When considering immigration to the U.S. through marriage, many prospective applicants wonder if cohabitation agreements, civil partnerships, or other forms of union are recognized as marriages in the U.S. The answer is important because it can influence your eligibility for a K-1 fiancé(e) visa or marriage-based immigration.

U.S. Recognition of Cohabitation Agreements and Civil Partnerships

In the U.S., only legal marriages are generally recognized for immigration purposes. This means that while cohabitation agreements and civil partnerships may be legally valid in some countries or states, they are not automatically considered “marriages” by U.S. immigration authorities unless they meet specific criteria:

• Marriage: To qualify for a spouse visa, generally you must be legally married under the laws of the country or state where the marriage took place. If entering on K-1 Visa you need to marry your US Citizen Fiancé(e) within 90 days of your arrival in the US by legal marriage, under the law of the state where the marriage takes place.
• Cohabitation Agreements: These agreements, while often used to define rights and responsibilities for unmarried couples, do not qualify as marriages for U.S. immigration purposes.
• Civil Partnerships: Some countries do not recognize specific types of marriage (e.g. same-sex marriage) but offer civil partnership or civil union agreements. If the civil partnership is recognized by the country as equivalent to marriage, then they are considered legal marriages for US Immigration purposes and you may be able proceed with a spouse visa application. If not, you may be eligible for a K-1 Fiancé(e) visa, instead.

Impact on the K-1 Visa Process

The K-1 fiancé(e) visa is for foreign nationals who are engaged to U.S. citizens. It requires that the couple intends to marry within 90 days of entering the U.S. However, a cohabitation agreement or civil partnership is not sufficient to qualify for a K-1 visa. The couple must have a formal, legal marriage once the fiancé(e) enters the U.S. on the visa.

• Key Point: Civil Union or Civil Partnership status does not substitute for a legal marriage after entering on a K-1 Fiancé(e) visa. However, if you already have a Civil Partnership or Civil Union Agreement with your partner you may apply for a K-1 Fiancé(e) visa in order to get married within 90 days of the non-US citizen partner’s arrival to the US.

Impact on Marriage-Based Immigration

When applying for a marriage-based green card, the couple must demonstrate that they are legally married. A cohabitation agreement or civil partnership might be used as evidence of an ongoing relationship, but it will not satisfy the marriage requirement for immigration purposes.

• For Married Couples: You will need to ensure your union is recognized as a legal marriage in the U.S. for immigration purposes.
• Civil Partnerships: If you are in a civil partnership and not married, you cannot apply for marriage-based immigration until you are legally married under U.S. law or in the jurisdiction where you reside.

While cohabitation agreements and civil partnerships may have legal standing in some countries, they are not considered marriages by U.S. immigration authorities. For both K-1 fiancé(e) visas and marriage-based immigration processes, the couple must be legally married. If you have a cohabitation or civil partnership agreement, you may need to legally marry before pursuing immigration benefits based on your relationship.

At Rokas Law Office PLLC, we can help you navigate these complex issues and ensure your immigration application is properly structured. Contact us today for guidance on your specific situation.