Interested in a Marriage Green Card as a UK Resident?

Long-distance relationships can be challenging, but when an ocean separates you and your partner, it adds an extra layer of complexity. As a US immigration attorney born and raised in London, UK, I understand the emotional and financial toll that these transatlantic relationships can have. My goal is to help you turn your love story into a shared life in the United States, guiding you every step of the way toward obtaining a marriage green card. In this blog, we'll explore the most efficient ways to bring you and your partner together, no matter which side of the Atlantic you’re on.

The Struggles of a Transatlantic Love Story: Struggles for a Marriage Green Card

Being apart from your loved one can be heart-wrenching. There’s the frustration of time zone differences, the high costs of flights, and the bittersweet goodbyes at the airport. But beyond these challenges lies an even deeper strain: the longing to create a life together without the constant interruptions of distance. As time passes, long-distance couples often find themselves navigating emotional hurdles like loneliness, uncertainty, and the desire to be physically present during life’s special moments.

My UK resident clients come to me with almost identical questions: What is the fastest way for me to get a Green Card for the US? Is the K-1 fiance visa the fastest way for me to get to my spouse in the US or should we get married and apply for the IR1 spousal visa? As your dedicated US immigration attorney, my mission is to provide you with the quickest, most efficient path to reuniting with your partner in the United States. Together, we can transform your long-distance relationship into a life lived side by side.

3 Pathways to Your Marriage Green Card as a UK Citizen

When it comes to reuniting with your US citizen partner, you have three primary options for obtaining your marriage green card:

1. Adjustment of Status (AOS) if You’re Already in the US on an ESTA or B1/B2 Visitor Visa

The Adjustment of Status (AOS) process is ideal if you are already in the United States on an ESTA visa waiver or a B1/B2 visitor visa. Here’s how it works:

• Eligibility: You must be physically present in the US when you file for AOS. This option is available if you’ve married a US citizen during your stay, even if you entered on a tourist visa. Keep in mind that your intent to marry and apply for a marriage green card based on Adjustment of Status must arise after you enter the US based on a change in circumstances. You cannot enter the US with the intent to marry and apply for a marriage green card if you are entering on an ESTA or B1/B2 visitor visa. Before you get married you really should speak to an immigration attorney who specializes in marriage green card cases. 

• Process: Once you’re married, we will submit the I-130 (Petition for Alien Relative) and I-485 (Application to Register Permanent Residence or Adjust Status) concurrently. This means you can stay with your spouse in the US while your green card application is being processed.

• Benefits: You can apply for work authorization and travel permits (advanced parole) while you wait for your green card approval. This allows you to work legally and travel abroad temporarily.

• Challenges: Missteps in this process, such as improper filing or insufficient evidence of your bona fide marriage, can lead to delays or even denial. That’s where my guidance can ensure a smooth process.

Key Insight: Many couples don’t realize that entering the US on ESTA or a B1/B2 visa with the intention to marry can lead to complications. I’ll help you navigate this process legally, ensuring that you avoid any potential pitfalls.

2. Consular Processing – Waiting Abroad in the UK for your Marriage Green Card

If you’re still in the UK, the consular processing route might be the right choice. Here’s what you need to know:

• Eligibility: You’ll start this process while living in the UK. Your US citizen spouse will file an I-130 petition on your behalf, proving that your relationship is genuine.

• Process: Once approved, your case is transferred to the National Visa Center (NVC) and then to the US Embassy in London. You’ll attend an interview and receive your immigrant visa to travel to the US.

• Travel While Waiting: Although this process requires waiting in the UK, it doesn’t mean you can’t visit your spouse in the US during this time. Many couples struggle with travel restrictions, often facing difficulties at the airport. As your immigration attorney, I’ll equip you with the right guidance to ensure a smooth entry into the US during your visits. If you are not prepared your entry can result in an automatic return from the airport back to the UK. This can be traumatizing so make sure you are prepared with all the documents you need.

• Benefits: This route is often slower than adjustment of status if you’re already outside the US, however, you’ll enter the US as a permanent resident once approved.

Key Insight: Consular processing can be daunting, but I’ll handle all the paperwork, communication with the NVC, and preparation for your embassy interview, making sure there are no delays in your journey to be with your partner.

3. K-1 Fiancé Visa – If You’re Not Yet Married

If you and your US citizen partner are engaged but not yet married, the K-1 fiancé visa is an option worth considering:

• Eligibility: Your partner must be a US citizen, and you must have met in person at least once in the past two years.

• Process: Your US citizen partner will file the I-129F petition, and once approved, you’ll receive a K-1 visa to enter the US. You’ll then have 90 days to get married and apply for adjustment of status to receive your green card.

• Benefits: The K-1 visa allows you to be together sooner, and you’ll be able to marry on US soil. This option is ideal if you’re looking to expedite your reunion and start your married life in the US.

• Challenges: There’s a time-sensitive element here – you must marry within 90 days of entering the US. As your immigration attorney, I’ll guide you through the timeline to ensure no missteps.

Key Insight: Many couples choose the K-1 visa for its speed but this is a misconception. The K-1 visa only shaves off a couple of months from the process compared to marriage based consular processing and the paperwork can be overwhelming. With my guidance, you’ll avoid delays and enter the US with confidence if you feel that this is the best option for you. 

How I Can Help You Reunite Quickly and Smoothly: Let’s get you that Marriage Green Card!

I understand that navigating US immigration law can be overwhelming, especially when you’re trying to keep the flames of a long-distance relationship alive. Here’s how I can help:

• Personalized Guidance: I’ll assess your unique situation and recommend the best option for your marriage green card journey.

• Efficient Processing: I’ll handle all the paperwork, ensuring that every form is completed accurately, reducing the risk of delays.

• Communication Support: From managing embassy interviews to preparing you for interactions with Customs and Border Protection (CBP) officers, I’ll be there every step of the way.

• Proven Expertise: With my own experience as an immigrant and years of practice in US immigration law, I know what it takes to achieve success.

Essential Things You Need to Know

1. Proof of a Bona Fide Relationship: USCIS and the US Embassy will scrutinize your relationship to ensure it’s genuine. Evidence like photos, joint bank accounts, and travel itineraries are crucial.

2. Timing Is Everything: Certain options take longer than others. Planning ahead can make a significant difference in your journey to the US.

3. Legal Representation Matters: Navigating US immigration laws can be confusing, but with the right attorney, you’ll save time, money, and heartache.

Frequently Asked Questions (FAQs) regarding a Marriage Green Card from the UK

Q: Can I apply for a marriage green card if I’m currently in the US on a tourist visa?
A: Yes, if you entered on a tourist visa and then married a US citizen, you can apply for adjustment of status. However, this must be done correctly to avoid complications. I can guide you through the process to ensure compliance with US immigration laws.

Q: How long does the consular processing route take?
A: It typically takes approximately 18 months to two years, but having an experienced immigration attorney can help reduce potential delays.

Q: Is the K-1 fiancé visa faster than applying for a green card through marriage?
A: The K-1 visa is often faster but just by a couple of months compared to the marriage based consular processing route, but it requires you to marry within 90 days of entering the US. Once married, you can then adjust your status to a permanent resident.

Final Thoughts: Your Transatlantic Love Story Deserves a Happy Ending

Every love story is unique, but when it spans oceans, it requires a little extra effort to turn your dreams into reality. As a UK-born US immigration attorney, I’m here to help you bridge the gap between the UK and the US, ensuring that your path to a marriage green card is as smooth and swift as possible. Let’s work together to make your transatlantic love story the beginning of your happily ever after in the United States.

Why Choose Khunkhun Law for Your Marriage Green Card Immigration Journey?

As an immigrant myself, I’ve walked the path you’re on and understand the anxiety and challenges that come with navigating the immigration process. I know firsthand how devastating it can be to trust an attorney who views you as just another case number – I’ve been there and you can read about my experience and disappointments here. My own experience with an unscrupulous attorney who only cared about money, not service, inspired me to build Khunkhun Law on a foundation of integrity, empathy, and unmatched customer service.

At Khunkhun Law, every client matters, and your story is treated with the respect and attention it deserves. We take pride in offering personalized, compassionate guidance because we understand that your journey isn’t just about paperwork; it’s about building a future.

Whether you're in New York City or anywhere else in the 50 states, we’re here to help you with your immigration needs. Reach out to us today – call, email us at info@khunkhunlaw.com, or schedule a Zoom consultation with me here, Sharon Khunkhun, using our online booking system. We have a track record of achieving successful outcomes, even in the most challenging cases, and we’re committed to standing by your side every step of the way.

Your journey matters to us because we've been there, and we're here to help you every step of the way. Let's make your dream a reality together. With the right approach, the marriage green card process can help you build a future in the U.S. with your spouse while allowing you to achieve your immigration goals. 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 United Kingdom and 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. If you are ready to schedule a consultation you can find a date that works for you and book your Zoom meeting with Sharon Khunkhun here. We have represented many clients with successful results even with the most difficult set of facts.