luckily for us civil partnerships in the U.S are not legally recognized so it was a simple first time marriage for both my husband and I.

Can't wait for this journey to be finally over.

Things are changing for the better in the U/S though now federal benefits including filing of taxes, marriage etc., are recognized for same sex couples. It's a great thing we have been waiting for over 10 years. In another year the movement will be a distant memory and it will be accepted as the norm which is fantastic!

[altito 63]

Sorry to hear that altito I didn't know Spain didn't have DCF.So far London DCF have been amazing.

Luckily for us civil partnerships in the U.S are not legally recognized so it was a simple first time marriage for both my husband and I.

Can't wait for this journey to be finally over.

Things are changing for the better in the U/S though now federal benefits including filing of taxes, marriage etc., are recognized for same sex couples. It's a great thing we have been waiting for over 10 years. In another year the movement will be a distant memory and it will be accepted as the norm which is fantastic!

Yeah, at least we are facing together this long wait here in Madrid....and with all our rights fully recognized!!

[shai13 0]

thanks all for responding! Now its down to where to go, Copenhagen or NYC. If it really doesn't make a difference as long as issuing country ( authority recognises same sex marriage ) then I'm thinking Copenhagen. Def taking advantage of DCF.

Maeve808 - Many thanks for all the info! Big help. .))

Best of luck to y'all!

[maeve808 5]

thanks all for responding! Now its down to where to go, Copenhagen or NYC. If it really doesn't make a difference as long as issuing country ( authority recognises same sex marriage ) then I'm thinking Copenhagen. Def taking advantage of DCF.

Maeve808 - Many thanks for all the info! Big help. .))

Best of luck to y'all!

Yes, country-wise it doesn't matter where you get married - Copenhagen or NYC. They only care if you have a legal marriage (it has to be legal where performed), so a marriage certificate from Denmark will be fine. We have done this and our Danish marriage certificate was accepted. The good thing about getting married in Copenhagen is that they speak English and are used to foreigners. You can even have your ceremony performed in English. It's no wonder that Denmark is considered the Las Vegas of Europe when it comes to getting married (because it's fast and easy).

Edited February 27, 2014 by maeve808

[headedhome 0]

Maeve,

Can you please tell me which form you submitted to Denmark to show that you were not married? I am part of a same sex couple and have been in a Lebenspartnerschaft (registered partnership) with my wife since 2010. I am American and she is German. We want to get married in Denmark so we can do DCF in Frankfurt, but I just ran into an issue.

I e-mailed the Haderslev kommune to see if our Lebenspartnerschaft certificate is sufficient to show that we are not "married". I received an e-mail back today stating "If this documents is like a marriage certificate and you need to get a divorce to get out of it, then you cannot be married here. Because we would look at his like a marriage."

As an American, I am considered single and I guess I can produce something that says so. As a German, my wife is not considered married but in a registered partnership and all of our German documents list that. If we were to dissolve the partnership in order to get married, I would be deported because I have no right to be in Germany. If we did this to get married in Denmark, the same would happen because Germany doesn´t have same sex marriage, but Lebenspartnerschaft. We have to be legally married to go to the US but in a Lebenspartnerschaft to be in Germany.

I am just wondering which documents you and your spouse were able to produce that listed you as single and not in a partnership.

Thanks so much for your help!