K1 visa petition with statutary cohabition?

[Artuicune 1]

My partner and I have recently submitted the I-129F for our K1 visa.

 

I realized this week that I don't know whether my statutary cohabition ('wettelijk samenwonen') with my best friend here in Belgium would be considered an issue by the USCIS or US Embassy.

 

This entails the following: "Two people who are living together and make a declaration of statutory cohabitation to the municipal authorities of their municipality of residence are statutory cohabitants. That declaration provides them with certain legal protection. Statutory cohabitation is open to all people who live together in Belgium. It is therefore available to both heterosexual couples and homosexual couples. It is also possible to cohabit, under the statutory scheme, with a member of your family or with anyone with whom you have a relationship without sexual connotations." more information can be found here: https://www.belgium.be/en/family/statutory_cohabitation.

 

Since it is mentioned the cohabitation officially ends when one of the cohabitants gets married, I assume I'm in the clear. But I'd love to hear from others that might have gone through a similar situation?

[jayjayk 56]

Hi! I live in Belgium and as far as I know wettelijk samenwonen is only for the couples. Sounds like you and your friend are roommates, no? Because when you live with someone (romantically)  you can register with the city hall as wettelijk samenwonen instead of getting married. 

 

I don't think it will be an issue, it's possible your circumstances can change during the next few months of waiting, as well.

[Artuicune 1]

17 hours ago, JulijaKC said:

Hi! I live in Belgium and as far as I know wettelijk samenwonen is only for the couples. Sounds like you and your friend are roommates, no? Because when you live with someone (romantically)  you can register with the city hall as wettelijk samenwonen instead of getting married. 

 

I don't think it will be an issue, it's possible your circumstances can change during the next few months of waiting, as well.

In fact, statutory cohabitation is not only for couples, even though often people think it is since most people that do it are couples. The relationship definitely doesn't have to be romantic. You are also allowed to do it with siblings, (grand)parents or a friend, as long as you both are not cohabiting with another person. In my case, it's my best friend but our relationship is platonic.

 

Thanks for the reply anyway!

[Villanelle 4,122]

https://www.liveinbelgium.be/legal-cohabitation-marriage-alternative/?fbclid=IwAR2p05_Vu-2j5-V3bIN8TWOyRT8OTzcAP3WbtwmjKIagC4VEkBX9O-6W_VI#How-to-End-Legal-Cohabitation-Contract

 

Here is a link about the topic for reference for anyone interested. I have to admit I had never heard of this before. 

 

From what I gather everything you have posted is correct about it not having to be romantic. I read something about it can be with a parent or family member even! And yes, it does appear to end when either you officially end it or one of the people marry. So it doesnt seem like it would be an issue from Belgium's POV but I do believe it may still be an issue from USCIS's. 

 

To obtain the K you need to be free to marry.  So are you free to marry? It appears you are technically because it ends if one marries which seems to imply you can marry and the marriage terminates it, but you are not going to be getting married until after you enter the US during the 90 days. I can see the Officer taking issue with the fact that you are currently in a partnership with a 3rd individual that has not been terminated yet and wont be terminated until your marriage occurs. 

 

Honestly I would try to maybe email the Embassy in Belguim and see if they can shed any light on this because they would be the ones to say in fact how its handled. You can also search for facebook type/expat groups for Belgiums in the US and see if anyone has any experience in filing with USCIS while having one of these 'wettelijk samenwonen's. My thinking is if its enough to qualify your partner to immigrate to US than obviously its too much to qualify for the K with. But more importantly if you browse these forums you will see a variety of posts by people who have what we call 'too married for the K not married enough for the CR' problems. Most likely the existence of the 'wettelijk samenwonen' (regardless of who it is with) is enough for them to say you are not 100% uncommitted elsewhere and free to marry. 

 

If it hasnt been that long since youve filed the K you may want to withdraw it and cancel your 'wettelijk samenwonen' and then refile the K. You can not cancel the 'wettelijk samenwonen' after the K filing. It wont matter at that point because they look at you being 'free to marry' starting the date you file the K not the interview. I would hate to see you wait months and months for the K only to find out its denied and you have to start over..

 

 

[jayjayk 56]

5 hours ago, Artuicune said:

In fact, statutory cohabitation is not only for couples, even though often people think it is since most people that do it are couples. The relationship definitely doesn't have to be romantic. You are also allowed to do it with siblings, (grand)parents or a friend, as long as you both are not cohabiting with another person. In my case, it's my best friend but our relationship is platonic.

 

Thanks for the reply anyway!

I didn't know that, this is interesting to know. Thanks for clarifying. I hope it will not affect your case though, good luck!

[Artuicune 1]

On 5/28/2021 at 4:22 PM, Villanelle said:

To obtain the K you need to be free to marry.  So are you free to marry? It appears you are technically because it ends if one marries which seems to imply you can marry and the marriage terminates it, but you are not going to be getting married until after you enter the US during the 90 days. I can see the Officer taking issue with the fact that you are currently in a partnership with a 3rd individual that has not been terminated yet and wont be terminated until your marriage occurs.

Thank you for the insight. I am indeed afraid that USCIS would look at it differently.

However, I do think I'm free to marry, as statutary cohabitation does not influence elegibility to marry in Belgium. In theory, USCIS should thus look at it in the same way? I also intend to end the cohabitation officially before I would travel to the US on my K1 visa. The only reason to hold it is as I said a tax reduction, which we would get if we still cohabit on January 1, 2022. After that date, for sure we end the statutory cohabitation.

 

On 5/28/2021 at 4:22 PM, Villanelle said:

Honestly I would try to maybe email the Embassy in Belguim and see if they can shed any light on this because they would be the ones to say in fact how its handled. You can also search for facebook type/expat groups for Belgiums in the US and see if anyone has any experience in filing with USCIS while having one of these 'wettelijk samenwonen's. My thinking is if its enough to qualify your partner to immigrate to US than obviously its too much to qualify for the K with. But more importantly if you browse these forums you will see a variety of posts by people who have what we call 'too married for the K not married enough for the CR' problems. Most likely the existence of the 'wettelijk samenwonen' (regardless of who it is with) is enough for them to say you are not 100% uncommitted elsewhere and free to marry.

I emailed an address I found through the embassy website (ends in @visaops.net) explaining the situation and asking for advice. I will report on the answer afterwards.

Moreover I found a Dutch forum post from 2015 where they are discussing immigration to the US when one of both partners in a Belgian/Dutch statutory cohabitation got a H1-B visa. The replies said that statutory cohabition is not recognized in the US because we also have traditional marriage, and the partner therefore was not eligible to join them (source: https://forum.allesamerika.com/viewtopic.php?t=60381). This gives me hope that all will be fine!

 

On 5/28/2021 at 4:22 PM, Villanelle said:

If it hasnt been that long since youve filed the K you may want to withdraw it and cancel your 'wettelijk samenwonen' and then refile the K. You can not cancel the 'wettelijk samenwonen' after the K filing. It wont matter at that point because they look at you being 'free to marry' starting the date you file the K not the interview. I would hate to see you wait months and months for the K only to find out its denied and you have to start over.

If this can be avoided, obviously I don't want to do that. It's been only a month and half, but the fee would also be lost. But thanks for the suggestions!

Edited May 31, 2021 by Artuicune

[Villanelle 4,122]

I still believe you may end up being considered too married for the K.  

 

Going to tag a few established users to see if they have any input as some dont typically browse this section and might not have seen your posting. @Boiler @HRQX @SusieQQQ @Lucky Cat @Chancy @geowrian @Jorgedig

[SusieQQQ 11,586]

I’m not an expert but it doesn’t sound like too married to me. (Actually some states in the US allow a similar type of thing without it being married, a relative of mine in NY is in one - not sure the term but it allows partner to be eligible as a dependent for medical insurance etc.) Definitely best to try find someone else who has got a K from the same position. 

[Artuicune 1]

On 5/31/2021 at 5:35 PM, Villanelle said:

I still believe you may end up being considered too married for the K. 

If this is the case, is my only option to withdraw and refile the application? Can an amendment be sent or something similar instead?

[Villanelle 4,122]

https://ais.usvisa-info.com/en-BE/niv/information/contact_us Did anyone respond to your email yet? They also seem to have some phone numbers.

 

But no, theres no amendment. Either you withdraw it and refile once the cohabitation agreement is terminated or you leave it as it is and if it is an issue you will not be approved and need to refile. Thats why I would encourage you to try to find out if it is going to be an issue as soon as possible because they may not tell you its an issue until you get to the interview at the end of the long process. Of course it can be picked up on at anytime by USCIS causing a denial if it is in fact something they would deny for, but most likely it wont be addressed until the interview where they may say they have to send it back to USCIS to get reaffirmed and the USCIS does not reaffirm Ks, they get sent back to die. 

[Artuicune 1]

16 hours ago, Villanelle said:

https://ais.usvisa-info.com/en-BE/niv/information/contact_us Did anyone respond to your email yet? They also seem to have some phone numbers.

The email I sent to (fae_contactus+be+info+en@visaops.net) replied back telling me they are not authorized to provide advice or suggestions regarding my visa process. It seems it didn't get to an employee of the Embassy.

I called the Embassy in Brussels and they told me to send my request again to their email address (brusselsiv@state.gov). I am awaiting their reply, hopefully it won't take too long.

[Artuicune 1]

As I mentioned before, I sent the US Embassy in Belgium an email, requesting following information:

Quote

Dear Sir/Madam

 

I am a Belgian citizen, currently in a committed relationship with a US citizen, and we just filed for a K1 visa through form I-129F last month. At the moment, I'm cohabiting with a good friend, and because of tax benefits, we are currently in statutory cohabitation ('wettelijk samenwonen'). Under Belgian law, this can be done with either a romantic partner, direct family, or even a friend. The statute typically is terminated upon a written agreement between the two parties, and it also automatically terminates upon the marriage of one of the involved parties. Moreover, I also planned to terminate the agreement before my travel to the US if my K1 petition gets approved.

 

However, I wanted to confirm with the right instances that this is indeed also regarded as no issue by the USCIS or US embassy upon reviewing our case file? Of course I do not want to risk the petition and if needed I'm willing to terminate the statutory cohabitation immediately. If it is, could you guide me into the right course of action to resolve the issue?

 

 

Best regards

I got a reply back from the US Embassy in Belgium, stating the following:

Quote

Dear,

This shouldn’t be a problem since it is not considered as a marriage.

Kind Regards,

Visa Section

U.S. Embassy Brussels

I think this should make me safe then? I'm thinking of asking follow-up questions, such as if I need to stop the cohabitation before my interview at the Embassy or not. Anything else you would recommend me double checking with them?

[SusieQQQ 11,586]

8 hours ago, Artuicune said:

As I mentioned before, I sent the US Embassy in Belgium an email, requesting following information:

I got a reply back from the US Embassy in Belgium, stating the following:

I think this should make me safe then? I'm thinking of asking follow-up questions, such as if I need to stop the cohabitation before my interview at the Embassy or not. Anything else you would recommend me double checking with them?

I think it’s pretty straightforward. It’s not considered marriage so it’s not a problem.