Dual Citizen with a UK Citizen Partner

[Sae 0]

Confused! Please share your wisdom!

My partner and I are wanting to relocate to the US and both currently live in the UK.

I am a dual US/UK citizen, and last lived in the UK about 3 years ago.

If we are to marry, is it better to:

- Marry here and move to the US on the 'Alien Relative' visa

or

- Apply for the K-1 visa and marry when we are in the US

What takes longer to process?

Thank you all so much!

[amykathleen2005 441]

You can apply for Direct Consular Filing at the embassy in London. It should be fast, like a few months. You have to be married first to do it.

[Penguin_ie 5,994]

I'd go for the married (CR-1 visa) option- normally, the K1 is slightly faster but with DCF being available to you, that is not the case, plus if you go for the spousal visa, the UK spouse can travel and work immediately, and it's cheaper overall than the K1.

[Anh map 2,098]

If you are same sex partners there is currently no immigration path available.

[Sae 0]

Thank you guys!

Anh map, we are male/female thankfully. Such a shame for those who aren't

[amykathleen2005 441]

If you are same sex partners there is currently no immigration path available.

People in the UK often refer to their fiance/long term boyfriend or girlfriend as a partner, it doesn't connotate same sex relationship as it does in the US.

[Anh map 2,098]

People in the UK often refer to their fiance/long term boyfriend or girlfriend as a partner, it doesn't connotate same sex relationship as it does in the US.

I am well aware, however that doesn't prevent folks from not being knowledgeable about US immigration policy.

Better to check and make sure. We've had VJ members get tripped up in the past.

[aaron2020 11,651]

It's better to marry in the UK and file for a spousal visa. Upon entry into the US, the spousal visa holder automatically gets a green card. With a green card, the person can legally work or attend school. In addition, the person is free to travel outside the US immediately.

Marrying in the US on a K-1 fiancee visa can be a pain. First, the visa holder must get marry before he/she can file for anything further. Second, once the K-1 fiancee files for a green card and other documents, it takes 2-3 months to get the Employment Authorization Document and Advance Parole card (EAD/AP card). He/She must have the EAD/AP card to legally work, legally attend school, or travel outside the US without abandoning the process. 2-3 months of sitting around with nothing to do in a new and unfamiliar environment without friends or family can be a real emotional abyss. It also cost more to go through this route since you are paying for two processes instead of one with the spousal visa.