Can I marry in the USA while waiting for my UK civil partnership to be dissolved?

[Haz13 0]

I'm a dual national British/South African citizen living in the UK. I'm currently waiting for my British civil partnership to be dissolved. This can take a really long time.
Is it possible for me to obtain a fiance visa to marry my new US partner in the US in the interim? I understand UK civil partnerships aren't recognised for immigration purposes there, but would it prevent me getting married?

[JeanneAdil 6,244]

• you are not free to marry and can not state that in the petition 

https://www.uscis.gov/family/family-of-us-citizens/visas-for-fiancees-of-us-citizens

• You and your fiancé(e) are both legally free to marry (this means you both are legally able to marry in the United States and any previous marriages have been legally terminated by divorce, death, or annulment); and

[Crazy Cat 39,597]

2 hours ago, Haz13 said:

I'm a dual national British/South African citizen living in the UK. I'm currently waiting for my British civil partnership to be dissolved. This can take a really long time.
Is it possible for me to obtain a fiance visa to marry my new US partner in the US in the interim? I understand UK civil partnerships aren't recognised for immigration purposes there, but would it prevent me getting married?

An existing  civil partnership could be seen, by the consulate, as being too married for a K-1.....even after USCIS approval of an I-129f.

Edited May 23, 2022 by Crazy Cat

[Boiler 43,701]

I was looking at it another way as I am not sure these had been around very long during my time.

 

Could you get married in the Uk, K1 is a bad choice usually but if the civil partnership does not preclude you marrying somebody else then ok, but I would marry and go CR1

[Chancy 6,233]

*** Moved from K1 Progress Reports to K1 Process & Procedures ***

 

[SalishSea 16,862]

5 hours ago, Haz13 said:

I'm a dual national British/South African citizen living in the UK. I'm currently waiting for my British civil partnership to be dissolved. This can take a really long time.
Is it possible for me to obtain a fiance visa to marry my new US partner in the US in the interim? I understand UK civil partnerships aren't recognised for immigration purposes there, but would it prevent me getting married?

Is it legal to marry in the UK prior to the dissolution of the civil partnership?

[SusieQQQ 11,585]

4 hours ago, Jorgedig said:

Is it legal to marry in the UK prior to the dissolution of the civil partnership?

Exactly, the answer to this question is the answer to the title question.  And it is …. No

 

https://www.gov.uk/marriages-civil-partnerships
 

You can get married or form a civil partnership in England or Wales if you’re:

• 16 or over
• not already married or in a civil partnership
• not closely related

 

Edited May 24, 2022 by SusieQQQ

[SalishSea 16,862]

2 hours ago, SusieQQQ said:

Exactly, the answer to this question is the answer to the title question.  And it is …. No

 

https://www.gov.uk/marriages-civil-partnerships
 

You can get married or form a civil partnership in England or Wales if you’re:

• 16 or over
• not already married or in a civil partnership
• not closely related

 

Then:  not legal for US immigration.

[African Zealot 1,453]

6 hours ago, SusieQQQ said:

Exactly, the answer to this question is the answer to the title question.  And it is …. No

 

https://www.gov.uk/marriages-civil-partnerships
 

You can get married or form a civil partnership in England or Wales if you’re:

• 16 or over
• not already married or in a civil partnership
• not closely related

 

Game, set, and match. No wiggle room.