K1 - RFE - Civil Union

[KLL 7]

@Luckycuds Thanks for the response.  Yes we provided a translation of the stable partnership document , done a professional translator along with a notarized certification of the translation.  Essentially it just says:  In the register of stable couples, there is a record of a stable partnership formed by (names).  That is all this document says, that we are a stable couple.  It is not a marriage, it really isn't even a civil union (which is what is used in countries where same sex marriage is not recognized), it is techinically called "pareja estable" or "parejo de hecho"  : stable partnership.  Spain does not recognize it as a marriage.  In fact this partnership is not even binding outside of Spain. It is literally an administrative formality for gaining access to bureaucratic benefits for stable couples living in Spain.  

 

I will take your advice and seek a document from my lawyer which states how this partnership is recognized by law in Spain and I will also dissolve the partnership (despite the fact that the law states that if the couple gets married to eachother or if either member gets married outside of the partnership, the partnership is automatically dissolved - meaning it is unnecessary).

 

You are right, I can not expect the office to be an expert on every country etc, but I would expect maybe they would have a simple list that shows in which countries these relationships are considered marriage, just as they have a list that shows in which countries same sex marriages are recognized etc.

 

@Boiler I am interested in hearing your reason for this recommendation?  After all this would mean first getting married (which takes time and money) then starting the process again from scratch (and a longer process at that).  I don't see what logic there might be in support of making that decision.  Especially considering how long and difficult it was to gather documents and that we would have to start that process all over again for no reason.  It seems easier to just dissolve the partnership.

 

@payxibka   Thanks. Yes I have seen this definition, and again, this agreement falls into "domestic partnership" which does not grant the rights that marriage does.  It is a much less formal arrangement and only requires that we have lived together for 6 months. 

[Boiler 45,538]

Lets start at the beginning, with the many issues involving the K1 is there a particular reason ypu chose that option when you have been living together anyway?

[KLL 7]

The reason we went that route were:

 

A) We were not married 

B) We wanted to get married

C) We wanted to get married in the USA as we were both living outside out country of origin.  Spain is also a headache for all administrative tasks and it would take 6 months to get married and we would surely encounter hurdles a neither of us were from there. It didn't make sense to start a marriage process only to later start a visa process months later when we could take care of the marriage after the visa was granted

D) The K1 process is significantly faster

E) I spoke with friends who went through each process and this was the recommendation

 

Of course I know many people use K1 because they are separated and one person is living in the US and this allows the person to fly in for the wedding and stay.  This is not my case but it doesn't seem any less appropriate for me.  The only holdup is this civil partnership.  Had this not slowed things down (also covid) we would be in the US shortly.  I don't see why the decision to go for K1 is seen as the issue.  USCIS doesnt seem to see it as an issue.  The issue is the civil partnership.  Which is not a marriage, not in Spain nor USA.  

 

BUt either way, this is the current state of things.  TO go back to the drawing board and start from scratch wasting perhaps 18 month doesn't seem to solve any problems but rather just creates new problems: wasting time, money, having to gather all the documents and start the packet again from scratch.  It seems much easier/faster to just annul the civil partnership and continue with K1/  In actuality, just providing evidence that civil partnership in Spain does not disqualify us from having the ability to marry SHOULD be sufficient.  But I don't want to risk it so I think I will just go forward with dissolving the partnership, which, because it is not a marriage, seems easy to do.  The only problem is I don't know how much time it will take or if I can do it from abroad.

 

Thanks for the input, I appreciate it.

 

[Boiler 45,538]

There are some very specific circumstance why I would suggest a K1 and you have not mentioned any of them, many people have issues with the long wait before they can work, drive etc.

[TGregorio 60]

Congratulations on your decision to get married!  My wife and I selected the K-1 and we were together in 8 months vs. the 12 to 13 months for the CR1 (2018-2019). However, it appears that the CR1 is processing faster than the K-1, and your fiancé(e) will receive his/her green card before entering, and will not have to wait to file an I-485 to adjust status. My wife is still waiting to receive her green card after living here for over a year because of covid delays.  If we would had selected the CR1 marriage visa, she would have received her green card last year before entering the U.S. 

 

Based upon what you said, it is clear to me that you and your fiancé are not married yet. It is my understanding that USCIS doesn't believe that you are married yet either, if so, they probably would have asked to see your marriage certificate.  😆 

 

Also, it does not appear that USCIS has asked you to dissolve your partnership in order to proceed with the K-1 visa process. That is your choice, but  you may come under scrutiny at the U.S. Consulate even after having your I-129 F approved by USCIS, regarding that partnership. I've seen many people be denied at the consulate for having similar circumstances. You may want to air on the side of caution to mitigate the risk of further delays of being married in the U.S.

 

Follow your heart on what you think the best process is for you and your loved one, and you will get through this fine.

[Crazy Cat 41,893]

1.  Marry somewhere outside the US.

2.  Withdraw the K-1

3.  File for a CR-1.

 

Rationale:  The CR-1 is superior in several ways, and it is usually better for people who are already living together.  In addition, you might want to see the real differences:

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 5 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Slightly slower arrival in the US (currently about 5 months later)

    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.
  �

 

Edited July 26, 2020 by Lucky Cat

[Crazy Cat 41,893]

1 hour ago, KLL said:

E) I spoke with friends who went through each process and this was the recommendation

There are many, many posters here who went the K-1 route, but regretted it later.  I have not seen a single poster who regretted a decision for a CR-1 vs a K-1.

[Unlockable 7,314]

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VJ Moderation

[carmel34 3,634]

16 hours ago, KLL said:

We have been living together for the last 7 years and are living together currently in Europe.

I agree with the recommendation that you get married (a simple legal ceremony anywhere, shortest time, same-sex marriage legal, for example check out Denmark, Iceland), then file for CR-1 immediately after with the marriage certificate and all your evidence.  The extra few months of processing time for the CR-1 vs K-1 is not the same for you as for most couples who are currently living apart--you are living together in Europe already.  You've been living together for 7 years, you're in a legal civil union, you're essentially already married, just not legally recognized as such for US immigration.  Once you get to the US, have a big wedding ceremony, party, reception, dinner, whatever.  That's what we did.  The biggest advantage of doing this is that your partner/husband will immediately be a legal permanent resident on arrival in the US, and can work, travel abroad, get a driver's license, etc. without the hassles and long wait for EAD/AP/AOS which seems to be increasing weekly.  Good luck to both of you in your immigration journey!

Edited July 26, 2020 by carmel34

[NancyNguyen 1,657]

That’s why you are advised not to front load / volunteer unnecessary documents. 

[Orangesapples 1,954]

You don't need a K 1 in order to marry in the US. Your fiancée is Spanish, so she can just enter the US on ESTA, get married, then you both go back and submit the papers for a CR1. Are you aware of all the issues with K1? I personally regret it, it was hell to be stuck at home for so many months and I was lucky and things were processing much faster back then. 

[JFH 12,190]

17 hours ago, KLL said:

 

I am not having a typical wedding with reception and catering etc so without such evidence it seemed I needed something more than merely affidavit to show intent. 

Irrelevant. The requirement is to marry within 90 days of arrival in the USA in order to adjust status. USCIS has no interest in how fancy or how simple your wedding is. A simple courthouse wedding in jeans and t-shirts is treated the same as a five-figure spend on an event at the Ritz-Carlton

Edited July 26, 2020 by JFH

[JFH 12,190]

3 hours ago, KLL said:

The reason we went that route were:

 

A) We were not married 

B) We wanted to get married

C) We wanted to get married in the USA as we were both living outside out country of origin.  Spain is also a headache for all administrative tasks and it would take 6 months to get married and we would surely encounter hurdles a neither of us were from there. It didn't make sense to start a marriage process only to later start a visa process months later when we could take care of the marriage after the visa was granted

D) The K1 process is significantly faster

E) I spoke with friends who went through each process and this was the recommendation

 

Of course I know many people use K1 because they are separated and one person is living in the US and this allows the person to fly in for the wedding and stay.  This is not my case but it doesn't seem any less appropriate for me.  The only holdup is this civil partnership.  Had this not slowed things down (also covid) we would be in the US shortly.  I don't see why the decision to go for K1 is seen as the issue.  USCIS doesnt seem to see it as an issue.  The issue is the civil partnership.  Which is not a marriage, not in Spain nor USA.  

 

BUt either way, this is the current state of things.  TO go back to the drawing board and start from scratch wasting perhaps 18 month doesn't seem to solve any problems but rather just creates new problems: wasting time, money, having to gather all the documents and start the packet again from scratch.  It seems much easier/faster to just annul the civil partnership and continue with K1/  In actuality, just providing evidence that civil partnership in Spain does not disqualify us from having the ability to marry SHOULD be sufficient.  But I don't want to risk it so I think I will just go forward with dissolving the partnership, which, because it is not a marriage, seems easy to do.  The only problem is I don't know how much time it will take or if I can do it from abroad.

 

Thanks for the input, I appreciate it.

 

“It takes six months to get married in Spain” - you’ve had 7 years, what’s another 6 months? It’ll take longer than that to get a K-1 approved anyway so you won’t be married any faster this way. 
 

The K-1 is the worst choice for you unless there’s something you’ve not mentioned (namely, your spouse-to-be has a child between the ages of 18 and 20 who wants to move to the US with you). It’s basically an over-priced tourist visa that allows the holder to enter the US and stay for 90 days in visitor status (no work, in some states no drivers license, no study, no travel overseas) and then allows the holder to stay and adjust status (spending many more months in limbo with no residency status here - still no work, etc) provided that they marry the petitioner within 90 days and USCIS charges you another four-figure sum for the privilege of sitting here in limbo for months. You’d be crazy to think that was your best option in your circumstances. 

Edited July 26, 2020 by JFH

[jan22 3,056]

I would not cancel the civil relationship and submit documentation of that to USCIS at this point.  Doing so would seem to lend credence to USCIS's idea that this relationship would somehow prevent you from getting married.  And, since the cancellation would occur after you had already submitted the petition, the petition could likely then be denied since you were apparently not free to marry at the time the petition was filed.  I know that's roundabout logic but...

 

I would focus on the first part of the request and "explain this documentation", including a thorough explanation of the purpose of entering into such a relationship and the Spanish law covering it -- with emphasis on the ability of either party in the relationship to marry without taking any further action, i.e., emphasizing that each individual is free to marry at any time while in such a legal relationship, either to each other or someone else.  I would end the explanation with some kind of statement about not having terminated the civil relationship because a) you're no longer in Spain and it, therefore, no longer has any validity as it Is not recognIzed by countries outside Spain, and, b) again stating it is not a legal impediment to being free to get married.

[SteveInBostonI130 3,459]

Hello,

 

I didn't mean for my first post as telling you to do CR1, but to ask why you chose K1 vs CR1.

 

There have been others here who had their K1 denied because in the eyes of USCIS and the CO, the couple were "too married" to be granted a K1.   I believe your situation falls into this, unfortunately.  You have an uphill battle now to prove something you are not, which is the most frustrating thing to do when dealing with bureaucracy (that they believe you are married, but you are not).  

 

I strongly suggest for you to get married and submit for CR1.  If you can't get married in a reasonable time in Spain, see if you can get married in another jurisdiction?

 

Due to Covid and presidential proclamations, no K1 visas are being granted at the moment.  This may change in a few months or next year, but there are no guarantees.  CR1/IR1, however, are  one of the only visas that are currently being processed.  And they are given priority over other visas.  The recent processing times for CR1/IR1 has been 4-6 months from submittal to NVC stage complete.  The significant delays at this point has been at the embassies (which were closed for visa processing).  But that is starting to change as the embassies are partially opening to process spouse visas.