Domestic Partnership or Single for F2B?

[karenaguinn 0]

I have a sister that will be completing her DS260 soon. She has applied in previous years for non immigrant visas which were never approved, in the martial status section she has put domestic partnership because she has a daughter with her partner. However, we are not sure whether this is the best choice because in Colombia you have to register a domestic partnership with a notary which she has never done, we are wondering if we need to put single in the DS260 this time around? If someone has had a similar experience with the US Embassy in Colombia I would really appreciate your input! TIA

[Mike E 11,739]

50 minutes ago, karenaguinn said:

I have a sister that will be completing her DS260 soon. She has applied in previous years for non immigrant visas which were never approved, in the martial status section she has put domestic partnership because she has a daughter with her partner. However, we are not sure whether this is the best choice because in Colombia you have to register a domestic partnership with a notary which she has never done, we are wondering if we need to put single in the DS260 this time around? If someone has had a similar experience with the US Embassy in Colombia I would really appreciate your input! TIA

I expect she is going  to have problems getting an immigration visa because her DS-160 listed a marriage that didn’t exist.  
 

On what basis is she filing DS-260? Family based, employee based, diversity based, or ?

[karenaguinn 0]

Well that is the issue, domestic partnership is not a marriage in Colombia (she also never registered the domestic partnership with a Colombian notary which you must do in order to become valid); she never listed herself as married only as having a partner and being in a domestic partnership. So basically it was an mistake on my part who was completing the DS160. Family based F2B, daughter of an LPR.

[Mike E 11,739]

Reading the title I see this is F2B.
 

“B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.”

 

If she previously listed a marriage in a DS-160 then to the State department she is married.  
 

7 minutes ago, karenaguinn said:

Well that is the issue, domestic partnership is not a marriage in Colombia (she also never registered the domestic partnership with a Colombian notary which you must do in order to become valid); she never listed herself as married only as having a partner and being in a domestic partnership. So basically it was an mistake on my part who was completing the DS160. Family based F2B, daughter of an LPR.

right. 
 

So now she has the burden of convincing State this was a honest mistake and her DS-160 was not misrepresentation.  
 

We’ve never seen anyone successfully get an immigration visa after making this error on a previous DS-160.

 

If she lists herself as married on her DS-260, given the visa is for unmarried people I expect she would be denied anyway.
 

It won’t surprise me if the case is sent back to USCIS.  

 

Edited February 26, 2022 by Mike E

[karenaguinn 0]

Thank you, she never listed a marriage in her DS160s because she has never been legally married whether at a notary or church. She listed a domestic partnership because she was in one since she had a partner. She has not completed the DS260 yet.

[Mike E 11,739]

8 minutes ago, karenaguinn said:

Thank you, she never listed a marriage in her DS160s because she has never been legally married whether at a notary or church. She listed a domestic partnership because she was in one since she had a partner. She has not completed the DS260 yet.

As the form is online only , and it’s been several   years since I filled out a DS-160, I am not aware that DS-160 allows one to list domestic partnerships under the marital status section as anything but marriages. 
 

Nonetheless I expect problems.  Moving forward if she is not married today and has never been married that is how she should represent herself to State and USCIS. 

Edited February 26, 2022 by Mike E

[Redro 4,611]

1 hour ago, karenaguinn said:

I have a sister that will be completing her DS260 soon. She has applied in previous years for non immigrant visas which were never approved, in the martial status section she has put domestic partnership because she has a daughter with her partner. However, we are not sure whether this is the best choice because in Colombia you have to register a domestic partnership with a notary which she has never done, we are wondering if we need to put single in the DS260 this time around? If someone has had a similar experience with the US Embassy in Colombia I would really appreciate your input! TIA

When was the last time she completed a DS160? 

[Mike E 11,739]

36 minutes ago, karenaguinn said:

Thank you, she never listed a marriage in her DS160s because she has never been legally married whether at a notary or church. She listed a domestic partnership because she was in one since she had a partner. She has not completed the DS260 yet.

Looking at a screen shot of a DS-160 it asks for marital status.  What status did she select?

 

Did she list any Spouses in the family section?

[karenaguinn 0]

It was back in 2018, there was no spouse section once she chose domestic partnership. The option that came out was partner and she completed that part. 

[Redro 4,611]

3 minutes ago, karenaguinn said:

It was back in 2018, there was no spouse section once she chose domestic partnership. The option that came out was partner and she completed that part. 

The choices in 2018 were "married" "divorced" "widowed" or "single" and "other"... there was no "domestic partnership" option. 

 

[karenaguinn 0]

I have a copy of the DS160 in front of me that there was a "domestic partnershio" option as well as a "partner" option. This would apply to same sex couples, for example.

[Mike E 11,739]

3 minutes ago, karenaguinn said:

I have a copy of the DS160 in front of me that there was a "domestic partnershio" option as well as a "partner" option. This would apply to same sex couples, for example.

Here is the potential  problem.  She selected domestic partnership in the non immigrant visa application, and yet per your post and comments, there was no domestic partnership.  So the consulate might consider this misrepresentation.  
 

Moving forward, she should tell the truth. If the domestic partnership comes up, she should tell truth and  hope for best.  

[JeanneAdil 6,495]

Does Colombia recognize common law marriage?

 

Colombian notaries are similar to a County Clerk or Clerk of Court in the United States. Common Law Marriage in Colombia: If you live together with your partner for 2 years in Colombia, your relationship automatically qualifies as a common law marriage.

[SteveInBostonI130 3,434]

1 hour ago, karenaguinn said:

I have a copy of the DS160 in front of me that there was a "domestic partnershio" option as well as a "partner" option. This would apply to same sex couples, for example.

 

The problem we have seen many times here on VJ was went the beneficiary of a K1 or CR1 went to the interview, the CO asked for a divorce certificate of their previous marriage because in the past they falsely listed "married" in a B2 application.  As far as I am aware, none of these cases successfully resolved their issue and had their visa approved.  It was impossible to produce a divorce certificate for a marriage that never existed.

 

I do not know how the embassy will handle your sister's case for the domestic partnership.  They may request a document confirming the dissolution of the partnership or they may deny her visa for considering her not qualifying as an unmarried daughter.  The only thing to do is to list her status truthfully on the DS-260, as one should always do.  Then see what happens?  Or consult an immigration lawyer that has seen this type of situation before.  

 

Edited February 26, 2022 by SteveInBostonI130

[karenaguinn 0]

Thank you!