# Questions on dependent spouse in category G visa request



## PTVeiga (Nov 1, 2012)

Hi everyone,

Some new developments have happened since my last post in this forum. I was picked to work for an international organization in New York and I expect to move there by the end of the year. As far as I am aware I am eligible to a G-4 visa but things get a little tricky when it comes to my partner. I have been living in the past five years in a heterosexual "união de facto", which is an existant juridic framework under portuguese law that grants couples that are not legally married most of the same rights as a married couple. 
Earlier this year, I contacted the United States of America embassy, wanting to know if such juridic framework could be recognized by american law and, while it was an informal phone conversation, the employee at the embassy underline that such situations tend to be analyse on a case-by-case basis and, more often than not, they end up in a dependent spouse visa refusal.
I have since talked to my partner and we decided to get married. We are trying to set up a schedule for all that needs to be done (since we will only have 3 months between confirmation on the specific date to start working and, well, starting to work). That gives us a short time frame to set everything up and, since I am unaware on how long the visa request process takes, I contacted the USA embassy in Lisbon with a specific question: would it be possible to start the G-4 visa request process for both me and my future wife while we are still unmarried, under the circumstances that we provide a marriage permit and that the marriage itself takes place before we travel to the United States.
I didn't get a straight answer. All they could tell me is that, if we bring all the proper documentation to the visa interview (as in our passport, photographs, the forms they require, etc), both visas should be granted. 
I just want to make sure I have all the information I need, since a visa refusal, even if temporary, could force us to change all are plans.

I am aware that this could be solved by getting married already and not leaving it to the final days, but we want to have a marriage/farewell party in order to cut costs (were we to be financially stable as we are and we would probably wouldn't be needing to go and work in another country, right?)

Has anyone gone through a similar situation or predicament that could shed some light on the subject?

Best regards,

Pedro Machado


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## Davis1 (Feb 20, 2009)

Immediate family members are defined as the spouse and unmarried sons and daughters of any age who are members of the household, even if studying in a different location. Application procedures are the same as for the principal applicant. Immediate family members may also include someone who will reside regularly in the household of the principal applicant, is not a member of some other household, and is recognized as an immediate family member of the principal alien by the sending Government or International Organization, as demonstrated by eligibility for rights and benefits such as the issuance of a diplomatic or official passport or other similar documentation, or travel or other allowances. Those who may qualify for immediate family status on this basis include: any other relative, by blood, marriage, or adoption, of the principal alien or spouse; a domestic partner; and a relative by blood, marriage, or adoption of the domestic partner. The term "domestic partner" for the purpose of this section means a same-sex domestic partner. Domestic partners may be issued diplomatic visas if the sending state would provide reciprocal treatment to domestic partners of U.S. Mission members. Individuals who do not qualify as immediate family, as described above, may otherwise potentially qualify for a B-2 visa. B visa applicants are required to pay visa application and reciprocal issuance fees, if applicable.

Same-Sex Partners, Cohabitating Partners, B-2 Visa: USCIS Memo | Immigration Lawyer | Kirberger PC


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## twostep (Apr 3, 2008)

G4 dependents can apply for work permit, can they not?

Pedro - why do you not get married and have the party later if you have to throw wedding/going away together?


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## PTVeiga (Nov 1, 2012)

Hey,

First of all, thank for both replies. Starting from the end, that would be the easiest route, twostep, we can both agree on that. However, I want to bring some romance to table with my fiancée. It's weird enough that, somehow, we are "forced" to get married due to the circumstances (we consider ourselves married for years) and, if we have to make it official, I want to make her feel like a princess for one day. I think that separating the two events (the marriage in a formal sense and later the party) kind of chips away on that romantic dimension. So that's why we want to do it all in one day, a small wedding with family, small dinner and then a big party with friends.
On the work permit part, as far as I know, a G-4 dependent spouse can apply for it after we move there. I understand, however, that there are some limitations (one can only work in an area where she proves to be an asset, either by previous work experience and/or academic formation; eventually as self-employed).
Davis1, I had already come across the text you pasted. It may be me, but I still feel it raises some doubts. I feel the term "domestic partner" doesn't apply to us since we are talking about a heterosexual relationship (even though Portugal recognizes both types of domestic partnerships and marriages). One could consider she would fall under the category of "someone who will reside regularly in the household of the principal applicant, is not a member of some other household". But when you read further down, I feel that she doesn't fall under "any other relative, by blood, marriage, or adoption, [no blood, marriage or adoption link] of the principal alien or spouse; a domestic partner [explanation on this part is above]; and a relative by blood , marriage, or adoption of the domestic partner".

I just feel that my specific case isn't part of this framework and I am fearful that it all comes down to the interpretation (or whim) of whatever embassy employer is on call that day...

Best regards,

Pedro


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## PTVeiga (Nov 1, 2012)

Davis1, 

In the meantime, I read the article you sent (I hadn't done it previously). Thanks for the clarification but I still feel that there would be no need for a different category of visa since we are planning to get married. I was just wondering on the possibility of starting the process for two category G visas while still unmarried (but intending to get married before travelling to the USA).
I know that this is a very specific situation and that it is possible that there just isn't a clear framework for this situation. I'll just keep putting pressure on the embassy 

Thanks for your input.

Best regards,

Pedro


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## Davis1 (Feb 20, 2009)

Don't rely on the consulate for info .. they are not required to even tell the truth 
according to the Supremes

get your own Aila Lawyer


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