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Mary&Rafa

Is Spanish Common Law Marriage valid to request IR-1 or CR-1?

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Hi all!

 

I have two friend in Spain (an American citizen and a Spanish citizen) that are "pareja de hecho" or common law married in Spain. I was wondering if they could apply for an IR-1 or CR-1 visa or the K-1 would be the better option for them. 

Thank you in advance!

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As far as I know, there has to be a legal marriage ceremony.  I know in Canada, where common-law marriage is also a thing, it isn’t always recognized for things requiring a legal marriage. 

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1 minute ago, Mary&Rafa said:

Hi all!

 

I have two friend in Spain (an American citizen and a Spanish citizen) that are "pareja de hecho" or common law married in Spain. I was wondering if they could apply for an IR-1 or CR-1 visa or the K-1 would be the better option for them. 

Thank you in advance!

I would get a legal, documented marriage in Spain, then file for a CR-1/IR-1 if I had a choice between the 2.  There aren't many advantages to a K-1 if the couple is already living together outside the US.


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Just now, Cryssiekins said:

As far as I know, there has to be a legal marriage ceremony.  I know in Canada, where common-law marriage is also a thing, it isn’t always recognized for things requiring a legal marriage. 

 

Just now, missileman said:

I would get a legal, documented marriage in Spain, then file for a CR-1/IR-1 if I had a choice between the 2.  There aren't many advantages to a K-1 if the couple is already living together outside the US.

What if (and this is hypothetical) they do not want to have an actual marriage, just remain with the common law marriage?

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2 minutes ago, Mary&Rafa said:

 

What if (and this is hypothetical) they do not want to have an actual marriage, just remain with the common law marriage?

Then the US citizen cannot sponsor the foreign spouse. 


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2011-10-31 US Entry with CR1
2013-09-02 ROC filed
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2014-03-05 Biometrics
2014-03-24 Approved
2014-05-05 Green card received
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2015-06-17 Remarried
2016-08-02 N400 filed under 5 year rule
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2016-09-02 Biometrics
2017-05-04 Interview
2017-07-05 Oath Ceremony
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2017-07-05 Filed for AOS
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1 minute ago, Mary&Rafa said:

 

What if (and this is hypothetical) they do not want to have an actual marriage, just remain with the common law marriage?

I think they would probably find themselves in the position of being too married for a K-1 and not married enough for a CR1/IR1.    My advice would be to get a documented marriage certificate, and proceed with a spousal visa.


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Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
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  • Marriage: 7/30/2015
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  • Checklist: 1/13/17 
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  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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1 minute ago, little immigrant said:

Then the US citizen cannot sponsor the foreign spouse. 

they would need to file for K-1 then right?

1 minute ago, missileman said:

I think they would probably find themselves in the position of being too married for a K-1 and not married enough for a CR1/IR1.    My advice would be to get a documented marriage certificate, and proceed with a spousal visa.

I see that's quite the pickle they would get themselves into...

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Just now, Mary&Rafa said:

they would need to file for K-1 then right?

Not necissarily.  If the Consulate Officer thinks they are married by local custom, then it make a denial very likely.


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Retired 20 year US Air Force Missileer

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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Posted (edited)
4 minutes ago, Eugenia2017 said:

Hola matrimonio de hecho no son válidos . Se necesita matrimonio civil en España o Usa para aplicar a una visa de cónyuge para la CR1 para visa de prometido K1 les dan  90 días para q se casen cuando entran a USA

Hola,

 

The if they are pareja de hecho they could apply for K-1 right?

2 minutes ago, missileman said:

Not necissarily.  If the Consulate Officer thinks they are married by local custom, then it make a denial very likely.

Hmmmm. They have lots to think about. 

Edited by Mary&Rafa

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2 minutes ago, Eugenia2017 said:

Hola matrimonio de hecho no son válidos . Se necesita matrimonio civil en España o Usa para aplicar a una visa de cónyuge para la CR1 para visa de prometido K1 les dan  90 días para q se casen cuando entran a USA

Please use English unless you are in the regional sub-forums...Thanks.


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Retired 20 year US Air Force Missileer

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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2 minutes ago, Mary&Rafa said:

they would need to file for K-1 then right?

I see that's quite the pickle they would get themselves into...

Exactly as stated above. Countries that recognize common law marriage only do so for limited things.  I would expect the US (which is also common law) may recognize the union for things like health insurance benefits (between 2 citizens) but for something like immigration, it would need to be a legal marriage.  Not a big fancy wedding either, just the paper :)

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1 minute ago, Eugenia2017 said:

Si la visa fiancé es para los q estás comprometidos y se conocen mínimo 2 años y cuando la aprueban y entran a Usa tienen 90 días para casarse 

Then it wouldn't really work for "pareja de hecho"

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1 minute ago, Eugenia2017 said:

Si la visa fiancé es para los q estás comprometidos y se conocen mínimo 2 años y cuando la aprueban y entran a Usa tienen 90 días para casarse 

Please use English in upper forums....


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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