Can I transmit citizenship to my spouse?
A United States citizen cannot transmit citizenship to a spouse. If your spouses wishes to relocate with you to the United States, s/he will require an immigrant visa. On entering the United States on a immigrant visa, your spouse will be processed for either Lawful Permanent or Conditional Resident Status. A Lawful Permanent Resident who is married to a U.S. citizen may apply to become a naturalized U.S. citizen after three years residence in the United States.
Questions concerning this should be addressed to the United States Citizenship and Immigration Services (USCIS) in the United https://www.uscis.gov/States.
Which is quicker to process, an immigrant or a fiancé(e) visa?
The time it takes to process a visa application varies with each individual case. However, in general, a fiancé(e) visa application may be slightly quicker than an application for an immigrant visa, as immigrant visa petitions are taking longer to be processed and approved by the USCIS in the United States. If the time factor is of importance, you should contact the USCIS where you will file the petition to ascertain processing times before deciding on applying for a fiancé(e) or immigrant visa
My partner/common-law spouse is a U.S. citizen. Can s/he sponsor me for immigration?
U.S. immigration law does not recognize common-law marriages or civil partnerships. If you wish to take up indefinite residence in the United States, you will be required to qualify for immigration in one of the employment based preference categories or through the Diversity Visa Program, commonly known as the lottery.
We will not marry within 90 days of my arrival in the United States. Can I still apply for a fiancé(e) visa?
No. If the marriage will not take place within 90 days of your arrival in the United States, it will not be possible to process an application for a fiancé(e) visa. An immigrant visa will be required.
Can I apply for the K-1 fiancé(e) visa from within the United States?
No. You may only apply for a K-1 visa at an Embassy or Consulate outside the United States.
If I do not qualify for a fiancé(e) visa how can I reside in the United States?
Your will be required to qualify for an immigrant visa.
We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?
If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program. At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.
Can I enter the United States on a fiancé(e) visa, marry and then leave the United States for my honeymoon?
Once you have married, you must contact the U.S. Citizenship and Immigration Services for further information. If you leave the United States without first obtaining permission from them to re-enter the country, you will be required to apply for an immigrant visa in order to return. This could delay your return by 10-12 months.
Can I travel to the United States while my application for an immigrant or fiancé(e) visa is being processed
If you intend taking up permanent residence in the United States, you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of the visa.
However, if you wish to make a temporary visit at the end of which you will return to your permanent residence outside the United States, you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified.
If applying for a B-2 visa, you will be required to furnish evidence of your residence outside the United States to which you intend returning at the end of your temporary stay. Although a pending immigrant or fiancé(e) visa application is not necessarily conclusive evidence of intent to abandon a U.K. residence, it is a factor considered by consular officers reviewing a visa application. If you are unable to convince the consular officer reviewing the application that you do not intend abandoning your residence, you will not be issued a visa.
When traveling to the U.S. either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you for presentation to an immigration inspector evidence of your residence outside the U.S. If the immigration inspector is not convinced that you are a bonafide visitor for pleasure, you will be denied entry into the United States.