Contemplating Living in the US after a Marriage to a US Citizen?
Marriage or engagement to a U.S. citizen or legal permanent resident gives the foreign national spouse the option of moving permanently to the United States. Choice of path to permanent residence is based on where the US citizen petitioner is located and where the foreign citizen spouse is located. It also depends on whether the couple are married yet, just engaged, or dating. In general, the fastest path is through direct consular filing with the Department of State in London, but qualification for this path is mainly for those with a US citizen/petitioner spouse who is resident in the United Kingdom. It also requires proof of exceptional circumstances - which can include a short-notice relocation for work or military re-assignment by the US citizen. If you need advice or assistance with a visa based on marriage to a US citizen, get in touch.
March 31, 2020, the office of the US Citizenship and Immigration Service sitting in the London US Embassy closed. This severely restricted the ability to do a direct consular filing of an I-130 and an immigrant visa application, a four month process. Please contact a US immigration focused attorney in London, if you are considering a move back to the US from the United Kingdom to find the best path for you. Online filing of the petition for alien relative, Form I-130, as a first step is possible, but results in a long wait for a green card based on marriage.
Possible Paths to US Permanent Residence for a Foreign National Spouse
A personal life change like marriage effects foreign nationals who live and work in the US on temporary visas. Marriage to a US citizen can create a need for (or opportunity to) obtain permanent residence in the US.
Type of visa path |
Best for those living |
Government fees* |
Can travel in & out of US easily? |
Marry first? |
|
Fiancé Visa (K-1 visa) and Adjustment of Status |
Beneficiary Abroad & Petitioner (US Citizen) in US |
Government fees: $2380
|
No, can enter US on a K-1 visa only one time. Can leave and enter possibly on a non-immigrant visa, if it allows intent to stay permanently in the US (e.g., L, H, TN, not B!) Once the I-485 is filed, must wait nearly 12 months for travel permission. |
No |
|
Marry, file I-130, then come to the US “Sooner” on a K-3 visa and Adjust Status (But usually the K-3 petition is annulled when it prompts I-130 adjudication, and results in a marriage based Immigrant Visa!) |
Beneficiary Abroad & Petitioner (US Citizen) in US |
Government fees: $2390
|
Yes, even after the I-485 is filed. |
Yes |
|
Adjustment of status (concurrent filing of I-130 & I-485 with the USCIS). No embassy interview. |
Both Beneficiary & Petitioner (US Citizen) in US |
Government fees: $2115
|
No, it commonly takes 3 months after any entry to the US on a non-immigrant intent visa to make a decision to stay permanently. Need to wait about 12 months in the US for travel permission after filing I-485. |
Yes |
|
Direct Consular Filing: Immigrant Visa from US Embassy (Submit I-130 Alien Relative Petition at US embassy) Two interviews at US embassy, one with the petitioner and later one with the visa applicant. |
Beneficiary, mostly abroad, & Petitioner (US citizen) resident abroad but headed to US soon. Exceptional circumstances only, e.g. in London this form must be completed. |
Least expensive government fees: $1235
|
Yes, on a temporary visa (e.g., B1/B2) or ESTA travel authorization, and immediately after entry on the immigrant visa. |
Yes |
| Immigrant Visa via National Visa Center and Visa Applicant Interview at US Embassy (File I-130 Alien Relative Petition online). | Beneficiary, mostly abroad, & Petitioner (US citizen) resident abroad but headed to US soon. |
Medium government fees: $1305
|
Yes, on a temporary visa (e.g., B1/B2) or ESTA travel authorization, and immediately after entry on the immigrant visa. | Yes |
* Government filing fees as of April 1, 2024. Fees changed April 1, 2024 by USCIS regulations.
This chart is for general use in discussions with an immigration attorney on common paths to US permanent residence for a foreign national who is considering marrying or who has married a US citizen. It takes into consideration only some of the factors that lead to a decision on how to or whether to obtain a US “green card”. It should not be taken as legal advice of any kind for a particular purpose or individual.
Contact Melissa Chavin – US Immigration Lawyer in London
To discuss you specific circumstances and requirements, contact Melissa Chavin.