K-1 Fiance(e) or K3 Spousal? - Civil Union

[Sime26 0]

Hi Everyone.

I am new to this and am desperately trying not to make a mistake to avoid delays or being denied.

I am an American citizen wanting to sponsor a Canadian citizen and I just want to make sure I file the correct petition.

Here's our situation:

· We are a heterosexual couple (man/woman).

· We have been together since 2009, but we entered in a Civil Union in August 2013 in the Province of Quebec in Canada.

· In the province of Quebec, civil unions are equivalent to marriages in rights and obligations.

The main difference between civil unions and marriages is that civil unions can be ended without a divorce simply through a notary or when the couple decides to marry each other.

The certificate that we obtained from the government says “civil union and not marriage act.” We are also told that this type of union is only valid here in Quebec and not anywhere else. In Canada, our civil union allows her to sponsor me for Permanent Residence because it is equivalent to marriage.

Should I file for a fiancé visa (K-1) or a spousal visa (k-3) based on the above information? Will the U.S. consider our union as an official marriage or since we are both free to marry each other should we apply for a Fiance visa? (Should we ignore the civil union?)

This is so confusing. I don't know where to get help. Should I try to call the USCIS call center? Has anyone been in a similar situation?

Thanks for any advice!

[TBoneTX 43,058]

Welcome to VJ! I've removed a duplicate post (please post just once on a topic) and have moved this one from the CR-1 Process forum to the Canada regional forum, where several members will have input on which visa type might be right for you, given the legalities in Quebec. Good luck!

Edited October 17, 2014 by TBoneTX

[sharda 8]

I would say file for K-1 as you are not legally married in the eyes/law of US......or you can get married legally and file for CR-1

[Rob L 3,811]

Hi Everyone.

I am new to this and am desperately trying not to make a mistake to avoid delays or being denied.

I am an American citizen wanting to sponsor a Canadian citizen and I just want to make sure I file the correct petition.

Here's our situation:

· We are a heterosexual couple (man/woman).

· We have been together since 2009, but we entered in a Civil Union in August 2013 in the Province of Quebec in Canada.

· In the province of Quebec, civil unions are equivalent to marriages in rights and obligations.

The main difference between civil unions and marriages is that civil unions can be ended without a divorce simply through a notary or when the couple decides to marry each other.

The certificate that we obtained from the government says “civil union and not marriage act.” We are also told that this type of union is only valid here in Quebec and not anywhere else. In Canada, our civil union allows her to sponsor me for Permanent Residence because it is equivalent to marriage.

Should I file for a fiancé visa (K-1) or a spousal visa (k-3) based on the above information? Will the U.S. consider our union as an official marriage or since we are both free to marry each other should we apply for a Fiance visa? (Should we ignore the civil union?)

This is so confusing. I don't know where to get help. Should I try to call the USCIS call center? Has anyone been in a similar situation?

Thanks for any advice!

I would say file for K-1 as you are not legally married in the eyes/law of US......or you can get married legally and file for CR-1

In the US of A...you are Married

http://www.immigration-quebec.gouv.qc.ca/en/choose-quebec/daily-life/marriage.html

Civil union

Two persons may also contract a civil union. The civil union was designed in Québec for the benefit of couples of the opposite or same sex who wish to publicly commit to a life together and to respect the rights and obligations of that union. It is equivalent to marriage.

[Rob L 3,811]

Here are some resources

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter2.html#S-D-1