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Topic: Previous (same sex) relationship.  (Read 6823 times)

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Re: Previous (same sex) relationship.
« Reply #15 on: December 01, 2004, 04:13:05 PM »
I think Garry meant he was surprised that anyone was debating whether you should mention the partnership.

Just my two cents (again), but I'd say you have to mention it because it's a legally recognised union.  State, city, county, whatever...it's still legal.

And based on the definition you found, I'd say you were in a relationship akin to marriage, but you're currently separated.  I'd check the separated option and explain the whole deal there.


Re: Previous (same sex) relationship.
« Reply #16 on: December 01, 2004, 04:30:01 PM »
And based on the definition you found, I'd say you were in a relationship akin to marriage, but you're currently separated.  I'd check the separated option and explain the whole deal there.

Agreed.   ;D

One interesting question for lolabola, or others:  would the sponsor mention awareness about it in his intent letter?   



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Re: Previous (same sex) relationship.
« Reply #17 on: December 01, 2004, 04:40:00 PM »


Agreed.   ;D

One interesting question for lolabola, or others:  would the sponsor mention awareness about it in his intent letter?   



Now that's an interesting question!  I dunno.  I guess my answer would be yes.  But I wouldn't mention it only because it was a same-sex partnership.  I'd mention it because it was a previous, legal union.  So I would address it along the lines of, "I am aware that Sweetpeach was in a legally recognised partnership from June 2001 to June 2004.  I am also aware that the partnership is not currently dissolved, as it can only be dissolved upon the marriage of Sweetpeach and myself."

So handle it like any other previous (legally-recognised) relationship--say you know about it and that it was/will be dissolved on such and such a date.

How'd I do, teach?   ;)


Re: Previous (same sex) relationship.
« Reply #18 on: December 01, 2004, 04:53:39 PM »
"I am aware that Sweetpeach was in a legally recognised partnership from June 2001 to June 2004.  I am also aware that the partnership is not currently dissolved, as it can only be dissolved upon the marriage of Sweetpeach and myself...."


"...which will take place on ____..."

Yes.  If they think the sponsor doesn't know about an extant commitment, they may wish to ask him about it, creating delays.  Or they may not notice. 


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Re: Previous (same sex) relationship.
« Reply #19 on: December 01, 2004, 04:56:07 PM »

 

"...which will take place on ____..."

Yes.  If they think the sponsor doesn't know about an extant commitment, they may wish to ask him about it, creating delays.  Or they may not notice. 

Word.  I see what you're saying.    ;D


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Re: Previous (same sex) relationship.
« Reply #20 on: December 01, 2004, 04:59:23 PM »
I didn't know that you had to mention knowledge of previous relationships in the letter of intent. My fiance is divorced.  Good thing this subject came up.

So, after I enter "separated" when the VAF2 asks, "when you were married", do I put the date my domestic partnership began. And when it asks, "How long were you married?", do  I put the time between that date and the time I moved out?

And what is meant by "explain the whole deal there" ? There is no space to explain anything. Just small spaces to enter the name and birthdate of the spouse, the date the marriage began, and the length of the marriage. There's no box for explanations.

Well, we've already got a letter from the registry confirming the booking for the wedding. So how about:

From me:

I entered into a New York City domestic partnership with Ms. Plum on 12 April 1991. Although the domestic partnership has not been legally dissolved,  we have been living apart since 15 June, 2005.  The domestic partnership will automatically dissolve upon my marriage to Mr. Apricot on 11 June 2005.

I am aware that Mr. Apricot was married to Ms. Pineapple on 15 December 1996, and that the marriage ended in divorce on 5 January 2000.

From him: I was married to Ms. Pineapple on 15 December 1996. That marriage ended in divorce on 5 January 2000.

I am aware that Ms. Peach entered into a domestic partnership with Ms. Plum on 12 April 1991, and that they have been living apart since 15 June 2005, although the domestic partnership has not been legally terminated.  I am aware that the domestic partnership between Ms. Peach and Ms. Plum will automatically terminate upon my marriage to Ms. Plum on 11 June 2005.

Attach:
Letter from registry confirming wedding date. (which I was going to attach anyway)
Fiance's divorce papers.
Web page from City Clerk's office which states that domestic partnership automatically terminates when one of the parties marries.
Lease which shows that I moved to a new apartment on 15 June 2005. (Not sure if the last is necessary. After all, just because the lease only has my name on it, really anyone could be living with me.)

edit: To be clear, the above statments are only parts of the letters intent. I already know that we have to give additional information about our relationship and our intent to marry and live in the UK.
« Last Edit: December 01, 2004, 05:36:28 PM by sweetpeach »


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Re: Previous (same sex) relationship.
« Reply #21 on: December 01, 2004, 06:10:55 PM »

edit: Oh, the reason it is a topic of discussion, I believe, is that, unlike a marriage which is binding worldwide,  the domestic partnership is not legally recognized outside of New York State; and the requirement for an unmarried partnership visa in the UK is that the couple have been living together, as a couple, for the past two years, which we have not. So I did not know if the British consulate would consider that a relationship had even existed.


I don' t think time matters...would they count Britney Spears 54-hour marriage?  Yes.  What is important is that you considered your relationship to be "akin to marriage", otherwise you wouldn't have registered your partnership.  My partner and I are not in any legally binding relationship, but we are a "married couple" in every sense of the word (including obligations we have) and we would wed were it allowed.  My prior relationship of 2 years was a close monogamous one, but I never considered it to be "akin to marriage"...there are many differences between my current relationship and that one which would indicate so.

Bottom line: The UK recognizes same-sex relationships on-par with legally married spousal relationships.  I'm sure they understand that the area of gay civil rights in regards to legal recognition of relationships is a hodge-podge, and that different rules or unusual situations may apply.  They can't penalize you for that...as long as you're honest and meet your other obligations (2 year limit, etc).


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Re: Previous (same sex) relationship.
« Reply #22 on: December 01, 2004, 06:15:57 PM »


What is important is that you considered your relationship to be "akin to marriage", otherwise you wouldn't have registered your partnership. 

The key word here is "considered"--past tense. The application asks if I am currently in a relationship akin to marriage. I considered myself to be in such a relationship then. I don't consider myself to be in such a relationship now.  If I can't say I'm single, then I would say separated. I do not want anyone to think I am currently in a relationship with anyone other than my fiance.

P.S. Just spoke to my ex. She has agreed to dissolve the partnership before I apply. So I will have the termination paper with me (if things work out.)

We just received a very unexpected joint bill for $700 (credit card company mixup), and I volunteered to pay the whole thing before I asked her to dissolve the domestic partnership earlier.

So the letters of intent will have to be reworded to mention this.
If I have the termination papers, can I say that I am single? (Divorced just doesn't seem right.)
« Last Edit: December 01, 2004, 06:36:45 PM by sweetpeach »


Re: Previous (same sex) relationship.
« Reply #23 on: December 01, 2004, 06:44:46 PM »
Original:  The domestic partnership will automatically dissolve upon my marriage to Mr. Apricot on 11 June 2005.

Suggestion:  In accordance with the provisions of NYC law (Section XXX, Paragraph XXX), any such domestic partnership isirrevocably and permanently dissolved upon the marriage of either party.  

That's a suggestion only.

As an aside:  My DDGW - who can out nickpit even *God* when it comes to UK immigration law - informs me that because it's recognised where you were resident, and because the UK and US subscribe to the "Doctrine of Comity" with each other, there can be disasterous consequences if she continues to receive benefits under the partnership after you are married.  Because it was not dissolved where it was made and continues to exist on the grounds that one party benefits from it.  DDGW suggests you google on "talaq divorce uk immigration", because it would set the authority if your partner opted to get ugly about if it was dissolved under *English* law.

But that's coming from a nitpick, and has nothing to do with fiance apps, so with a grain of salt and all that...

Best advice from this end:  end it beforehand.


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Re: Previous (same sex) relationship.
« Reply #24 on: December 01, 2004, 07:26:53 PM »
Thanks for the nitpick.  It looks like it will be dissolved before I apply for the visa (hopefully).

She promised me we'd do it on a specific date. If she backs out, one person can dissolve the domestic partnership themselves; they just have to notify the other person by mail (certified or registered, I have to check which).

She could not possibly receive benefits anyway because the benefits come through my job, and I will have left my job to move to England. So neither of us will have benefits.


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Re: Previous (same sex) relationship.
« Reply #25 on: December 01, 2004, 07:47:59 PM »
Best of luck!  Keep us updated!   :D


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Re: Previous (same sex) relationship.
« Reply #26 on: December 01, 2004, 07:52:24 PM »
Thanks. This is really the only thing that is worrying me. I'm fine with the finances, accomodations, etc. (I hope.)


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Re: Previous (same sex) relationship.
« Reply #27 on: December 01, 2004, 10:38:07 PM »
Er, my fiance has pointed out that having to write letters saying that we are aware of each other's previous relationships sounds a bit "dodgey." He says that there is no reason I should have to tell him about my ex if I don't want to. I agree that what someone tells their spouse or partner about previous relationships is a personal, not a legal issue. Personal information exchanged between spouses or partners is confidential, not the business of the consulate. My fiance and I do talk about our pasts because we have that kind of relationship, but he isn't legally required to do so.  If I were to find out, after we were married, that he'd had a prior marriage that he'd never told me about, I would be upset, but he wouldn't be breaking any laws.

As long as there are no current impediments to the upcoming marriage, I really don't see how who said what to whom is the consulate's business.

P.S. Just want to reiterate that I am applying in person. I work 3 blocks away from the consulate. If there is a problem with the application, I can go back any time I want. Other than sending in the VAF2 form by email, all my dealings with the consulate will be in person.
« Last Edit: December 01, 2004, 11:00:16 PM by sweetpeach »


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Re: Previous (same sex) relationship.
« Reply #28 on: December 01, 2004, 11:00:11 PM »
I personally agree.  And you may have a point about his not taking part in writing a letter, but I hope that doesn't mean you aren't going to report your prior registered relationship.  I am an extremely private person, and I wasn't comfortable with opening open everything (including personal finances) in the process, but sometimes you need to do these things to "play by the rules of the game"...


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Re: Previous (same sex) relationship.
« Reply #29 on: December 01, 2004, 11:02:48 PM »
I'm going to provide the paperwork showing that my relationship with my ex has terminated or will terminate. I just don't think it is necessary for us to state that we are aware of each other's prior relationships. I don't understand why it was suggested in the first place, and would like an explanation. Also, will the fact that he will not be at the interview make a difference?

I think this would work:

Enter my status as single, then on the letter of intent say:

"I have claimed that I am single because I am neither married, separated, divorced, widowed or in a relationship akin to marriage. However, I was previously in a domestic partnership registered with the City Clerk of New York. That relationship has been terminated. There are no legal impediments to my marriage to ___________." (My termination document would be included as back-up.)

Yes?

« Last Edit: December 02, 2004, 02:37:29 AM by sweetpeach »


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