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emilyinrome

Stuck in a civil union? K1 or Cr1 visa?

By emilyinrome in IR-1 / CR-1 Spouse Visa Process & Procedures

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brevig Explorer

brevig   28

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Filed: K-1 Visa Country: Cambodia
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2 minutes ago, emilyinrome said:

you need to sign an affidavit saying you're free to marry

hmmm, that's a good point.  But aren't you free to marry the person you are in a civil union with?  Might need a lawyer to confirm.

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Crazy Cat Grand Master

Crazy Cat   41,898

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Filed: Citizen (apr) Country: Taiwan
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12 minutes ago, emilyinrome said:

@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. 

 

 

By US standards, you are NOT legally married, imho......thus, you are free to marry... You need a legal marriage certificate.

 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

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______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,898

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Filed: Citizen (apr) Country: Taiwan
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2 minutes ago, Crazy Cat said:

If we got married in the US, it would be registered here as a civil union, according to our municipality. 

Why is that relevant? 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,898

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
12 minutes ago, emilyinrome said:

BUT they did say that we can't get married so that would technically be lying on the affidavit, it sounds like.

I disagree.  They are applying the laws, etc which apply in Italy....not the US.  If the US consulate says you are too married for a K-1, but not married enough for a CR-1, their instructions will be to marry legally, then apply for a CR-1. 

I'm done.  Good luck on your journey.  I wish you both the very best.

 

-Crazy Cat out-

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Ontarkie Grand Master

Ontarkie   14,231

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Common law marriages are not recognized for immigration. You are not legally married in Italy you said this multiple times, of course Italy will say you can't get married you said they don't recognize same sex marriages. Ignore everything for Italy. You want to be married where it is legal. Italy is out. Utah zoom marriage is in. You are free to marry as you do not have a legal marriage in any country. Italy has already told you that.

 

Are you legally married? The answer from your previous posts say No. Then you are free to marry for a Utah Online marriage. 

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Ontarkie Grand Master

Ontarkie   14,231

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Yes Italy would still register your marriage as a civil union but that is because they do not recognize same sex marriage. Just like the US will not recognize your civil union as a legal marriage. 

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Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
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AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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emilyinrome Rookie

emilyinrome   2

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Thanks everyone and especially @Crazy Cat for the advice and responsiveness. I just don't want to do something illegal and make everything more complicated than it is, but from everyone's answers I guess it's best to just do the online marriage. We'll say screw it and go with that. Maybe I'll ask a lawyer for advice just to clarify it won't affect anything in Italy. Thank you all again. 

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Chancy Grand Master

Chancy   6,241

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Filed: IR-1/CR-1 Visa Country: Philippines
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21 hours ago, emilyinrome said:

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

 

Does your municipality provide the option to officially dissolve your civil union?  Might be worth looking into if you want to be 100% free to marry in whatever jurisdiction you eventually decide to do so.

 

21 hours ago, emilyinrome said:

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.

 

Maybe if you lived in certain countries in Africa.  But in Italy, I doubt it will work.  In adjudicating cases, USCIS and the Department of State refer to the Reciprocity Schedule for acceptable documents.  The DOS Reciprocity page for Italy says: "Same-sex marriages are not recognized."  With that note on their own page, it's going to be an uphill battle for you to convince USCIS and DOS to accept your civil union in Italy as equivalent to marriage.

 

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