Getting married is a big decision, and when it involves a US citizen and a UK national, immigration law becomes an important matter that must be dealt with. The right visa depends on where you marry, where you intend to live and what your long-term plans look like. A simple misstep, like entering the US on the wrong visa with plans to stay, can delay or derail the process entirely.

This guide breaks down the routes available if you’re a British citizen marrying a US partner, covering K-1 fiancé visas, CR-1 spousal visas and what to expect if you’re already in the US or planning a wedding abroad.

 

US citizen marrying a UK citizen: visa rules

 

Your visa options will depend on your circumstances, such as where you plan to marry and what your US immigration status is. For example, are you already living in the USA or are you planning to travel to the US just for the wedding?

Importantly, you do not attain any rights automatically under US immigration law by marrying a US citizen. You will have to identify an appropriate immigration route and make an application to the authorities for permission to travel to the US and remain there lawfully to be with your spouse.

 

Travelling to the USA to get married

 

If you are the British fiancé(e) of a US citizen planning to marry your partner in the USA, but you are still in the UK, your partner will need to petition for what’s known as a K-1 Fiancé(e) Visa.

The K-1 visa permits you to enter the United States for the purpose of marrying your US citizen petitioner within 90 days of arrival. Failure to marry within this period requires you to depart the US. If the marriage occurs within 90 days, you may apply to adjust your status to that of a lawful permanent resident (green card holder) by filing Form I-485.

Please note, in the event that your wedding is delayed beyond 90 days, your K-1 visa will automatically expire and cannot be extended. Equally, if you decide not to get married at all once you are in the United States, you will again be required to leave the country.

To be eligible for a K-1 visa, your US spouse must first file Form I-129F, Petition for Alien Fiancé(e), with US Citizenship Immigration Services (USCIS). Assuming USCIS approves the I-129F, it will transfer the case to the US Embassy in London, where you can apply for your K-1 visa using Form DS-160, Online Nonimmigrant Visa Application.

Subject to the successful grant of a visa, and having travelled to the United States to tie the knot, you can then apply to adjust status using Form I-485, Application to Register Permanent Residence or to Adjust Status.

The application process for a marriage-based green card involves multiple steps, most notably submitting the necessary documentation in support and attending an interview with US immigration authorities to prove the following:

 

• Your partner is a US citizen or permanent resident
• You have entered into a legally valid marriage
• The marriage is bona fide, rather than for the sole purpose of obtaining an immigration benefit.

 

Please note, if you have already married, plan to marry outside the United States, or you are already residing legally in the United States, you will not be eligible for a K-1 Fiancé(e) Visa.

 

Already in the USA?

 

If you are already residing legally in the USA but originally entered the country for a reason other than to get married, you may be able to adjust your status to a spouse visa.

If you want to change the purpose of your visit while in the United States, prior to the expiry of your authorized stay your new US spouse must first File Form I-130, Petition for Alien Relative, as well as Form I-485.

In broad terms, you may apply to change your nonimmigrant status in the following circumstances:

 

• You were lawfully admitted to the United States with a nonimmigrant visa
• Your nonimmigrant status remains valid
• You have not violated the conditions of your status, and
• You have not committed any crimes that would make you ineligible.

 

You must also be able to demonstrate that you only made plans to marry after you entered the United States. Needless to say, it may be more difficult to prove your intentions where your relationship with your US fiancé(e) pre-dates you coming to the USA.

As a general rule, USCIS will assume that an applicant entered with a “preconceived intent” to remain in the US if an immigrant petition or adjustment of status application is filed within 90 days of entering the United States. However, the assumption may be disproved with evidence to show a change of circumstances that led to the desire to obtain a green card.

It’s important to note that while marrying within 90 days of entry on a nonimmigrant visa may raise questions about preconceived intent, it does not automatically preclude adjustment of status. Each case is assessed individually, and providing evidence of changed circumstances can support your application

Where you originally entered the USA under a visa for a specific reason other than getting married, you must continue to abide by the terms of that visa until your application to adjust status is approved by USCIS. In the event that you fail to maintain your nonimmigrant status, you may be removed from, and even barred from returning to, the United States.

You will not usually be eligible to apply to adjust your status to that of a lawful permanent resident, not even as the newly wed spouse of a US citizen, where your original intent was to get married and apply for a green card. This is likely to be construed as fraudulent.

If you attempt to adjust status in the USA where you had the intention to marry all along, you will be in violation of the law and could face criminal action, including but not limited to deportation and a permanent ban from the USA.

As such, in the event that you came to the USA under a visa permitting a specific activity other than to get married, in most cases you will need to return home with a view to coming back to the USA under either a K-3 Marriage Visa or a CR-1 Spousal Visa.

 

Marrying in the UK

 

If you plan to marry in the UK and then move to the United States, your US citizen spouse must file Form I-130, Petition for Alien Relative, on your behalf to initiate the immigration process.

In terms of UK immigration, the Fiancé(e) Visa will allow a British citizen to bring their fiancé(e) to join them in the UK with the intention of getting married within the 6 month period of the visa.

Once you are married, you can apply for an immigrant visa, typically a CR-1 or IR-1, to enter the United States as a lawful permanent resident. The CR-1 is issued to couples married for less than two years and grants conditional resident status. The IR-1 is issued where the marriage is more than two years old and grants full permanent residency.

With a CR-1 visa, you will enter the US as a conditional permanent resident. You and your spouse must then apply jointly to remove the conditions within the 90-day window before the second anniversary of your entry to the United States.

The K-3 visa category was designed to reduce time apart for married couples by allowing the foreign spouse to enter the US as a nonimmigrant while their immigrant visa petition is processed. However, in practice, the K-3 is rarely used today. USCIS typically approves the Form I-130 petition as quickly as, or faster than, a K-3 application, making the K-3 route largely redundant.

You should take advice based on your specific circumstances to determine the best option for you.

 

Need assistance?

 

If you have a question about your immigration status and options when marrying a US citizen, speak to one of our US immigration attorneys. We offer a fixed fee telephone consultation where you can put your questions to our specialists.

 

US citizen marrying UK citizen FAQs

 

Can a US citizen marry a UK citizen in the United States?

A US citizen can legally marry a UK citizen in the United States, provided both meet the legal requirements of the state where the marriage takes place. If the UK citizen intends to remain in the US after the wedding, they will usually need a K-1 fiancé(e) visa to enter the US for the purpose of marriage and adjustment of status. If the UK citizen only plans to marry and return home, a visitor visa may suffice, but immigration intent must be clear to avoid future issues.

 

What visa is needed to marry a US citizen in the USA?

If the UK citizen is not already living in the US, they will generally need a K-1 fiancé(e) visa to enter the country for the purpose of marrying a US citizen. The couple must marry within 90 days of arrival, and the UK spouse must then apply for adjustment of status to remain in the country lawfully.

 

Can I use a visitor visa to get married in the US?

Technically, yes — but this is not recommended if the intention is to stay in the US after the wedding. Entering on a visitor visa (B-2) or ESTA under the Visa Waiver Program and then marrying may raise concerns of misrepresentation or visa fraud if not properly disclosed and handled.

 

What if we get married in the UK?

If the couple marries in the UK, the US citizen must file Form I-130 for their UK spouse to begin the immigration process. The UK spouse can then apply for a CR-1 immigrant visa to enter the US as a lawful permanent resident (green card holder).

 

What is the difference between a K-1 and CR-1 visa?

The K-1 is a nonimmigrant visa that allows the UK citizen to enter the US to marry a US citizen within 90 days, after which they apply for a green card. The CR-1 is an immigrant visa that allows a spouse to enter the US as a conditional resident if the marriage is less than two years old.

 

Is the K-3 visa still available?

The K-3 visa technically still exists but is rarely issued in practice. Most applicants are processed faster through the CR-1 visa route, making the K-3 largely redundant.

 

How long does it take to get a spousal visa?

Processing times vary but generally range from 10 to 16 months for a CR-1 visa, depending on case complexity and government processing times. The K-1 visa process may be slightly shorter, but adjustment of status is still required after marriage.

 

Can I work in the US after marrying a US citizen?

Not immediately. If entering on a K-1 visa, the UK spouse must apply for a work permit (Form I-765) after marrying and may only work once this is approved. If entering on a CR-1 visa, work authorisation is granted automatically upon arrival.

 

Do we need to live together before applying?

No, but you must have met in person at least once within the past two years before filing for a K-1 visa, unless an exemption applies. Evidence of a genuine relationship will be required for all visa routes.

 

Glossary

 

Term	Definition
K-1 Visa	A nonimmigrant visa that allows a foreign fiancé(e) of a US citizen to enter the United States for the purpose of marrying within 90 days of arrival.
CR-1 Visa	An immigrant visa that allows the foreign spouse of a US citizen to enter the United States as a conditional permanent resident if married for less than two years.
IR-1 Visa	An immigrant visa that allows the foreign spouse of a US citizen to enter the United States as a permanent resident if the marriage is over two years old at the time of visa issuance.
K-3 Visa	A nonimmigrant visa intended to allow the foreign spouse of a US citizen to enter the United States while awaiting approval of their immigrant visa petition. Rarely used in practice.
Adjustment of Status	The process of applying for lawful permanent residence (a green card) from within the United States after a qualifying marriage or visa entry.
Form I-129F	The petition filed by a US citizen with USCIS to sponsor a foreign fiancé(e) for a K-1 visa.
Form I-130	The petition filed by a US citizen or permanent resident to sponsor a foreign spouse or relative for an immigrant visa.
Form I-485	The application to adjust status to that of a lawful permanent resident (green card holder) within the United States.
Form I-765	The application for an Employment Authorisation Document (EAD) that allows certain non-citizens to work lawfully in the United States.
Petitioner	The US citizen who files the visa petition with USCIS on behalf of their UK fiancé(e) or spouse.
Beneficiary	The UK citizen who is the subject of the visa petition filed by their US fiancé(e) or spouse.
USCIS	United States Citizenship and Immigration Services – the federal agency responsible for processing immigration and naturalisation applications.