K-1 for UK who's dissolving a civil partnership

[K1forlove 0]

Hi, I need some guidance....my current partner lives in the USA and we've completed the initial pack of documents (I-129F) to begin the K-1 process. Before we send them we're slightly confused about a point.

I was in a long term relationship in the UK which ended in early 2014. In 2009 my ex and I had a Civil Partnership (CP) in the UK. A civil partnership is very clearly not a marriage as the UK they didn't recognise sam sex marriage then. My ex and I never got around to dissolving the CP until now and it will take another eight weeks to formally be dissolved as the process fundamentally follows the same as it would if were married and were getting a divorce (the UK didn't build a separate process).

Here are my questions:

1. for all forms for the K-1, as USCIS doesn't recognise the CP as a marriage on all forms I've put that I'm 'single' as I'm not 'married' or 'divorced' - does anyone know if this is correct? Also, whenever I'm asked throughout the process/interview I just won't confuse the matter and I'll continue to say that I'm 'single' and never married/divorced. Is this correct?

2. Also, given all the timelines for the K-1, are we okay to file the I-129F from now while I complete the CP dissolution process in the background?

We're not looking to cheat or game the system at all...and acquiring a lawyer is a lot of money which we'd much rather not have to spend. I believe we're okay for me to considered 'single' and can file the I-129F - but I thought I'd check if anyone else has an opinion.

Many thanks!

Edited February 8, 2016 by K1forlove

[canadian_wife 1,831]

I guess the question is, are you currently free to marry? You may not file until both parties are free to marry

Good luck

[K1forlove 0]

I believe I am free to marry....

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter2.html

This links shoes that:

Validity of Marriage ​for Immigration Purposes​

​

The applicant must establish validity of his or her marriage. ​In general,​ the legal validity of a marriage is determined by the law of the place where the marriage was celebrated​ (“place-of-celebration rule”)​. ​Under this rule, a​ marriage is valid for immigration purposes in cases where​ t​he marriage is valid under the law of the jurisdiction in which it is performed​.​[1]

​

In all cases, the burden is on the applicant to establish that he or she has a valid marriage with his or her U.S. citizen spouse for the required period of time.​ [2] In most cases, a marriage certificate is prima facie evidence that the marriage was properly and legally performed.​

​

USCIS does not recognize the following relationships as marriages​, even if valid in the place of celebration​:​

​

•Polygamous marriages​;​ [3]
​

•Certain marriages that violate the strong public policy of the state of residence of the couple;​ [4] ​

​

•Civil unions, domestic partnerships, or other such relationships not recognized as marriages in the place of celebration;​ [5]
​

•Relationships where one party is not present during the marriage ceremony (proxy marriages) unless the marriage has been consummated;​ or​ ​
​

•Relationships entered into for purposes of evading immigration laws of the United States​

[JFH 12,195]

Since the civil partnership in the UK has a legal basis, and requires a formal, legal dissolution process, I don't think you can say you are single and never married. That would only apply if you were merely living together, with no legal status to your relationship. But your union has been recognised by the law of the land here.

[JFH 12,195]

I believe I am free to marry....

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter2.html

This links shoes that:

Validity of Marriage ​for Immigration Purposes​

​

The applicant must establish validity of his or her marriage. ​In general,​ the legal validity of a marriage is determined by the law of the place where the marriage was celebrated​ (place-of-celebration rule)​. ​Under this rule, a​ marriage is valid for immigration purposes in cases where​ t​he marriage is valid under the law of the jurisdiction in which it is performed​.​[1]

​

In all cases, the burden is on the applicant to establish that he or she has a valid marriage with his or her U.S. citizen spouse for the required period of time.​ [2] In most cases, a marriage certificate is prima facie evidence that the marriage was properly and legally performed.​

​

USCIS does not recognize the following relationships as marriages​, even if valid in the place of celebration​:​

​

Polygamous marriages​;​ [3]

​

Certain marriages that violate the strong public policy of the state of residence of the couple;​ [4] ​

​

Civil unions, domestic partnerships, or other such relationships not recognized as marriages in the place of celebration;​ [5]

​

Relationships where one party is not present during the marriage ceremony (proxy marriages) unless the marriage has been consummated;​ or​ ​

​

Relationships entered into for purposes of evading immigration laws of the United States​

To be on the safe side, I'd just wait the 8 weeks. Why cause potentially additional problems? Even though USCIS doesn't recognise civil partnerships, the U.K does. And it's London where you will be interviewed and London that has the ultimate say on approval.

[K1forlove 0]

okay that's a good point....so I should wait until the whole thing is dissolved legally even before submitting anything about the K-1 then.

it just adds another two months to an already super lengthy process. crips.

thanks for the perspective.

[JFH 12,195]

If you think K-1 is lengthy, don't even think about CR-1! LOL! If you wait 8 weeks from now and then file, there's every chance you two will be living together before our file has even reached the NVC! Current timelines for the UK are showing K-1 taking around 4 months from sending the petition to receiving the visa in the mail.

[K1forlove 0]

four months from when JR sends the initial I-129F pack through to receiving the visa in the mail - is that all???

I'm new to this site and haven't looked at the timelines properly, but I was projecting a typical case scenario will take 6-8 months.

[Nich-Nick 3,354]

To be on the safe side, I'd just wait the 8 weeks. Why cause potentially additional problems? Even though USCIS doesn't recognise civil partnerships, the U.K does. And it's London where you will be interviewed and London that has the ultimate say on approval.

My thoughts on this are London, the city in the United Kingdom, has no say. It is the US Embassy and the US Department of State that have the say. United States rules apply, right? It is similar to other differences that come to mind--

1) Immunizations. The UK does not immunize for varicella, doesn't matter what UK says. You follow US standards even though your interview is in the city of London.

2) Criminal Offenses. The UK gives cautions and hides the record. Doesn't matter that the UK doesn't report those on the ACPO police certificate. The US government counts those caution offenses and must see a record of them.

3) Passport photos. You can't use a "London" passport photo.You have to provide a US passport photo.

Just thinking out loud,,,,,

Edited February 8, 2016 by Nich-Nick

[K1forlove 0]

So Nick Nioch....would you argue that we're okay to file at present and in tandem get the dissolution complete? again, my preference is to get the k1 ball rolling, but I don't want us to get into any trouble...especially for my us fiancé!

Edited February 8, 2016 by K1forlove

[Shauneg 763]

four months from when JR sends the initial I-129F pack through to receiving the visa in the mail - is that all???

I'm new to this site and haven't looked at the timelines properly, but I was projecting a typical case scenario will take 6-8 months.

Yep.

[rutabaga 209]

I believe I am free to marry....

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter2.html

This links shoes that:

Validity of Marriage ​for Immigration Purposes​

​

[...]

​

USCIS does not recognize the following relationships as marriages​, even if valid in the place of celebration​:​

​

•Polygamous marriages​;​ [3]

​

•Certain marriages that violate the strong public policy of the state of residence of the couple;​ [4] ​

​

•Civil unions, domestic partnerships, or other such relationships not recognized as marriages in the place of celebration;​ [5]

​

•Relationships where one party is not present during the marriage ceremony (proxy marriages) unless the marriage has been consummated;​ or​ ​

​

•Relationships entered into for purposes of evading immigration laws of the United States​

Did you also consider the footnote that says "If the relationship is treated as a marriage, however, such as a “common law marriage,” it will be recognized.​"? I don't know if a civil partnership would be "treated as a marriage" in the UK so I'm not sure if this changes anything for you, just something to consider.

P.S. I'm also not sure whether the "treated" in "treated as a marriage" refers to the jurisdiction treating it as a marriage or the partners treating it as a marriage.

Edited February 8, 2016 by rutabaga

[Nich-Nick 3,354]

So Nick Nioch....would you argue that we're okay to file at present and in tandem get the dissolution complete? again, my preference is to get the k1 ball rolling, but I don't want us to get into any trouble...especially for my us fiancé!

It's an interesting debate for sure, and nothing that I have seen in my eight years helping US/UK people on here. So I have no reference of any previous cases. My initial thought was exactly like the first reply. The requirements of a fiance petition (I-129F)-

Petitioner must be a US citizen

You must have met in person within the last two years

Both must be free to marry

Both must intend to marry within 90 days of the beneficiary's entry on a K1 visa

And of course to get the visa, you have to meet the standards for health, criminal history, financial support so you don't become a public charge,,,

So while I agree you are single, are you free to marry? If you decided to get married to an opposite sex person in the UK this month, would you be allowed? If not, then you must be free to marry before you can submit the fiance petition.

Edited February 8, 2016 by Nich-Nick

[K1forlove 0]

Hi, I've written out to the As a Lawyer team in VJ for a professional opinion.... I'll update this thread once I hear back... I'm absolutely fine waiting a few more months before kicking off the K-1 process, but would obviously want to be with my partner as soon as possible.

Thanks for the perspective all!

[3rd 84]

If you think K-1 is lengthy, don't even think about CR-1! LOL! If you wait 8 weeks from now and then file, there's every chance you two will be living together before our file has even reached the NVC! Current timelines for the UK are showing K-1 taking around 4 months from sending the petition to receiving the visa in the mail.

four months from when JR sends the initial I-129F pack through to receiving the visa in the mail - is that all???

I'm new to this site and haven't looked at the timelines properly, but I was projecting a typical case scenario will take 6-8 months.

But something to remember is that the CR-1 has the AOS process 'baked in', as it were. So even though that route takes longer, you won't have to go through the hellish process of AOS which is what takes a great deal of time. Once you arrive on US soil and marry your fiancée, you'll need to start filling out all those other forms to get that ball rolling too. So I'd recommend filling out as much of them as you can before you even get that visa stamp in your passport as it can be a real pain. Took us about a month to get all our ducks in a row when it came to the forms as we had problems with our initial co-sponsor.

But I've got my fingers crossed that either you can file while you're dissolving your CP, or that the eight weeks fly by for you!