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I-130 based on Civil Union

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I-130 based on Civil Union

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Old Jun 29th 2007, 8:36 am
  #1  
gplmeirelles
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Default I-130 based on Civil Union

I'm Brazilian and have lived in Brazil all my life. I`ve had a Civil
Union with an American citizen for over a year, and he`s been a
permanent resident in Brazil for 6 months.

Now, we`re planning to move to the US. The problem is, we are not
married, we have a civil union (which in Brazil is called Uni�o
Est�vel). In Brazil, a civil union gives you the same rights as a
civil marriage, but my question is: can we apply for a I-130 visa
(petition for spouse) using the civil union certificate?

I haven`t been able to find this information anywhere online. I would
think that if Civil Unions were not accepted, it would clearly be
stated everywhere. I hope that`s the case. Has anyone got any
information on this?
 
Old Jun 29th 2007, 10:47 am
  #2  
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Default Re: I-130 based on Civil Union

Originally Posted by gplmeirelles
The problem is, we are not married, we have a civil union...
This bit, right here, is where you'll run into problems. By your own words, you are not married. What Brazil allows is irrelevant to US law.

Ian
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Old Jun 29th 2007, 12:09 pm
  #3  
Tai Fu
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Default Re: I-130 based on Civil Union

Do you mean same sex marriage? USA is too holy to allow for same sex
marriage and they don't reconize that. If one of you have acceptable skill
(college level or something) then one of you try to move to Canada via
skilled worker and put you or the other as spouse, since Canada reconizes
same sex marriage or civil unions.

Or else you'd have to go through getting those H1B's and that means finding
an employer willing to sponsor.
--
TAI FU
<[email protected]> wrote in message
news:[email protected] oups.com...
I'm Brazilian and have lived in Brazil all my life. I`ve had a Civil
Union with an American citizen for over a year, and he`s been a
permanent resident in Brazil for 6 months.

Now, we`re planning to move to the US. The problem is, we are not
married, we have a civil union (which in Brazil is called União
Estável). In Brazil, a civil union gives you the same rights as a
civil marriage, but my question is: can we apply for a I-130 visa
(petition for spouse) using the civil union certificate?

I haven`t been able to find this information anywhere online. I would
think that if Civil Unions were not accepted, it would clearly be
stated everywhere. I hope that`s the case. Has anyone got any
information on this?
 
Old Jun 29th 2007, 12:48 pm
  #4  
J. J. Farrell
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Default Re: I-130 based on Civil Union

On Jun 29, 1:36 pm, [email protected] wrote:
> I'm Brazilian and have lived in Brazil all my life. I`ve had a Civil
> Union with an American citizen for over a year, and he`s been a
> permanent resident in Brazil for 6 months.
>
> Now, we`re planning to move to the US. The problem is, we are not
> married, we have a civil union (which in Brazil is called Uni�o
> Est�vel). In Brazil, a civil union gives you the same rights as a
> civil marriage, but my question is: can we apply for a I-130 visa
> (petition for spouse) using the civil union certificate?
>
> I haven`t been able to find this information anywhere online. I would
> think that if Civil Unions were not accepted, it would clearly be
> stated everywhere. I hope that`s the case. Has anyone got any
> information on this?

Why would you expect a negative to be clearly stated everywhere?
There's a near infinite list of people for whom an I-130 cannot be
filed, it would be ridiculous to list them all. The form is very clear
about the relationships which allow an I-130 to be filed, and Civil
Union is not on the list.
 
Old Jun 29th 2007, 1:17 pm
  #5  
 
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Default Re: I-130 based on Civil Union

Originally Posted by gplmeirelles
I haven`t been able to find this information anywhere online. I would think that if Civil Unions were not accepted, it would clearly be stated everywhere. I hope that`s the case. Has anyone got any information on this?
You haven't been able to find the info? Have you looked at uscis.gov?
The definition of 'spouse' is very clearly laid out and there is no other category you would fall under. All of the permissible relationships are spelled out specifically.
Sorry, but you'll have to do the legal deed if you want to be petitioned by your USC.
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Old Jun 30th 2007, 4:30 am
  #6  
Alun L. Palmer
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Default Re: I-130 based on Civil Union

meauxna <[email protected]> wrote in news:34$462365$4988166
[email protected]:

>
>> I'm Brazilian and have lived in Brazil all my life. I`ve had a Civil
>> Union with an American citizen for over a year, and he`s been a
>> permanent resident in Brazil for 6 months.
>>
>> Now, we`re planning to move to the US. The problem is, we are not
>> married, we have a civil union (which in Brazil is called Uni�?£o
>> Est�?¡vel). In Brazil, a civil union gives you the same rights as a
>> civil marriage, but my question is: can we apply for a I-130 visa
>> (petition for spouse) using the civil union certificate?
>>
>> I haven`t been able to find this information anywhere online. I would
>> think that if Civil Unions were not accepted, it would clearly be
>> stated everywhere. I hope that`s the case. Has anyone got any
>> information on this?
>
> You haven't been able to find the info? Have you looked at uscis.gov?
> The definition of 'spouse' is very clearly laid out and there is no
> other category you would fall under. All of the permissible
> relationships are spelled out specifically.
> Sorry, but you'll have to do the legal deed if you want to be petitioned
> by your USC.
>

The federal government doesn't recognise same-sex marriage. What it's
called is not the issue. I wish that wasn't the case for your sake, but it
is. The US is not as enlightened a country as they wish people to beleive.
 
Old Jun 30th 2007, 5:11 am
  #7  
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Default Re: I-130 based on Civil Union

Originally Posted by Alun L. Palmer
meauxna <[email protected]> wrote in news:34$462365$4988166
[email protected]:

>
>> I'm Brazilian and have lived in Brazil all my life. I`ve had a Civil
>> Union with an American citizen for over a year, and he`s been a
>> permanent resident in Brazil for 6 months.
>>
>> Now, we`re planning to move to the US. The problem is, we are not
>> married, we have a civil union (which in Brazil is called Uni�?£o
>> Est�?¡vel). In Brazil, a civil union gives you the same rights as a
>> civil marriage, but my question is: can we apply for a I-130 visa
>> (petition for spouse) using the civil union certificate?
>>
>> I haven`t been able to find this information anywhere online. I would
>> think that if Civil Unions were not accepted, it would clearly be
>> stated everywhere. I hope that`s the case. Has anyone got any
>> information on this?
>
> You haven't been able to find the info? Have you looked at uscis.gov?
> The definition of 'spouse' is very clearly laid out and there is no
> other category you would fall under. All of the permissible
> relationships are spelled out specifically.
> Sorry, but you'll have to do the legal deed if you want to be petitioned
> by your USC.
>

The federal government doesn't recognise same-sex marriage. What it's
called is not the issue. I wish that wasn't the case for your sake, but it
is. The US is not as enlightened a country as they wish people to beleive.
She said in another thread elsewhere that this isn't a same-sex marriage.

Rene
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Old Jun 30th 2007, 12:34 pm
  #8  
Tai Fu
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Default Re: I-130 based on Civil Union

So why not just get married instead or have a K1? I thought it meant same
sex marriage (the OP made no indication of sex)

--
TAI FU
"Noorah101" <[email protected]> wrote in message
news:[email protected] m...
>
>> meauxna <[email protected]> wrote in
>> news:34$462365$4988166
>> [email protected]:
>>
>> >
>> >> I'm Brazilian and have lived in Brazil all my life. I`ve had a
>> >> Civil
>> >> Union with an American citizen for over a year, and he`s been a
>> >> permanent resident in Brazil for 6 months.
>> >>
>> >> Now, we`re planning to move to the US. The problem is, we are not
>> >> married, we have a civil union (which in Brazil is called
>> >> Uni�?f?�?,�?£o
>> >> Est�?f?�?,�?¡vel). In Brazil, a civil union gives you the same rights
>> >> as a
>> >> civil marriage, but my question is: can we apply for a I-130 visa
>> >> (petition for spouse) using the civil union certificate?
>> >>
>> >> I haven`t been able to find this information anywhere online. I
>> >> would
>> >> think that if Civil Unions were not accepted, it would clearly be
>> >> stated everywhere. I hope that`s the case. Has anyone got any
>> >> information on this?
>> >
>> > You haven't been able to find the info? Have you looked at
>> > uscis.gov?
>> > The definition of 'spouse' is very clearly laid out and there is no
>> > other category you would fall under. All of the permissible
>> > relationships are spelled out specifically.
>> > Sorry, but you'll have to do the legal deed if you want to be
>> > petitioned
>> > by your USC.
>> >
>>
>> The federal government doesn't recognise same-sex marriage. What
>> it's
>> called is not the issue. I wish that wasn't the case for your
>> sake, but it
>> is. The US is not as enlightened a country as they wish people to
>> beleive.
>
> She said in another thread elsewhere that this isn't a same-sex
> marriage.
>
> Rene
>
> --
 
Old Jul 1st 2007, 8:50 am
  #9  
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Default Re: I-130 based on Civil Union

Originally Posted by Tai Fu
So why not just get married instead or have a K1? I thought it meant same
sex marriage (the OP made no indication of sex)

--

Also made no mention of it being a homosexual relationship.

Why do the K-1? If they marry legally and the USC spouse has legal residency in Brazil they can look to see if they can do direct consular filing (believe the new regulations say you can if the USC has resided in that country for six months or more). A lot faster and easier than the K visa.
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Old Jul 1st 2007, 9:13 am
  #10  
Alun L. Palmer
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Default Re: I-130 based on Civil Union

"tai fu" <[email protected]> wrote in
news:[email protected]:

> So why not just get married instead or have a K1? I thought it meant
> same sex marriage (the OP made no indication of sex)
>

Exactly, there was no such info in this thread, but if this is correct then
what is stopping them from getting married?

Elektros
 
Old Jul 1st 2007, 7:00 pm
  #11  
J. J. Farrell
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Default Re: I-130 based on Civil Union

On Jul 1, 2:13 pm, "Alun L. Palmer" <[email protected]> wrote:
> "tai fu" <[email protected]> wrote innews:[email protected]:
>
> > So why not just get married instead or have a K1? I thought it meant
> > same sex marriage (the OP made no indication of sex)
>
> Exactly, there was no such info in this thread, but if this is correct then
> what is stopping them from getting married?

I'm puzzled, There was no mention at all of the couple's sexes - why
would you assume that they were the same?
 
Old Jul 7th 2007, 7:33 am
  #12  
Alun L. Palmer
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Default Re: I-130 based on Civil Union

"J. J. Farrell" <[email protected]> wrote in
news:[email protected] oups.com:

> On Jul 1, 2:13 pm, "Alun L. Palmer" <[email protected]> wrote:
>> "tai fu" <[email protected]> wrote
>> innews:[email protected]:
>>
>> > So why not just get married instead or have a K1? I thought it meant
>> > same sex marriage (the OP made no indication of sex)
>>
>> Exactly, there was no such info in this thread, but if this is correct
>> then what is stopping them from getting married?
>
> I'm puzzled, There was no mention at all of the couple's sexes - why
> would you assume that they were the same?
>
>

Because I've never heard of a civil union between opposite sexes?
 

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