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I-130 petition for son on same-sex common law marriage

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  • I-130 petition for son on same-sex common law marriage

    Hello!

    My father is a US citizen who is going to file a I-130 petition for me. I am a Brazilian living in Australia on a work visa and my same-sex partner is here with me on my visa as a "de facto" partner. Same-sex marriages are not performed in Australia and apart from this visa we never officially registered our relationship. Is my partner eligible as a spouse for this petition? If not, will registering our "de facto/common law" relationship with Australian authorities make a difference? Thank you so much in advance!

  • #2
    If your father is petitioning you as a daughter (or son), your marriage to a same-sex partner is probably not supportable, so you should be petitioned as single.

    --Ray B

    Originally posted by sammyboy View Post
    Hello!

    My father is a US citizen who is going to file a I-130 petition for me. I am a Brazilian living in Australia on a work visa and my same-sex partner is here with me on my visa as a "de facto" partner. Same-sex marriages are not performed in Australia and apart from this visa we never officially registered our relationship. Is my partner eligible as a spouse for this petition? If not, will registering our "de facto/common law" relationship with Australian authorities make a difference? Thank you so much in advance!

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