If you are a U.S. citizen or permanent resident who is marrying someone from the United Kingdom, and you would like to sponsor your British husband or wife for a U.S. green card (lawful permanent residence), you will find some important legal and practical guidance below.
(Warning: This is an overview of how the U.S. immigration process works for most people. Your situation may present complications or qualify for exceptions; see an experienced attorney for a full analysis.)
Let’s start with a bit of background on U.S. immigration law. Marriage to a U.S. citizen or lawful permanent resident gives foreign-born people a direct path to a U.S. green card. Contrary to popular rumor, however, the foreign national does not immediately or automatically receive the right to immigrate, nor U.S. citizenship.
If you are a U.S. citizen and are already married or soon will be, your new spouse will become your "immediate relative" in the lingo of U.S. immigration law. He or she may receive a green card as soon as the two of you successfully complete the application process. That process alone can, however, take six months to a year, or longer.
If you have not yet married and your fiancé(e) is still living in the United Kingdom, you can, if you are a U.S. citizen, petition for your fiancé(e) to enter the U.S. on a K-1 visa in order to get married in the United States. After the wedding, your new spouse can apply for a green card ("adjust status," using Form I-485), if desired. You can also choose to get married first in the United Kingdom or in another country, and then apply for an immigrant visa with which to enter the the United States. The visa will turn into a green card when your spouse arrives.
If you are a U.S. lawful permanent resident, your British spouse is considered a "preference relative," in category F2A of the U.S. visa preference system. Your spouse can obtain permanent residence in the U.S. only after a "visa number" (space for another permanent resident) has become available. Because of annual limits on the number of people who can get permanent residence in category F2A, a waiting list has developed, based on one's "priority date." The application process may take several years.
U.S. permanent residents (green card holders) cannot petition for fiancés to receive visas to the United States.
The application process for a marriage-based green card involves multiple steps, most notably submitting forms and documents to and attending an interview with U.S. immigration authorities. The purpose is to prove to the U.S. government that:
You and your British fiancé(e) or spouse may, however, have more than one option as to where and exactly how to apply, as described below.
If you (a U.S. citizen) and your intended (who lives outside the U.S.) have not yet married—or have held an informal ceremony that does not count as an official marriage in the location where it was held—the noncitizen can apply for a K-1 visa, which is a temporary (90-day) visa with which to enter the U.S. in order to hold the wedding.
The U.S. citizen starts this process by filing a visa petition on Form I-129F with U.S. Citizenship and Immigration Services (USCIS). After USCIS approves the I-129F, it will transfer the case to the U.S. consulate in London, where your fiancé(e) will apply for a K-1 visa. This part of the process involves submitting forms and documents and attending an interview with a consular official. You, the petitioner, are allowed to attend this visa interview, though it is not required.
After your marriage in the U.S., your new spouse can apply to USCIS for a green card, through a process called adjustment of status. The two of you will attend a green card interview at a USCIS office in the state where you live.
If you and your loved one are already married, and your spouse is currently in the United Kingdom, you will start the green-card application process by filing Form I-130 with USCIS.
After USCIS approves the I-130, what happens next depends on your, the petitioner's, status. If you are a U.S. citizen, your British spouse can continue on with visa processing. If you are a permanent resident, your spouse must wait until the National Visa Center (NVC) says he or she can apply for an immigrant visa. The State Department publishes a "Visa Bulletin" to let you know when your application date is approaching. (See How Long Is the Wait for Your Priority Date To Become Current?)
The next step is for your spouse to go through consular processing for an immigrant visa. This means your spouse submits paperwork to, and attends an interview at, the U.S. consulate in London. (The U.S. petitioner may attend, but is not required to.)
Upon approval, your spouse may enter the U.S. on an immigrant visa, at which time he or she becomes a lawful permanent resident. (The actual green card arrives some weeks later.)
Although the U.S. has a few consulates in the United Kingdom, only the one in London handles immigrant and fiancé (K-1) visas. You will be given instructions (and eventually, an appointment notice) when your case is transferred to the consulate in London. You can check its website for information on the process for applying for an immigrant visa.
If your spouse happens to be living in a country other than the United Kingdom, the consulate there would likely be the one to handle the case.
If your spouse entered the U.S. legally (such as on a fiancé, student, or tourist visa), and you are a U.S. citizen, he or she can most likely apply to adjust status in the United States. The main form for this is called an I-485. The two of you will attend an interview at one of USCIS’s field offices.
Information about USCIS locations or service centers can be found at its website, www.uscis.gov.
If you're a U.S. lawful permanent resident and your spouse is living in the U.S. and will be eligible to adjust status, he or she should check the USCIS website to see how soon a green card application can be filed. The green card cannot actually be given until a permanent resident "space" opens up in category F2A, which will be several months after you apply.
Be sure your spouse didn’t commit visa fraud by using a nonimmigrant visa specifically to enter the U.S. to apply for a green card. See Risks of Entering the U.S. as a Tourist, Then Applying for Marriage- Based Green Card for details.)
If your spouse entered the U.S. without inspection or by using a fake visa, your situation is more complicated than this article can address. You may have difficulty obtaining a green card for your spouse, though it is not necessarily impossible. See an immigration attorney for details or if you have any questions about whether you qualify to adjust status.
No matter where you marry, you will need to obtain a certificate that convinces the U.S. immigration authorities that it was legally recognized in the state or country where it took place. Below are some tips on doing that.
If you have married, or plan to get married in the United Kingdom, you will first need to look into the local requirements for legal marriage. These vary between England, Scotland, and Northern Ireland. A register’s office can give you the most detailed information; book an appointment with one for this purpose.
According to information provided by the British government, the basic requirements to get legally married include that each person:
Both civil and religious ceremonies are possible, with some limitations on where they occur. Either the local register’s offices or various churches are legally empowered to perform marriages in the United Kingdom. Other “approved premises” with ceremony licenses are allowed. (In England, for example, these might include a hotel or stately home.)
If you wish to marry in the Anglican Church, expect additional requirements regarding your membership or family affiliation there. Contact the church for details.
You need to take proof of your name, date of birth, nationality, and address to the designated register office. You’ll also be asked about the non-U.K. spouse's immigration status.
If you’ve been married or in a civil partnership before, you need to take either a decree absolute or final order, or the death certificate of your former partner.
Obtaining a valid certificate of your marriage is critical for purposes of U.S. immigration. The U.S. government keeps track of what documents are considered legally valid from each country, the U.K. included, and will reject yours if it doesn't come from the proper source. Check the State Department’s Country Reciprocity Schedule to get further details on what documents from the United Kingdom it considers valid.
If you will hold your wedding in the U.S., you need to follow the laws of the state where you marry. You will need to obtain a marriage certificate from a local government office. A church certificate, for example, is not enough.