# Moving to the US with civil partner



## PTVeiga (Nov 1, 2012)

Hi,

My name is Pedro, I am portuguese, and I am moving to New York starting next August. I have a long time girlfriend, with whom I have been living with for the past 5 years. Under the portuguese law, we are living in "união de facto", which could be translated as a civil union (we have similar rights and obligations as a married couple).
By moving to New York, I will earn enough to support us both, although she has every intention in finding work once we're there. But I have some doubts about the whole process:

- Will our civil union be recognized when applying to a VISA?
- Is she eligible to a spouse VISA? Are there any other options?
- If not, what are our options? Getting married? Her finding a job there right now that guarantees her a work contract that she could use when applying for a VISA?

I know some of these issues have been attended in earlier posts, but some of them are a few years old and I am not aware of the legal changes that may have occurred in the meantime.

Thank you for your time.

Best regards,

Pedro


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## twostep (Apr 3, 2008)

A lot of posts dealing with your question are a few months old at best.
US Immigration does not recognize non-married partnerships. You can apply for B2 co-habitation which might allow her to live in the US but this does not include any form of employment (remote or on site). Of course she can try to get her own employer sponsored visa depending on qualifications/demand.

What visa will your employer use to move you to New York?


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## PTVeiga (Nov 1, 2012)

twostep said:


> A lot of posts dealing with your question are a few months old at best.
> US Immigration does not recognize non-married partnerships. You can apply for B2 co-habitation which might allow her to live in the US but this does not include any form of employment (remote or on site). Of course she can try to get her own employer sponsored visa depending on qualifications/demand.
> 
> What visa will your employer use to move you to New York?


I am not sure yet as the recruitment process is ongoing. Is that relevant to issue above? 
So the USA doesn't recognize other unions besides marriage? I presume that getting married would solve all visa-related issues, then. Is this correct?


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## Bevdeforges (Nov 16, 2007)

PTVeiga said:


> I am not sure yet as the recruitment process is ongoing. Is that relevant to issue above?
> So the USA doesn't recognize other unions besides marriage? I presume that getting married would solve all visa-related issues, then. Is this correct?


Your visa status will be very relevant to her status if you decide to get married. If you get an H1B visa ( i.e. tied to your employment), your wife will probably get a visa that does NOT allow her to work.

And you will need to be married by the time your visa application goes in so that she can apply at the same time for a dependent visa. If you tie the knot after you head for the US, the process can take much, much longer.
Cheers,
Bev


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## twostep (Apr 3, 2008)

PTVeiga said:


> I am not sure yet as the recruitment process is ongoing. Is that relevant to issue above?
> So the USA doesn't recognize other unions besides marriage? I presume that getting married would solve all visa-related issues, then. Is this correct?


It will solve her legal status as far as being in the US during your authorized stay. It does not mean she will be authorized to work.


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## PTVeiga (Nov 1, 2012)

twostep said:


> It will solve her legal status as far as being in the US during your authorized stay. It does not mean she will be authorized to work.


From the description I found online, I suppose I would get a G visa but the site I went to had no reference to dependent visas related to that specific kind of visa.


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## twostep (Apr 3, 2008)

Turnips:>)
Your employer will be able to answer which visa might be applied for for your spouse. Probably a G4.


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