KLL

So I am not sure but I can tell you what happened in our case:  Because I mentioned the Pareja de Hecho as evidence of our relationship, USCIS sent and RFE and asked us to explain this marriage and provide evidence that it was dissolved and that I am free to marry.  I thought this was strange because all of the information I saw on their website said that this was not recognized as marriage.
 
So in response to the RFE, based on feedback from this thread, I decided to present evidence from the Catalan law which essentially indicates the differences between Pareja de Hecho and actual marriage and also indicated how easily it can be dissolved and the obligations after dissolution etc.  Essentially I wrote a statement that said I was never married and that under catalan law, those that are in a pareja de hecho are free to marry and it automatically dissolves the pareja, according to law. 
 
I then waited for a response and was sent an approval of our application.  So in the end this was successful.  If I were you I would probably just not provide any indication that he ever had a civil union. It is not a marriage in Spain and is not recognized as a marriage by the USA, but just mentioning it could get you into a complicated situation of having to explain that and hoping your agent agrees.  It could end up delaying your application or perhaps even causing your application to be rejected.  I hope this helps

@Melc  Thanks for the input.  Yes I looked up the law specific to catalunya and it very clearly states that not only does this union dissolve when one or both members get married, but also that someone already in another marriage but separated can enter into a civil partnership (both of which directly contradict the idea that the partnership prevents one from marrying)/  Additionally I read the law and it states that if you cohabitate with an individual for 2 years or for any period of time with a common child, you automatically gain civil partnership status.  It also does not provide the ability to file income taxes jointly, nor does it automatically give financial a widow the assets of the deceased inless a will has been drawn up in advance.  Essentially it is just clearly not a marriage, which is why I included the documentation with my application.
 
I am jsut going to have a translation of the law along with a statement from my lawyer explaining that this is not a marriage and why and I will explain why I included the document in my submission.  I hope this does the trick.  If not then it will be back to square one and I will most likely start from scratch with CR1.  I wish I had heard more perspectives on this board before making the decision to file K1, but at this point it seems to me that we are so close that it makes no sense to start over.
 
Again thanks for the advice.

@Kay & Evan  Thanks for the reply.  yeah we were pretty shocked too considering so many people get approved for K1 even though they have only met once or twice in their lives it seems.  We provided a lengthy history of our relationship, starting off with the night we met and then detailing how the relationship progressed up to when and how we decided to marry.  We even both went and visited my family 2 summers ago (btw I am from Chicago too!).  YEs I asked the notary in Barcelona for documentation describing the law and that it is not a marriage or how it is different than marriage or that it does not prevent marriage but they don't seem to have anything helpful.  I think I will go to the consulate and see if I can get some advice on what to include.
 
Perhaps your pre-emptive  statements about civil partnership may have helped.  I am pretty sure we did something like that as well. At this point its been 6 months so I don't recall.  I am dreading digging back into the stack of 5000 papers to review.  Anyhow, I really appreciate the response and I am happy you guys had a simple procedure.  Best of luck!

Sorry, I just noticed that you did in fact have a timeline on your profile page.  I see you did not get an RFE (unlike us) even though you were in the exact same situation as us.  I am happy that you guys managed to get approved and I see that your wedding is coming soon!  Congrats!  

Guys, I did not detail the full packet I submitted.  Of course I submitted an affidavit showing intent to marry.  I am not asking for advice on what I should have done.  The past is the past. I am asking for advice on what I should do.  
 
I am receiving a lot of answers here which, quite honestly, are not helpful and are also quite frankly incorrect.  For example @Orangesapples and @SteveInBostonI130 , saying I should have filed a CR1 visa.  The official statements made by USCIS which I posted above specifically state that civil union is only recognized as marriage by USA for countries that recognize them as marriage.  In Spain civil union is not recognized as marriage ccording to law - as I stated previously.  So, no I should not have filed CR1 visa (spouse visa) as I am not married and my fiance is not my spouse.  That would have been specifically going against their own qualifications as posted on their website.  I would have been rejected for that visa as I am not married. I am not sure why you would be telling me to go against their recommendations. That is not helpful.  Also I understand that most people do K1 for the reason you stated, but considering I am not married and would like to get married, there are 2 options, get married together in the USA with a k1, or get married abroad and then file CR1.  Considering we want to get married in USA and not Europe and that marriage in Europe can take much time, plus that the K1 is a faster route to my fiance's visa, we selected K1 after consulting with an immigration attorney and friends who went through the CR1 and K1 process.  The fact that we are together does not rule out the K1 process as an option by any means.
 
Additionally @Jorgedig @payxibka and @Luckycuds I am aware that a statement of intent to marry is required, and yes I provided it.  We both signed an affidavit and had it notarized.  Again we spent months researching this and providing all the documentation requested.  I understand that simple statement is all that is "needed."  I also understand thousands of people have gotten approved with as much.  But I have also seen that many people have been denied or have been sent RFEs due to not providing enough documentation. To pretend that all that is "needed" - the bare minimum -  is all that one should send is not really accurate is it.  In fact, from what I have researched, people almost always send more than what is "needed" or "required" to avoid an RFE.  The instructions are very vague and provide a loose list of evidence that could be supplied in support of or as evidence of the relationship and intent to marry etc.  This is why people send plane ticket receipts, photos, documentation of cohabitation, text messages etc etc.  No this process is not "very simple." If it were, there would not be lawyers paid thousands of dollars and forums of thousands of people asking questions and companies that exist solely to provide help to people in the process.  Again, telling me that this is so simple is not helpful.
 
I asked for advice on what I should do moving forward.  Not what I should have done in the past (which can not be changed) and oversimplification as well as wisdom coming from people who already know I received an RFE and have all the answers looking back in time, but no advice on what should be done now is not helpful.  I already posted that indeed this was not "required" and I posted the reason for my inclusion of the documents.  If you do not have anything to add that can be helpful in terms of how to move forward in this process, I would ask that you do not comment as that is not the purpose of this thread.
 
Yes you can not "prove" intent.  But you can show evidence of intent and evidence of bonfide relationship status. This is what I intended with this documentation.  You can not prove the relationship either, but you can provide evidence in support of it.  That is the purpose of providing all the documentation requested.
 
@powerpuff Thank you for your advice.  I am intending to do this, but I am a bit nervous that it will not be complete in time for my deadline.  I was hoping someone might have some advice in regard to if there can be extension granted etc.
 
Again, I was happy to share my case in order to help people who may be in a similar situation in the future and may need advice, and I also would be happy to receive advice as to what should be done moving forward.  But please for anyone who is just looking to tell me what I should have done in the past, hindsight is 20/20.  Knowing what I know now, even I could tell myself that I should not have included that document despite the fact that I know that I am not married and that I am free to marry as stated in Spanish law.  
 
Thanks in advanced for any advice anyone can provide.
 
 

Guys, I did not detail the full packet I submitted.  Of course I submitted an affidavit showing intent to marry.  I am not asking for advice on what I should have done.  The past is the past. I am asking for advice on what I should do.  
 
I am receiving a lot of answers here which, quite honestly, are not helpful and are also quite frankly incorrect.  For example @Orangesapples and @SteveInBostonI130 , saying I should have filed a CR1 visa.  The official statements made by USCIS which I posted above specifically state that civil union is only recognized as marriage by USA for countries that recognize them as marriage.  In Spain civil union is not recognized as marriage ccording to law - as I stated previously.  So, no I should not have filed CR1 visa (spouse visa) as I am not married and my fiance is not my spouse.  That would have been specifically going against their own qualifications as posted on their website.  I would have been rejected for that visa as I am not married. I am not sure why you would be telling me to go against their recommendations. That is not helpful.  Also I understand that most people do K1 for the reason you stated, but considering I am not married and would like to get married, there are 2 options, get married together in the USA with a k1, or get married abroad and then file CR1.  Considering we want to get married in USA and not Europe and that marriage in Europe can take much time, plus that the K1 is a faster route to my fiance's visa, we selected K1 after consulting with an immigration attorney and friends who went through the CR1 and K1 process.  The fact that we are together does not rule out the K1 process as an option by any means.
 
Additionally @Jorgedig @payxibka and @Luckycuds I am aware that a statement of intent to marry is required, and yes I provided it.  We both signed an affidavit and had it notarized.  Again we spent months researching this and providing all the documentation requested.  I understand that simple statement is all that is "needed."  I also understand thousands of people have gotten approved with as much.  But I have also seen that many people have been denied or have been sent RFEs due to not providing enough documentation. To pretend that all that is "needed" - the bare minimum -  is all that one should send is not really accurate is it.  In fact, from what I have researched, people almost always send more than what is "needed" or "required" to avoid an RFE.  The instructions are very vague and provide a loose list of evidence that could be supplied in support of or as evidence of the relationship and intent to marry etc.  This is why people send plane ticket receipts, photos, documentation of cohabitation, text messages etc etc.  No this process is not "very simple." If it were, there would not be lawyers paid thousands of dollars and forums of thousands of people asking questions and companies that exist solely to provide help to people in the process.  Again, telling me that this is so simple is not helpful.
 
I asked for advice on what I should do moving forward.  Not what I should have done in the past (which can not be changed) and oversimplification as well as wisdom coming from people who already know I received an RFE and have all the answers looking back in time, but no advice on what should be done now is not helpful.  I already posted that indeed this was not "required" and I posted the reason for my inclusion of the documents.  If you do not have anything to add that can be helpful in terms of how to move forward in this process, I would ask that you do not comment as that is not the purpose of this thread.
 
Yes you can not "prove" intent.  But you can show evidence of intent and evidence of bonfide relationship status. This is what I intended with this documentation.  You can not prove the relationship either, but you can provide evidence in support of it.  That is the purpose of providing all the documentation requested.
 
@powerpuff Thank you for your advice.  I am intending to do this, but I am a bit nervous that it will not be complete in time for my deadline.  I was hoping someone might have some advice in regard to if there can be extension granted etc.
 
Again, I was happy to share my case in order to help people who may be in a similar situation in the future and may need advice, and I also would be happy to receive advice as to what should be done moving forward.  But please for anyone who is just looking to tell me what I should have done in the past, hindsight is 20/20.  Knowing what I know now, even I could tell myself that I should not have included that document despite the fact that I know that I am not married and that I am free to marry as stated in Spanish law.  
 
Thanks in advanced for any advice anyone can provide.
 
 

Guys, I did not detail the full packet I submitted.  Of course I submitted an affidavit showing intent to marry.  I am not asking for advice on what I should have done.  The past is the past. I am asking for advice on what I should do.  
 
I am receiving a lot of answers here which, quite honestly, are not helpful and are also quite frankly incorrect.  For example @Orangesapples and @SteveInBostonI130 , saying I should have filed a CR1 visa.  The official statements made by USCIS which I posted above specifically state that civil union is only recognized as marriage by USA for countries that recognize them as marriage.  In Spain civil union is not recognized as marriage ccording to law - as I stated previously.  So, no I should not have filed CR1 visa (spouse visa) as I am not married and my fiance is not my spouse.  That would have been specifically going against their own qualifications as posted on their website.  I would have been rejected for that visa as I am not married. I am not sure why you would be telling me to go against their recommendations. That is not helpful.  Also I understand that most people do K1 for the reason you stated, but considering I am not married and would like to get married, there are 2 options, get married together in the USA with a k1, or get married abroad and then file CR1.  Considering we want to get married in USA and not Europe and that marriage in Europe can take much time, plus that the K1 is a faster route to my fiance's visa, we selected K1 after consulting with an immigration attorney and friends who went through the CR1 and K1 process.  The fact that we are together does not rule out the K1 process as an option by any means.
 
Additionally @Jorgedig @payxibka and @Luckycuds I am aware that a statement of intent to marry is required, and yes I provided it.  We both signed an affidavit and had it notarized.  Again we spent months researching this and providing all the documentation requested.  I understand that simple statement is all that is "needed."  I also understand thousands of people have gotten approved with as much.  But I have also seen that many people have been denied or have been sent RFEs due to not providing enough documentation. To pretend that all that is "needed" - the bare minimum -  is all that one should send is not really accurate is it.  In fact, from what I have researched, people almost always send more than what is "needed" or "required" to avoid an RFE.  The instructions are very vague and provide a loose list of evidence that could be supplied in support of or as evidence of the relationship and intent to marry etc.  This is why people send plane ticket receipts, photos, documentation of cohabitation, text messages etc etc.  No this process is not "very simple." If it were, there would not be lawyers paid thousands of dollars and forums of thousands of people asking questions and companies that exist solely to provide help to people in the process.  Again, telling me that this is so simple is not helpful.
 
I asked for advice on what I should do moving forward.  Not what I should have done in the past (which can not be changed) and oversimplification as well as wisdom coming from people who already know I received an RFE and have all the answers looking back in time, but no advice on what should be done now is not helpful.  I already posted that indeed this was not "required" and I posted the reason for my inclusion of the documents.  If you do not have anything to add that can be helpful in terms of how to move forward in this process, I would ask that you do not comment as that is not the purpose of this thread.
 
Yes you can not "prove" intent.  But you can show evidence of intent and evidence of bonfide relationship status. This is what I intended with this documentation.  You can not prove the relationship either, but you can provide evidence in support of it.  That is the purpose of providing all the documentation requested.
 
@powerpuff Thank you for your advice.  I am intending to do this, but I am a bit nervous that it will not be complete in time for my deadline.  I was hoping someone might have some advice in regard to if there can be extension granted etc.
 
Again, I was happy to share my case in order to help people who may be in a similar situation in the future and may need advice, and I also would be happy to receive advice as to what should be done moving forward.  But please for anyone who is just looking to tell me what I should have done in the past, hindsight is 20/20.  Knowing what I know now, even I could tell myself that I should not have included that document despite the fact that I know that I am not married and that I am free to marry as stated in Spanish law.  
 
Thanks in advanced for any advice anyone can provide.