Partners holding hands at night

Ward Immigration’s
Quick Guide to…

U.S. VISAS FOR COUPLES

U.S. VISA OPTIONS FOR UK CITIZENS MARRYING (OR MARRIED TO) AMERICAN CITIZENS

Love knows no borders. And if you’re moving stateside to be with the person (more specifically, the American) you love, there are two main options: K-1 visas for those who are engaged to be married; and marriage-based green cards (starting with the filing of Form I-130) for those who are already married.

K-1 Fiancé(e) Visa

The K-1 visa, also known as the Fiancé(e) Visa, is a nonimmigrant visa designed for individuals who are engaged to marry a U.S. citizen and wish to enter the United States specifically for the purpose of getting married (within 90 days of arrival – hence the term '90 Day Fiancé'). Check out our K-1 visa page for more information and full eligibility requirements.

1. Eligibility:

  • The petitioner (U.S. citizen) and beneficiary (foreign fiancé(e)) must intend to marry within 90 days of the beneficiary's entry into the U.S.

  • Both parties must be legally free and able to marry.

  • The couple must have met in person within two years of filing the visa application, with very rare exceptions.

  • The petitioner must be a U.S. citizen, not just a green card holder, for the K-1 visa.

2. Petition and Approval:

  • The U.S. citizen petitioner files Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS).

  • Once the petition is approved, it is sent to the National Visa Center (NVC), who will give you a case number and ultimately forward your petition to the U.S. Embassy or Consulate where the beneficiary will apply for the visa.

  • The beneficiary has an interview at the U.S. Embassy or Consulate in their home country, presenting various documents to demonstrate eligibility.

  • If approved, the beneficiary receives the K-1 visa, allowing them to travel to the U.S.

4. Entry and Marriage:

  • Once in the U.S., the beneficiary and petitioner must marry within 90 days.

  • After the marriage, the beneficiary can apply for adjustment of status (Form I-485) to become a lawful permanent resident (green card holder).

Marriage-Based Green Card

The process for obtaining a marriage-based green card generally begins with the Form I-130 (“Petition for Alien Relative”), which is the first step for U.S. citizens who wish to sponsor their foreign spouse (and indeed other immediate relatives) for a green card. This process is for couples who are already married and intend to build their lives together within the United States. Find out more about the process on our webpage. Unlike the K-1 visa, which is a nonimmigrant visa, this represents a direct route to a green card.

1. Eligibility:

  • The petitioner must be a U.S. citizen.

  • The petitioner and beneficiary must be legally married at the time of filing the petition.

2. Petition and Approval:

  • The U.S. citizen petitioner files Form I-130, Petition for Alien Relative, with USCIS, providing evidence of the genuine marital relationship as well as other supporting documents.

  • Once the petition is approved, USCIS notifies the petitioner, and the case is transferred to the National Visa Center (NVC) for further processing.

3. National Visa Center (NVC) Processing:

  • The NVC provides instructions and collects required fees and documents from the petitioner and beneficiary.

  • Once the case is complete, the NVC forwards it to the appropriate U.S. Embassy or Consulate where the beneficiary will undergo further processing.

4. Consular Processing or Adjustment of Status:

  • If the beneficiary is outside the U.S., they attend an interview at the U.S. Embassy or Consulate.

  • If the beneficiary is already in the U.S., they can apply for adjustment of status (Form I-485) to become a lawful permanent resident.

The K-1 visa and marriage-based green card both serve as pathways for couples to join their lives and build futures together in the United States. Choosing the right pathway depends on factors such as the current relationship status, location, and future plans.

We’re here to help

Working with an experienced immigration lawyer is crucial to navigating the application process effectively. We can guide you through the complexities of the K-1 visa and marriage-based green card, ensuring you can be with the person you love in the United States.