Navigating the Transatlantic Love Story: Your Guide to UK to US Marriage Green Card
Understanding Your Options for a Marriage Green Card
In today's interconnected world, love knows no borders. More and more Brits are finding themselves in romantic entanglements with their American counterparts, leading to a surge in transatlantic relationships. However, when it comes to turning these long-distance love affairs into shared lives on American soil, the path can seem as daunting as crossing the pond in a rowboat.
That's where we come in. Our bespoke immigration services are designed to demystify the process of moving from the UK to the US based on marriage. We understand that immigration isn't just about laws and paperwork—it's a human relocation story, often fraught with excitement and anxiety at the same time because clients don’t know what to expect and find it difficult to make plans. They don’t know when they will be able to move or when they can begin applying for jobs. They are also stressed out asking themselves “What if my Green Card gets denied after waiting for two years? I’ve invested so many years in this relationship and can’t afford for this to not go through.”
Before we dive into the nitty-gritty, let's look at the three main pathways for UK to US couples:
Marriage-based Consular Processing
Marriage-based Adjustment of Status
Fiancé Visa
Each of these options has its own quirks and perks, much like choosing between a proper cup of tea or that curious American invention, iced tea. Let's break them down, shall we?
Marriage-based Consular Processing: When Distance Makes the Heart Grow Fonder
Picture this: You're a British citizen, contentedly sipping your Earl Grey in London, while your American spouse is living their best life across the pond. Or perhaps you're both in the UK, having met during your partner's stint at a British firm, but now circumstances are pulling you towards the land of opportunity. This is where Marriage-based Consular Processing comes into play.
This process is ideal for couples where:
The US citizen spouse lives in the US, and the British spouse is in the UK
Both spouses are in the UK, but are planning to move to the US together
The Steps Involved:
Petition Filing: We work with the US citizen spouse to files a successful petition with USCIS.
NVC Processing: Once approved, the case moves to the National Visa Center.
Document Gathering: We help you assemble a veritable treasure trove of documents.
Interview Preparation: We prepare you for your interview at the US Embassy in London.
Visa Issuance: Upon approval, you receive your immigrant visa.
US Entry: You enter the US and become a lawful permanent resident.
Case Study: The Accidental Expats
Take Sarah and John, for instance. Sarah, a brilliant British software engineer, met John, an American entrepreneur, during a tech conference in London. They hit it off, got married, and Sarah joined John's startup in the UK. Two years and one successful exit later, they decided it was time to move to Silicon Valley.
The catch? They needed to move quickly to capitalize on a new opportunity. That's where we stepped in. By leveraging our expertise in expedited processing and our understanding of both UK and US business cultures, we managed to get Sarah's Green Card approved in record time. From initial filing to touching down in San Francisco, the process took just 8 months—half the time it typically takes. This case was an anomaly due to us leveraging local USCIS filing and qualifying the case as deserving expeditious treatment.
Marriage-based Adjustment of Status: When Love Finds You on American Soil
Sometimes, cupid's arrow strikes when you least expect it. You might find yourself in the US on a temporary visa—perhaps you're studying at an American university or on a work assignment—when you meet the love of your life. Suddenly, your temporary stay is looking a lot more permanent.
This process is perfect for couples where:
Both spouses are already in the US
The foreign national spouse is on a temporary visa
The Steps Involved:
Marriage: If not already married, the couple ties the knot. Note that the timing of the marriage is a critical legal issue–it’s best to contact an immigration attorney asap before getting married while visiting the US. If the marriage occurs too soon after the UK national’s entry, this can be serious red flag in the case as USCIS can accuse the spouse of misrepresenting themselves upon entry to the US.
Concurrent Filing: We file the I-130 petition, I-485 adjustment application, and related forms.
Biometrics: The foreign national spouse attends a biometrics appointment.
Interview: The couple attends an interview with USCIS, unless the interview is waived.
Approval: Upon approval, the foreign national becomes a lawful permanent resident.
Case Study: The Academic Love Story
Meet Maya and Michael. Maya, a brilliant British historian, came to the US on a J-1 visa for a one-year research fellowship at Harvard. There, she met Michael, an American literature professor. Their shared love of books blossomed into romance, and they decided to marry.
However, Maya’s J-1 visa had a two-year home residency requirement, which would have forced her to return to the UK for two years before being eligible for a green card. This is where our expertise came into play. We identified that Maya’s research was funded by a British institution, not the US government, making her eligible for a waiver of the two-year requirement.
By simultaneously applying for the waiver and preparing their adjustment of status application, we ensured that Maya could transition seamlessly from J-1 status to permanent residency, without any interruption to her promising academic career in the US.
Fiancé Visa: When You Need a 90-Day Trial Run
While not always the quickest option, the K-1 fiancé visa can be a good fit for certain couples. It's particularly useful for those who:
Have never lived together and want to "test the waters"
Can't obtain another visa to enter the US
Are willing to wait a bit longer for the chance to start their life together in the US
The Steps Involved:
Petition Filing: The US citizen files an I-129F petition.
Visa Application: Once approved, the British partner applies for a K-1 visa.
Interview: The British partner attends an interview at the US Embassy in London.
US Entry: Upon approval, the British partner enters the US.
Marriage: The couple must marry within 90 days of entry.
Adjustment of Status: After marriage, we file for adjustment of status to permanent residency.
Case Study: The Online Romance
Consider the case of Tom and Sandy. Tom, a British graphic designer, met Sandy, an American writer, in an online forum for creatives. Their virtual friendship blossomed into romance, but with busy careers and the Atlantic Ocean between them, they struggled to spend significant time together.
The fiancé visa offered them the perfect solution. It allowed Tom to come to the US for 90 days, giving the couple time to ensure their online chemistry translated to real life, while also allowing Tom to scope out job opportunities in Sandy’s hometown.
We guided them through the process, ensuring all paperwork was filed correctly and on time. We also advised them on the importance of documenting their relationship for the eventual adjustment of status process. Thanks to our thorough preparation, Tom and Sandy sailed through their K-1 interview and adjustment of status process without a hitch.
The Human Side of Immigration
At our firm, we understand that immigration isn't just about ticking boxes and filing forms. It's about people, relationships, and dreams. It's about navigating cultural differences, career transitions, and family dynamics.
That's why our service goes beyond mere legal advice. We're here to help you:
Understand the implications of your move on your UK pension and National Insurance contributions
Navigate the US healthcare system (no, it's not quite like the NHS)
Explore employment opportunities and understand work authorization rules
Maintain ties with family back home while building a new life in the US
We've helped couples deal with everything from finding an accountant that can help the client deal with tax issues involved in moving from one country to another, to ensuring a steady supply of PG Tips in their new American home. Because we know that sometimes, it's the little things that make a new country feel like home.
Why Choose Us for Your Transatlantic Love Story?
Our deep understanding of both UK and US cultures, combined with our extensive experience in immigration law, allows us to offer truly bespoke services. We're not just helping you navigate paperwork; we're helping you write the next chapter of your love story.
Here's why our clients choose us:
Expertise in Transatlantic Cases: We specialize in UK-US immigration, understanding the nuances of both systems.
Holistic Approach: We consider all aspects of your move, not just the legal requirements, after all, I also moved from the UK to the US.
Efficiency: Our familiarity with these processes allows us to offer the fastest possible solutions.
Personal Touch: We treat each case as unique, offering tailored advice and support.
Cultural Understanding: We help bridge the gap between British and American cultures, easing your transition.
Ready to Start Your American Adventure?
Whether you're a Brit dreaming of life in the Big Apple, or an American hoping to bring your British partner home, we're here to help. With our expertise, your transatlantic love story can have the happy ending it deserves. You can read more about our services here and learn about our boutique law firm here.
So, put the kettle on, grab a biscuit (or should we say cookie?), and let's chat about turning your special relationship into a shared American dream. After all, in the words of that great British band, The Beatles, "All you need is love"—and a good immigration lawyer, of course!
Should you or your loved one have any questions or need representation, please do not hesitate to 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.