Stuck in a civil union? K1 or Cr1 visa?

[emilyinrome 2]

Hi everyone, I am looking for some advice. Please bear with me as this is difficult to explain. Any suggestions are VERY appreciated, as we don't know what to do.

 

My wife (Italian) and I (American) have a same-sex civil union and live in Italy. Note that same-sex marriage is not legal in Italy so this was our only option. We filed for a K1 (fiancee) visa last November since civil unions don't count as marriage in the US and just got an RFE (attached) saying that we need to prove that we're free to marry.

 

The problem is that Italy won't give us this certificate saying we're free to marry because we have a legal partnership. However, the US doesn't accept civil unions when applying for marriage Cr1 visas. It was suggested by our municipality to get a divorce (which we can't do because I'd have to leave the country). We can't get married anywhere else because we need to prove we're free to marry. There has to be another solution.

 

Note: my state representative told me to apply as a K1. I have this in writing.

 

Basically, we aren't "married enough" to apply for a Cr1 visa, but are "too married" to apply for a K1 visa.

 

Has anyone heard of a situation that's similar to this? Can I petition to change our application to a Cr1 visa and have our civil union registered as a marriage in the US? Can we convert our civil union to marriage in the US? 

 

Thank you in advance. I'll also be posting this on other pages to see what I can find out.

[canadian_wife 1,822]

The recommendation from your state representative is useless as they are not the ones to adjudicate the petitions. 

 

It is actually not uncommon for one to be too married for a K-1 and not married enough for a Cr-1, it is seen here a lot.  You cannot 'change' however.  If you are able to meet the requirements for a Cr-1 spousal visa you may refile with new fees and new waiting times.  You can see the I-130 instructions and the guides here to see what is required for a Cr-1 visa.

 

Good luck.  

[Crazy Cat 41,898]

28 minutes ago, emilyinrome said:

Hi everyone, I am looking for some advice. Please bear with me as this is difficult to explain. Any suggestions are VERY appreciated, as we don't know what to do.

 

My wife (Italian) and I (American) have a same-sex civil union and live in Italy. Note that same-sex marriage is not legal in Italy so this was our only option. We filed for a K1 (fiancee) visa last November since civil unions don't count as marriage in the US and just got an RFE (attached) saying that we need to prove that we're free to marry.

 

The problem is that Italy won't give us this certificate saying we're free to marry because we have a legal partnership. However, the US doesn't accept civil unions when applying for marriage Cr1 visas. It was suggested by our municipality to get a divorce (which we can't do because I'd have to leave the country). We can't get married anywhere else because we need to prove we're free to marry. There has to be another solution.

 

Note: my state representative told me to apply as a K1. I have this in writing.

 

Basically, we aren't "married enough" to apply for a Cr1 visa, but are "too married" to apply for a K1 visa.

 

Has anyone heard of a situation that's similar to this? Can I petition to change our application to a Cr1 visa and have our civil union registered as a marriage in the US? Can we convert our civil union to marriage in the US? 

 

Thank you in advance. I'll also be posting this on other pages to see what I can find out.

This is not as unusual as you might think.  Your state representative's opinion is irrelevant.  The usual, best solution is to marry where it is legal, then file for a spousal visa.  There is no US registration of marriages.  

[emilyinrome 2]

@Crazy Cat What do you mean when you say "there is no US registration of marriages"? What does this mean for our case?

[Crazy Cat 41,898]

11 minutes ago, emilyinrome said:

@Crazy Cat What do you mean when you say "there is no US registration of marriages"? What does this mean for our case?

You said "and have our civil union registered as a marriage in the US?".  There is no central marriage registration system in the US.  I still suggest marriage outside Italy, and a spousal visa.  

Edited August 16, 2021 by Crazy Cat

[Crazy Cat 41,898]

Another option is an online marriage in Utah through a zoom marriage.  It will be a legal marriage.  In fact, that would be my top suggestion for your situation (I should have thught of this earlier).  Search this site to see how others have done it.  Since you are now together, After the ceremony, the marriage will be recognized by USCIS and DOS. 

 

 

 

Edited August 16, 2021 by Crazy Cat

[emilyinrome 2]

@Crazy Cat Thank you so, so much. I'll look into this. 

[pushbrk 12,899]

You cannot adequately address your RFE.  Best for your response to be a simple signed letter withdrawing your I-129F petition.  Get legally and lawfully "married" however and wherever you find most fits your current circumstances and priorities, then start over with a spouse visa process.

 

Note" that in the USA, each State handles marriages and divorces, so there is no National registration or database of who is married and who is not.  Not sure what you did to "register your marriage in the USA", because there is no such thing.

[Verrou 1,962]

hi emily. im the one who recommended you to post on this VJ from other group. i second @Crazy Cat do the utah marriage, u are together right now, so u wont have problem. good luck ! 

[Crazy Cat 41,898]

2 hours ago, Misscloud said:

hi emily. im the one who recommended you to post on this VJ from other group. i second @Crazy Cat do the utah marriage, u are together right now, so u wont have problem. good luck ! 

My understanding is that they are living together in Italy.......a perfect situation for an online marriage, imo.  

Edited August 17, 2021 by Crazy Cat

[emilyinrome 2]

@Crazy Cat @Misscloud I looked into this and it seemed perfect, but our municipality just told me that we are not free to enter in any other marriage, meaning that we can't sign the affidavit saying we're free to marry  Ugh. Someone told me that I can potentially petition for our civil union to count as a marriage for a CR1 visa because we have all of the same benefits as a marriage. We may try that with a lawyer. Thank you both for the advice. 

 

@pushbrk Thank you– yes I think we will have to do that. However, since our municipality in Italy says we can't enter in another marriage (even though we're with the same person) it seems we can't get married anywhere else and we have to make the case to have our civil union count for a CR1. I think you misunderstood what I said about getting our marriage registered in the US– nothing is registered there. Thanks again

[Crazy Cat 41,898]

30 minutes ago, emilyinrome said:

Someone told me that I can potentially petition for our civil union to count as a marriage for a CR1 visa because we have all of the same benefits as a marriage.

That sounds suspect. In fact, it just isn't true., imo. An attorney won't help.   Unless USCIS recognizes your union as a legal marriage, it won't work.  You need a legal marriage certificate.  It seems that is not possible in Italy.  What does your municipality have to do with a marriage in Utah???? Utah will not require a statement from your municipality.  

 

I think you may not be "married enough" for a CR-1 in your current situation.

Edited August 17, 2021 by Crazy Cat

[Crazy Cat 41,898]

If you are not now legally married, then you ARE free to marry.

Edited August 17, 2021 by Crazy Cat

[emilyinrome 2]

@Crazy Cat Someone gave me the link to this site saying that if I can prove that civil unions have the same rights as what's listed in "common law marriage" then we can make our case. And we do have all of these same rights in Italy. If we got married in the US, it would be registered here as a civil union, according to our municipality. 

 

For the marriage in Utah, you need to sign an affidavit saying you're free to marry, and no, they don't ask anything from our municipality, BUT they did say that we can't get married so that would technically be lying on the affidavit, it sounds like. I just don't want to make the situation more complicated. 

 

 

[brevig 28]

23 hours ago, Crazy Cat said:

Utah through a zoom marriage

I also suggest this

 

I'm doing it this Aug 24 after getting a k1 denial.