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

[ClickityClackity 133]

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!

[Cryssiekins 976]

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. 

[Crazy Cat 39,256]

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.

[ClickityClackity 133]

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?

[little immigrant 800]

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. 

[Crazy Cat 39,256]

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.

[Eugenia2017 28]

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

[ClickityClackity 133]

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...

[Crazy Cat 39,256]

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.

[ClickityClackity 133]

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 May 11, 2019 by Mary&Rafa

[Crazy Cat 39,256]

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.

[Eugenia2017 28]

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 

[Cryssiekins 976]

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

[ClickityClackity 133]

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"

[Crazy Cat 39,256]

 

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....