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Is Spanish Common Law Marriage valid to request IR-1 or CR-1?

By ClickityClackity in Europe & Eurasia (except the UK and Russia)

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Ryan H Grand Master

Ryan H   3,812

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Filed: Lift. Cond. (apr) Country: China
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***Moved from IR-1/CR-1 Process & Procedures to Europe & Eurasia regional forum; multiple posts not in English.  For future reference, if you wish to use a language other than English, please do so in the regional forums only.***

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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ClickityClackity Enthusiast

ClickityClackity   134

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Filed: AOS (apr) Country: Spain
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4 minutes ago, Ryan H said:

***Moved from IR-1/CR-1 Process & Procedures to Europe & Eurasia regional forum; multiple posts not in English.  For future reference, if you wish to use a language other than English, please do so in the regional forums only.***

There is only one user not responding in English. This is not a question for the regional forums. Could this be moved back please?

 

Thank you!

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bakphx1 Proficient

bakphx1   789

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Filed: IR-1/CR-1 Visa Country: Honduras
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When filing for a spousal visa, you have to provide a date of marriage on the form and include a marriage certificate.  

 

I wouldn’t begin the process with unclear information.  It can turn into a mess.  Best to get married and proceed with a marriage certificate in hand.

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ClickityClackity Enthusiast

ClickityClackity   134

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Filed: AOS (apr) Country: Spain
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6 minutes ago, bakphx1 said:

When filing for a spousal visa, you have to provide a date of marriage on the form and include a marriage certificate.  

 

I wouldn’t begin the process with unclear information.  It can turn into a mess.  Best to get married and proceed with a marriage certificate in hand.

That sounds reasonable but probably a bit of a disappointment for them.

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Crazy Cat Grand Master

Crazy Cat   41,846

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Filed: Citizen (apr) Country: Taiwan
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22 minutes ago, Mary&Rafa said:

That sounds reasonable but probably a bit of a disappointment for them.

Do they have non-US citizen children who will be immigrating?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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DGF Community Regular

DGF   730

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Filed: IR-1/CR-1 Visa Country: Canada
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Common law isn't enough for CR1/IR1, as others here have stated. If they do not want to get legally married, K1 wouldn't work either as they would be required to get married within 90 days of the beneficiary entering the US.

I am not a lawyer and nothing I say is or should be taken as legal advice. 

 

CR1/IR1 Timeline:

 

Spoiler

Married: August 18th 2018

I-130 Sent: September 18th 2018

PD: September 20th 2018 TSC

NOA1 Received: October 5th 2018
Case Inquiry: July 13th 2019 

Case Inquiry Response: July 24th 2019 - in line for processing.

Escalated Case Inquiry: August 6th 2019 - tier 2 found that internal status was "in background check" despite results coming back 4 months prior.

Escalated Case Inquiry Response: August 7th 2019 - case was "delayed" because they had to "perform additional review" 🙄 case now with an officer.

NOA2: August 22nd 2019 (336 days)

Sent to DOS: September 5th 2019

NVC Received: September 13th 2019

Case Number: October 9th 2019

DS-260 Completed: October 28th 2019

NVC Docs Uploaded: October 29th 2019

DQ: December 18th 2019

Became IR1: August 18th 2020

IL: October 13th 2020

Interview: November 2nd 2020

Visa Received: November 5th 2020

POE: November 8th 2020

GC Received: January 23rd 2021

 

CR1/IR1 Montreal FAQ:https://docs.google.com/document/d/1k927pE5wqzTN5n0lPYZ1JQxgbmnzmNWX5hSteyii0BY/

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Crazy Cat Grand Master

Crazy Cat   41,846

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Filed: Citizen (apr) Country: Taiwan
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Just now, Mary&Rafa said:

they do not. It's only them. 

Then a CR-1 would be vastly superior to a K-1, imo.......especially since they are already together.........

     Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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ClickityClackity Enthusiast

ClickityClackity   134

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Filed: AOS (apr) Country: Spain
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12 minutes ago, missileman said:

Then a CR-1 would be vastly superior to a K-1, imo.......especially since they are already together.........

     Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

Thank you for this. I do wish my fiancee and I were together at the time we decided to get married. We would've definitely applied for CR-1. 

Too late now.

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carmel34 Experienced

carmel34   3,626

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Filed: Citizen (apr) Country: Brazil
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There's no common law marriage visa for US immigration.  There's no dating visa.  There's no US visa for living together to just try things out for a few years and then decide....  It's either marriage or nothing.  Even with a K-1, the purpose is for marriage, not dating or common law or living together or dating.  No marriage, no immigration, that's the law and there's no way around it.  If they are happy with a permanent common law marriage then they need to live somewhere outside the US, like Spain.  Has the USC considered applying for a visa for permanent residency in the EU?

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ClickityClackity Enthusiast

ClickityClackity   134

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Filed: AOS (apr) Country: Spain
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52 minutes ago, carmel34 said:

There's no common law marriage visa for US immigration.  There's no dating visa.  There's no US visa for living together to just try things out for a few years and then decide....  It's either marriage or nothing.  Even with a K-1, the purpose is for marriage, not dating or common law or living together or dating.  No marriage, no immigration, that's the law and there's no way around it.  If they are happy with a permanent common law marriage then they need to live somewhere outside the US, like Spain.  Has the USC considered applying for a visa for permanent residency in the EU?

I could've done without the contempt that your answer distills. 

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ClickityClackity Enthusiast

ClickityClackity   134

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Filed: AOS (apr) Country: Spain
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This is the answer I got from the embassy in Madrid

 

Dear 

 

It has to be a fiancé visa, as for the spouse visa the “pareja de hecho” is a status not valid.

 

Regards.

 

Immigrant Visa Unit

Consular Section

U.S. Embassy Madrid

 
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