# Same Sex Partner question



## bjl73 (Sep 8, 2011)

My same sex civil partner (UK citizen) and I (US citizen) currently reside in the UK. 
We would like to move to the US. After June 1 2014 our IL civil union will be eligible for an 'upgrade' to a marriage certificate.
My question is which option would be best for us...
Option 1: K-1 Fiancé Visa. Apply for this visa, come over to US June 2014, get marriage licence, apply for adjustment of status, and settle in the US without needing to return to the UK. 
Option 2: travel to US in June on holiday, while there pick up marriage licence, return to UK, file K-3 Spousal Visa & wait in UK for approval before moving to US.


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## BBCWatcher (Dec 28, 2012)

You're comparing two different schedules. Option 1 requires you to apply now and may not be possible -- it depends on processing times whether you make that June date. (Apply now if you want a chance.) Option 2 will take longer to enter the U.S. because you're making a later application.

Apparently you really want a June wedding.


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## bjl73 (Sep 8, 2011)

BBCWatcher said:


> You're comparing two different schedules. Option 1 requires you to apply now and may not be possible -- it depends on processing times whether you make that June date. (Apply now if you want a chance.) Option 2 will take longer to enter the U.S. because you're making a later application.
> 
> Apparently you really want a June wedding.


We already had the wedding two years ago. Now We can apply for fiancé visa because we are civil partners not married. Come June our civil union will become a marriage retro dated back to our original civil union date. We have a year to 'upgrade' doesn't have to be in June that is just he soonest. Plus we are visiting family in June.


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## Davis1 (Feb 20, 2009)

Either way will really require the US to be in the US to file and earning enough for the Affidavit of support 

K-3 is virtually obsolete they they revert to CR1

for a fiancee visa 
K1 Visa Process Flowchart and Timeline

US Citizen can apply for a special visa to allow a non-citizen (their fiancée) to enter the country in order to get married to a US citizen inside the US.

Once issued, the K1 visa will allow the non-citizen to enter the United States legally, for 90 days in order for the marriage ceremony to take place. Once you marry, the non-citizen can remain in the US and may apply for permanent residence. While USCIS processes the application, the non-citizen can remain in the US legally
The US citizen income must meet the require minimum to fulfill the affidavit of support
currently$19400 .


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## ina (Feb 26, 2009)

Why don't you get married right now and file for the CR1 visa? There are countries in Europe where you could get married quickly and without residency requirements, such as Denmark. You could get married there in January if you wanted to (that way you wouldn't have to travel all the way to the U.S. to upgrade your current civil union). After that (if you have resided in the UK for more than 6 months), you're eligible for DCF (direct consular filing). So if all goes well you could have your spouse visa around May/June 2014. If you then move to the U.S. you're all set. No more adjustment of status paperwork and no waiting for work permits. As the above poster mentioned, you will need to be able to sponsor your partner financially and be domiciled in the U.S. but these are different issues.


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## bjl73 (Sep 8, 2011)

Davis1 said:


> Either way will really require the US to be in the US to file and earning enough for the Affidavit of support
> 
> K-3 is virtually obsolete they they revert to CR1
> 
> ...


From what I've read and the experience of others, I (the US) do not need to be in the US. I reside in the UK and can apply from the UK. We just need a sponsor in the US, which we have, as well as our savings. I know the difference between the two and the requirements. What I don't know is which would be quicker. It seems both have up to a year waiting period on approval. I just can't believe it takes so long. 

To come to the UK we entered into a civil union in the US, applied for my spousal visa, and four weeks later I was living in the UK. Guess it's just easier to migrate to the UK.


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## BBCWatcher (Dec 28, 2012)

The process won't finish unless you start it. To start it now (and thus finish it sooner) apply for a fiance/fiancee visa (K-1), or get married right away (e.g. in Denmark) and apply for a spousal visa. Simple.


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## ina (Feb 26, 2009)

bjl73 said:


> From what I've read and the experience of others, I (the US) do not need to be in the US. I reside in the UK and can apply from the UK. We just need a sponsor in the US, which we have, as well as our savings. I know the difference between the two and the requirements. What I don't know is which would be quicker. It seems both have up to a year waiting period on approval. I just can't believe it takes so long.
> 
> To come to the UK we entered into a civil union in the US, applied for my spousal visa, and four weeks later I was living in the UK. Guess it's just easier to migrate to the UK.


Yes, you don't have to reside in the U.S. to sponsor your partner, but you have to be domiciled in the U.S. So if you're filing from the UK with your UK address, you'll also need to proof that you either never abandoned your U.S. domicile or that you intend to re-establish U.S. domicile.


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