UK to USA Transatlantic Love: The Ultimate Guide to Getting a Marriage Green Card as a British Spouse

 
 

Are you a British citizen engaged or married to an American? Wondering how your UK-based partner can move to the USA permanently? You’re not alone, and the good news is, the pathway is well-established and we’ve helped countless couples just like you navigate it successfully. As someone who was born and raised in England, reuniting transatlantic couples and giving them the ability to live in the USA is one of my passions. At Khunkhun Law, family marraige immigration is our core specialty. Our firm has a stellar track record handling marriage-based green card applications for UK spouses, whether the British partner is still living in the United Kingdom or already legally in the United States. This article walks you through everything you need to know, from the legal requirements and application pathways to recent trends and what you can expect under the current administration.

Why So Many British Citizens Are Making the Move to the USA

Whether love blossomed during a study abroad stint, a work assignment, or through years of long-distance commitment, many British citizens find themselves wanting to start a life with their American partner in the United States. While headlines about U.S. immigration policy may cause concern, marriage-based green cards remain one of the most stable and successful routes to U.S. residency, even under stricter scrutiny. The reality is: USCIS continues to adjudicate marriage petitions fairly, and strong, well-prepared applications are overwhelmingly approved.

Our Firm’s Success with UK-to-USA Green Cards

Khunkhun Law has worked with dozens of couples involving UK-based partners and U.S. citizens, and our success rate speaks for itself. Without boasting, we’d like to share that 100% of our marriage-based green card cases involving British nationals have been approved. This includes both:

  • Fiance Visa (K-1 Visa),

  • Consular Processing for UK spouses living in Britain, and

  • Adjustment of Status (AOS) for British spouses already in the U.S. on visas like ESTA, B1/B2, F-1, or H-1B.

With our guidance, couples avoid common pitfalls, steer clear of unnecessary delays, and feel fully supported from start to finish.

Three Main Immigration Pathways for UK Spouses of U.S. Citizens

The route you take depends on where your British spouse is currently residing:

1. Fiance Visa (K-1 ) for UK Residents

The K-1 fiancé visa allows a U.S. citizen to bring their foreign fiancé(e), including those from the United Kingdom, to the United States for the purpose of marriage. This visa is specifically designed for couples who intend to marry within 90 days of the fiancé(e)'s arrival in the U.S. After marriage, the foreign spouse may apply for adjustment of status to become a lawful permanent resident (green card holder).

To qualify for a K-1 fiancé visa as a UK resident, the following eligibility criteria must be met:

  • Petitioner: The U.S. citizen petitioner must be legally recognized as a U.S. citizen.

  • Relationship: The petitioner and the UK fiancé(e) must have a genuine intention to marry within 90 days of the fiancé(e)’s entry into the U.S.

  • Meeting Requirement: The couple must have physically met in person at least once within the two years prior to filing the petition, unless meeting in person would violate strict cultural practices or cause extreme hardship.

  • Legal Capacity to Marry: Both parties must be legally free to marry, meaning any prior marriages must be legally terminated by divorce, annulment, or death.

  • Intent to Marry: Both the petitioner and the fiancé(e) must demonstrate a bona fide intention to marry.

  • Fiancé(e)’s Eligibility: The foreign fiancé(e) must be admissible to the United States, meaning no significant legal or medical issues that would prevent entry.

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

Meeting these eligibility criteria is essential for the K-1 visa application process. UK residents applying for this visa should also be prepared for a consular interview and may need to provide supporting documents such as proof of the relationship, affidavits of intent to marry, and police clearances.

2. Consular Processing (UK Spouse Living in the UK)

This is the most common route for couples where the British spouse is still based in the United Kingdom. The U.S. citizen first files a Form I-130, Petition for Alien Relative, and after USCIS approval, the case is transferred to the U.S. Embassy in London for the immigrant visa interview. Once granted, your UK spouse can enter the United States as a lawful permanent resident (green card holder).

Key Points:

  • Typically takes 12–18 months give or take a few months, from start to finish depending on which process you opt for

  • The interview takes place at the U.S. Embassy in London

  • Spouse enters the U.S. with an immigrant visa and receives a green card shortly thereafter

3. Adjustment of Status (UK Spouse in the U.S. Legally)

If your British partner is already in the U.S.—perhaps visiting on ESTA, a B-1/B-2 visa, or studying on an F-1 or on an employment visa—you may be eligible to adjust their status from within the U.S. after you get married.

This process requires filing Form I-130 and Form I-485 together, allowing your spouse to remain in the country while their application is processed.

I had the extraordinary good fortune to be represented by Sharon Khunkhun on my marriage-based Adjustment of Status case. From the start, Sharon brought outstanding legal expertise, ethical clarity, and compassion to every step of the process...Sharon and her team achieved an outstanding result – my Adjustment of Status was expedited and approved within weeks.
— Leila Segal, May 2025

Key Points:

  • Takes approximately 3-12 months

  • Includes work and travel authorization while pending if you opt for those provisional items

  • Requires the British spouse to have entered the U.S. legally on a visa or ESTA

Legal Requirements: What You Must Prove

No matter which path you take, certain requirements must be met to qualify for a green card through marriage:

  • A bona fide (real) marriage: You must demonstrate that your relationship is genuine and not for immigration purposes.

  • Legal entry (for Adjustment of Status cases): Your UK spouse must have entered the U.S. with a valid visa or under the Visa Waiver Program.

  • Financial sponsorship: The U.S. citizen must meet certain income thresholds or provide a co-sponsor.

  • No serious immigration or criminal violations: Overstays, prior removals, or misrepresentations may require waivers or bar eligibility.

We help clients document their love stories in compelling, credible ways—and handle every form, affidavit, and legal nuance to ensure full compliance with U.S. immigration law.

What About Current Immigration Trends? Should We Be Worried?

We understand that many clients are nervous due to recent political rhetoric. But here’s the truth: Marriage-based green cards are still being processed efficiently. UK nationals rarely face country-specific delays or denials, and USCIS and consular officers generally view British applicants favorably when the application is well-prepared. In 2024, USCIS reported a marriage-based green card approval rate exceeding 92% nationwide, and our firm has consistently exceeded that rate for our UK clients. 

Real Couples, Real Results

We’ve worked with British spouses from all walks of life: university lecturers, engineers, artists, and stay-at-home parents. Some were engaged long-distance for years, while others met and married during a U.S. work placement or holiday.

  • “After getting engaged in London, we wanted to start our life together in California. Khunkhun Law helped us with everything, down to the embassy interview in London. They truly cared.” — Emily & Josh

  • “As a UK citizen I was on an F-1 visa and didn’t know if we could apply from within the U.S. Sharon walked us through the process, and now I have my green card in hand!” — Tom & Rachel

Every case is different—but every couple deserves a smooth, compassionate process.

Why Legal Guidance Makes All the Difference

While the process may appear straightforward, minor mistakes or missed documents can lead to months of delays—or denials. Hiring an experienced immigration attorney ensures your case is fully optimized and complies with the ever-evolving expectations of USCIS and the U.S. Embassy in London.

At Khunkhun Law, we:

  • Tailor a strategy based on where your UK spouse is located

  • Prepare all USCIS or NVC submissions with precision

  • Anticipate consular and USCIS concerns

  • Walk you through the interview preparation step by step

We don’t just file paperwork; we stand by your side throughout the entire journey.

Ready to Bring Your British Spouse to the U.S.?

If you’re a U.S. citizen married to or engaged to a UK-based partner, or if your British spouse is already in the United States, we invite you to speak with our expert legal team today. Your future together in the U.S. is possible, and we know how to get you there.

Let us help you avoid delays, denials, and confusion. Schedule your consultation now to ensure your love story continues without legal roadblocks. Should you or your loved one have any questions or need representation, please do not hesitate to contact us. Although we are located in New York City, we represent clients all over the 50 states of the US. Call us, email us at info@khunkhunlaw.com, or review other options to get in touch with us for an immigration consultation. We have represented many clients with successful results, even with the most difficult set of facts. 

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