Love knows no borders, even if countries do.
If you want to live happily ever after with your transatlantic partner in the U.S., and you’re confused about the U.S. visa options for couples, we’ve got you covered.
If you want to move stateside to be with the person (or more specifically, the American) you love, there are two main options: (1) K-1 fiancé(e) visas for those who are engaged; and (2) green cards through marriage for those who have already tied the knot.
Remember, none of this is a substitute for legal advice from a qualified U.S. immigration lawyer. Rather, this is a high-level overview of the options that may be available.
If you’re engaged to a U.S. citizen
If you’re engaged to a U.S. citizen, you can apply for the K-1 visa, also known as the Fiancé(e) Visa. (You may know this one from the (in)famous TLC show, 90 Day Fiancé.)
The K-1 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.
To obtain one of these you’ll need to be eligible:
- You need to demonstrate your intention 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.
Can I stay after I get married?
As long as you get married within 90 days, as per the terms of your visa, you can then apply for an adjustment of status to become a lawful permanent resident (green card holder) in the U.S. If you don’t get married within 90 days, for whatever reason, your process will look different, as you’ll need to file a Form I-130. An immigration lawyer can help you navigate it either way.
If you’re already married to a U.S. citizen
If you’re already married to an American, then the K-1 visa is not going to apply to you. Your route to the U.S. may instead be a green card obtained through marriage, which will give you the right to live in the U.S. permanently.
To be eligible, your petitioning spouse needs to be a U.S. citizen or a green card holder, and you need to be legally married at the time of petition. Your spouse (the U.S. petitioner) will need to file an immigrant petition on your behalf, and you’ll need to provide evidence of a genuine marital relationship.
Once processed, if you’re living outside of the U.S. then you will be invited for an interview with the U.S. consulate. If you’re inside the U.S. you will generally be able to apply for an adjustment of status to become a lawful permanent resident.
Free U.S. Visa Guide for Transatlantic Couples
If you’re exploring these visa options with your partner, we’ve written an exclusive guide, which you can get for free here!
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