Does a civil union count as a marriage for CR-1?

[morsecode97 1]

Hi! First of all, thank you for taking the time to read this, but I needed to know if my partner is eligible for a CR-1 visa or if we will have to go and do the K-1 visa like planned. 

 

Some background on our situation: I am a U.S. citizen and moved to Chile January 22 2018 to be with my girlfriend after dating for about two years, from July 2016. My stay has been pretty easy, and I was able to obtain residency by having a civil union with her a few days ago on November 30th. We couldn't get an officially titled marriage here because we are a same sex couple,  but I know the us now treats same sex couples the same as opposite sex couples. I just needed to know if a civil union still qualifies as a marriage when applying for a CR-1 visa.

[dwheels76 5,476]

2 minutes ago, morsecode97 said:

Hi! First of all, thank you for taking the time to read this, but I needed to know if my partner is eligible for a CR-1 visa or if we will have to go and do the K-1 visa like planned. 

 

Some background on our situation: I am a U.S. citizen and moved to Chile January 22 2018 to be with my girlfriend after dating for about two years, from July 2016. My stay has been pretty easy, and I was able to obtain residency by having a civil union with her a few days ago on November 30th. We couldn't get an officially titled marriage here because we are a same sex couple,  but I know the us now treats same sex couples the same as opposite sex couples. I just needed to know if a civil union still qualifies as a marriage when applying for a CR-1 visa.

If there's no official marriage certificate then no a civil union will not work.
And if Immigration knows you did a civil union you would be deemed "Too married for a K1) but not married enough for a CR1".

[morsecode97 1]

2 minutes ago, dwheels76 said:

If there's no official marriage certificate then no a civil union will not work.
And if Immigration knows you did a civil union you would be deemed "Too married for a K1) but not married enough for a CR1".

I almost figured. Is it okay to omit the fact we had a chilean civil union on applying for K-1 or am I in real deep water now? 

[pushbrk 13,207]

1 hour ago, morsecode97 said:

I almost figured. Is it okay to omit the fact we had a chilean civil union on applying for K-1 or am I in real deep water now? 

No, it's not OK.  Is there a country you can both travel to where same sex marriage of two foreigners is allowed?  That's the only solution I see.  Maybe Google "Same Sex Marriage South America".

 

[morsecode97 1]

20 minutes ago, pushbrk said:

No, it's not OK.  Is there a country you can both travel to where same sex marriage of two foreigners is allowed?  That's the only solution I see.  Maybe Google "Same Sex Marriage South America".

 

#######, I can not believe a civil union would complicate things. Marriage is legal in Argentina, but we will be visiting the US in February. I am not sure if we would be allowed to marry there and then apply for the CP-1.

 

Are we certain a civil union in her country would not make her eligible for the K-1 visa?

[Villanelle 4,122]

Ok so heres the thing- each visa type (K or CR) has its own requirements. For the CR spousal visa a civil union does NOT count. You need to have a valid marriage certificate to do the CR visa. For the K visa- you can not be legally married. You need to be single. You are not technically married. Because you are in a civil union USCIS may decide you are not 'single'. So its said to be too married for K (or rather not single enough for K) but not married enough for CR. You can try the K visa but theres a chance you will spend the $ and get all the way to the interview and be told you are not 'single' enough due to the civil union so no K visa. So its better to obtain a marriage certificate and do the CR where the marriage certificate makes you 100% eligible for the CR. 

[LilyJ 1,258]

2 hours ago, morsecode97 said:

#######, I can not believe a civil union would complicate things. Marriage is legal in Argentina, but we will be visiting the US in February. I am not sure if we would be allowed to marry there and then apply for the CP-1.

 

Are we certain a civil union in her country would not make her eligible for the K-1 visa?

Yes you are allowed to get married in the US and then petition for your wife for CR1 so long as your wife (and I am assuming you as well since I assume you want to stay with her as much as possible during the process) return back to her country after you are done visiting the US. Keep in mind later in the process, you will need to prove you have reestablished domicile in the US or intent to reestablish domicile in the US (this would apply even if you did the K1 as well) but you can stay with her in Chile during the process

Edited December 3, 2019 by LilyJ

[Shaun (S) 14]

5 hours ago, morsecode97 said:

#######, I can not believe a civil union would complicate things. Marriage is legal in Argentina, but we will be visiting the US in February. I am not sure if we would be allowed to marry there and then apply for the CP-1.

 

Are we certain a civil union in her country would not make her eligible for the K-1 visa?

Unless you are legally married in the US or a country that allows same-sex marriage, USCIS will not recognize the union for immigration.  However if you legally marry the civil union will be seen as proof of your relationship and could be helpful.  

I married my Husband in 2012 and was giving a Green-card just days after DOMA was struck down.  Congratulations on your union and good luck on your immigration journey.  

[pushbrk 13,207]

Others have answered correctly that you can certainly marry in the US while visiting.  A civil union, as somebody else already told you, will put her in a situation of being not married enough for a spouse visa, and too married for a fiancee visa.  Catch 22.