US citizen in civil union with British citizen in Spain

[rds3476 0]

Hey everyone.

 

I'm an American man in a civil union with a British woman in Spain. We're planning to possibly move to America. Would we be eligible for the IR-1 visa? If not, would anyone know the type of visa I should apply for?

 

Any help would be greatly appreciated.

 

Thank you!

Edited May 25, 2021 by rds3476

[Dashinka 24,841]

17 minutes ago, rds3476 said:

Hey everyone.

 

I'm an American man in a civil union with a British woman in Spain. We're planning to possibly move to America. Would we be eligible for the IR-1 visa? If not, would anyone know the type of visa I should apply for?

 

Any help would be greatly appreciated.

 

Thank you!

If it doesn't qualify based on the definitions in the USCIS manual, then it does not qualify for a spousal visa.  You have to find out if the civil union qualifies as a marriage in the country where this occurred.  Otherwise, you have to look at doing a legal marriage for a spousal visa.  As to other types of visa to allow for a civil partner to immigrate to the US, I am not aware of any

 

Good Luck!

 

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2 

Edited May 25, 2021 by Dashinka

[Chancy 6,243]

40 minutes ago, rds3476 said:

I'm an American man in a civil union with a British woman in Spain. We're planning to possibly move to America. Would we be eligible for the IR-1 visa?

 

To start the spouse visa process, you would need a valid marriage certificate, among other requirements.  No marriage certificate = no IR1/CR1 visa.

 

If the wedding was in Spain, USCIS would expect a copy of this document --

 

Document Name: Certificado de Matrimonio

Issuing Authority: The Civil Registry (Registro Civil) on behalf of the Justice Ministry (Ministerio de Justicia)

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Spain.html