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US Citizen Living in UK - Better to get married to British partner in UK or in US to move back to USA together?

New York, NY |

Hello, I am a US citizen living in the UK with my long-term partner (British National). If we wanted to move to the USA, we realize our only option would be to get married as the US does not recognize domestic partner visas and securing work sponsorship could be near impossible. I have been researching and cannot quite figure out whether it would be advisable for us to get married here in the UK, then apply for a spousal immigrant visa to bring my partner to the US, or if I should return to America, apply to bring my partner over on a fiance visa and then get married in the US within 90 days. Which method would be quicker, easier, less costly? What are the pros/cons? Thank you in advance for your advice!

Attorney Answers 4


  1. Best answer

    I believe London is one of the places where USCIS has its International Office. That means you can get married in the UK, and file I-130 locally at the US consulate under the DCF processing. See below.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  2. Both methods are possible but I find the fiancé visa (K1) better because based on my experience, it is quicker and it is better to deal with the green card process while you are in the US. . However, timeframes can depend on backlog and personal circumstances, so I cannot predict a specific timeframe. Generally, fiancé visas are processed pretty quickly (2-6 months).

    This answer is for informational purposes only and should not be construed as legal advice.


  3. That is correct in certain cases you may direct file the I-130 at the US consulate in London, which would be faster and easier, if you would be able to do so. For more info see http://london.usembassy.gov/dhs/uscis/i130filing.html.

    Hugo Valverde's response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Valverde's statement above does not create an attorney/client relationship and does not constitute legal advice.


  4. It would likely be quicker for you to marry in the UK and proceed with an immigrant visa through DCF (direct consular filing).

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.

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