Can I move to the United States? Immigrant and fiancé(e) visa categories/how to file a petition

If a petition or Diversity Visa entry has already been submitted for you, click here for information about the status of your case and what to do if you have questions.

You do not need to apply for an immigrant or fiancé(e) visa if any of the below apply to you:

A valid immigrant or fiancé(e) visa permits the holder to travel to a Port of Entry to apply for admission to the United States to live there indefinitely or permanently. In most cases, the first step is for a petition to be filed for you by a U.S. citizen, Lawful Permanent Resident (LPR), or a U.S. employer you have a qualifying relationship with.

Choose your scenario from the list below to help you decide if you may qualify to apply for a visa and, if so, how to get started. Keep reading for Frequently Asked Questions (FAQs). As the Embassy is not involved with petitions filed with USCIS in the United States, we cannot assist with any questions about visa categories or petition filing beyond the information provided on this webpage.

Due to unavoidable backlogs and unprecedented demand caused by the ongoing impact of COVID-19, you should expect delays at every stage pf the process for the foreseeable future.

Important: The USCIS Field Office in London closed permanently in 2020. Make sure you check the information below for updated information about petition filing procedures.

IMPORTANT: Visa issuance cannot be guaranteed. You should not give up work or accommodation, book travel tickets, or make final plans to move to the United States unless you have received your passport containing a valid immigrant or fiancé(e) visa. No expedited visa processing is available.

Visit the United States Citizenship and Immigration Services (USCIS) website for information about all the available immigrant visas and for contact details. Your prospective employer should contact USCIS directly with any questions about petition filing after checking the USCIS website, including any questions about fee payment.

The U.S. Embassy has no involvement at the petition stage. Therefore, we cannot assist you with finding an employer or advise you if your skills, credentials or qualifications match the criteria for any particular visa. 

How long will it take?

If the petition is approved by USCIS, your case will be forwarded to National Visa Center (NVC) for processing which may take anything from six months to many years, depending on the category of visa and other factors.

Petition approval does not guarantee visa issuance. As the visa process involves multiple stages, you should not resign from work, give up accommodation, book travel tickets, or make other final plans to move to the United States unless you have received your passport containing a valid immigrant visa.

The first step is for the U.S. citizen to file a petition. In the majority of cases, petitions must be filed with USCIS in the United States. Visit the United States Citizenship and Immigration Services (USCIS) website for information about all the available immigrant visas. Your petitioner should contact USCIS in the U.S. directly with any questions about petition filing, including how to pay the petition filing fee. Click here for USCIS contact details.

Please see the USCIS website for examples of exceptional circumstances under which the Immigrant Visa Unit in London may be able to consider accepting and processing the petition on behalf of USCIS. If your petitioner believes your case has exceptional circumstances after reviewing that webpage, they should complete this contact form. No guarantees are possible. The request will be reviewed by a senior manager. If the request is denied, the petition must be filed with USCIS in the United States as described above.

  • A U.S. citizen must be at least 21 years old to file a petition for a parent.
  • Before filing a petition for a biological child of a U.S. citizen, you should obtain formal confirmation that they are not a U.S. citizen. If they are under 18, you should apply for a Consular Report of Birth Abroad (CRBA) for them. Click here for information about the CRBA application process.
  • If the biological child of a U.S. citizen does not qualify for U.S. citizenship then a petition must be filed for them – they will not derive status from a petition filed for their non-U.S. citizen parent.
  • A step-parent or step-child may qualify for immigration if the marriage creating the step-parent/step-child relationship took place before the child turned 18. A petition must be filed for them – they will not derive status from a petition filed for their non-U.S. citizen parent.

Important: You may see information on the USCIS website about K-3 and K-4 visas for spouses and minor children of U.S. citizens. Those visas are intended for applicants in places where the processing time for K-3 and K-4 visa petitions is significantly shorter than for immigrant visa petitions. That is not the case for applicants in the United Kingdom.

How long will it take?

If the petition is approved by USCIS in the United States, your case will be forwarded to National Visa Center (NVC) for processing which may take anything from six months to many years, depending on the category of visa and other factors.

If the petition is approved by the Immigrant Visa Unit in London due to exceptional circumstances, they will contact you about the outcome of your petition application as soon as possible. If the petition is approved, they will inform you about the next steps to apply for a visa.

Petition approval does not guarantee visa issuance. As the visa process involves multiple stages, you should not resign from work, give up accommodation, book travel tickets, or make other final plans to move to the United States unless you have received your passport containing a valid immigrant visa.

  • If you would like to travel to get married to a U.S. citizen in the United States and then stay in the U.S. to live there permanently, you will need to apply for and obtain a fiancé(e) visa.
  • If a fiancé(e) visa is issued, you must marry within 90 days of your arrival in the United States.

The first step is for the U.S. citizen to file a petition with United States Citizenship and Immigration Services (USCIS) in the United States. Click here to visit the USCIS website for information about how to file a petition with USCIS, and for USCIS contact details. Your U.S. citizen fiancé(e) should contact USCIS in the United States directly with any questions about petition filing after checking the USCIS website, including any questions about how to pay the petition filing fee.

Petition approval does not guarantee visa issuance. As the visa process involves multiple stages, you should not resign from work, give up accommodation or make final travel or wedding plans unless you have received a valid fiancé(e) visa. We cannot guarantee visa issuance or expedite the visa issuance process.

Important: If you obtain a fiancé(e) visa, you will be required to marry within 90 days of arriving in the United States and then subsequently file for conditional resident status. Until conditional residence is approved and you have received your conditional Permanent Resident Card (‘Green Card’), you should not depart the United States for a honeymoon or any other reason unless you have applied for and obtained Advance Parole. If you depart the United States without Advance Parole or conditional resident status, you will need to qualify for and obtain an immigrant visa to return to the United States.

What if I want to marry a U.S. citizen but I don’t want to move to the United States?
  • If you plan to get married in the United States and then return to your permanent residence abroad after the wedding and honeymoon, you do not need a fiancé(e) visa. You should check whether you qualify to travel under the Visa Waiver Program or if you will require a B-2 (tourist) nonimmigrant visa.
  • If you intend to marry outside of the United States (or in the U.S. as a temporary visitor before leaving again) but you decide you would like to move to the United States in the future, please see the information on this webpage about applying for a visa as the spouse of a U.S. citizen at that time. You must wait until after the marriage has taken place before an immigrant visa petition can be filed.

If it is under two years since the death of your U.S. citizen spouse, click here to visit the USCIS website to find out if you may qualify for an immigrant visa. Please contact USCIS in the United States directly with any questions about filing a petition for yourself, including any questions about paying the petition filing fee.

How long will it take?

If the petition is approved by USCIS in the United States, your case will be forwarded to National Visa Center (NVC) for processing which may take anything from six months to many years.

Petition approval does not guarantee visa issuance. As the visa process involves multiple stages, you should not resign from work, give up accommodation, book travel tickets, or make other final plans to move to the United States unless you have received your passport containing a valid immigrant visa.

The first step is for the U.S. citizen to file a petition with United States Citizenship and Immigration Services (USCIS) in the United States. Click here to visit the USCIS website to find out if you may qualify for a visa, how to file the petition and USCIS contact details. Your petitioner should contact USCIS in the U.S. directly with any questions about petition filing, including how to pay the petition filing fee.

How long will it take?

If the petition is approved by USCIS in the United States, your case will be forwarded to National Visa Center (NVC) for processing which may take anything from six months to many years.

Petition approval does not guarantee visa issuance. As the visa process involves multiple stages, you should not resign from work, give up accommodation, book travel tickets, or make other final plans to move to the United States unless you have received your passport containing a valid immigrant visa.

The first step is for the LPR to file a petition with United States Citizenship and Immigration Services (USCIS) in the United States. Click here to visit the USCIS website to find out if you may qualify for a visa, find out how to file the petition, and for USCIS contact details. Your petitioner should contact USCIS in the U.S. directly with any questions about petition filing, including how to pay the petition filing fee.

How long will it take?

If the petition is approved by USCIS in the United States, your case will be forwarded to National Visa Center (NVC) for processing which may take anything from six months to many years.

Petition approval does not guarantee visa issuance. As the visa process involves multiple stages, you should not resign from work, give up accommodation, book travel tickets, or make other final plans to move to the United States unless you have received your passport containing a valid immigrant visa.

A limited number of visas are available each year through the Diversity Visa (DV) Program, which is commonly known as the Green Card lottery or the DV lottery. As the program is designed to facilitate immigration from countries with historically low levels of immigration to the U.S., people born in the United Kingdom (other than Northern Ireland) are generally not eligible to apply for the DV Program.

As the U.S. Embassy is not involved at the DV entry submission stage, we cannot answer any questions about eligibility, how to apply or entry status. Please carefully check the information in the official Diversity Visa instructions for the information you need.

When can I submit an entry?

It is only possible to submit a DV Program entry in a specific period each year. The registration period for DV-2022 closed in November 2020, The Diversity Visa instructions will be updated as soon as DV-2023 information and registration dates are available in the Autumn of 2021.

As the visa process involves multiple stages, you should not resign from work, give up accommodation, book travel tickets, or make other final plans to move to the United States unless you have received your passport containing a valid immigrant visa.

Important: The only official Diversity Visa Program entry website is dvprogram.state.gov.  No third party organization, website or individual has been authorized by the U.S. Government to provide information about the DV Program, submit a registration, or notify individuals about the outcome of their entry.

If you were an LPR and you have been out of the U.S. for 12 months or more (or two years or more if you had a reentry permit), then you have lost your LPR status. You will need to qualify for and obtain a new immigrant visa if you would like to move back to the United States. The only exception to this is U.S. military members and their spouse and children who remain outside the United States no more than four months beyond the end of their overseas assignment.

Returning Resident status removes the need for a petition to be filed and approved before you can apply for a new visa. You can only qualify for Returning Resident status if all of the following apply:

  • You departed the United States with the intention of returning within 12 months, and have not abandoned the intention to return.
  • You are returning to the United States from a temporary visit abroad.
  • You can demonstrate that the reasons for remaining abroad were beyond your control and for which you were not responsible.
  • You have not formally abandoned your LPR status by filing Form I-407.
  • If you were admitted to the United States as a Conditional Resident, you filed to remove the conditions before departing the U.S.

If the reason that you did not return to the United States was not unexpected and unavoidable, or if any of the conditions listed above do not apply, you should apply for a visa in one of the categories listed on this webpage if you wish to return to the United States to live there.

Important: Please consider the criteria carefully before deciding to apply. The fee of $180, paid at the Embassy on the day of the appointment, is non-refundable regardless of the outcome of the application.

How to apply for Returning Resident Status

1) Click here to complete Form DS-117. Ensure you print the form.

2) Register an account on the Visa Appointment Service website to book an appointment for the Embassy in London. When you register, you should select the option ‘I am a returning U.S. Legal Permanent Resident (LPR) and require reentry authorization to the United States.’

What to expect

During the interview, the consular officer will consider your application for Returning Resident status.

  • If it is approved, you will be advised how to begin the visa application process. That will involve completing an application form, gathering supporting documents, undergoing a medical examination, paying a visa application fee, and attending another interview. Returning Resident status approval does not guarantee visa issuance.
  • If Returning Resident status is denied, you must qualify for and obtain an immigrant visa from the list on this webpage. In most cases, a petition filed by a U.S. citizens or LPR will be required.

As the visa process involves multiple stages, you should not resign from work, give up accommodation, book travel tickets, or make other final plans to move to the United States unless you have received your passport containing a valid immigrant visa.

Please visit the United States Citizenship and Immigration Services (USCIS) website for information about the circumstances under which entrepreneurs may qualify for an immigrant visa and for USCIS contact details.  Please contact USCIS directly with any questions about filing a petition, including any questions about paying the petition filing fee.

How long will it take?

If the petition is approved by USCIS in the United States, your case will be forwarded to National Visa Center (NVC) for processing which may take anything from six months to many years.

Petition approval does not guarantee visa issuance. As the visa process involves multiple stages, you should not resign from work, give up accommodation, book travel tickets, or make other final plans to move to the United States unless you have received your passport containing a valid immigrant visa.

Please see the Department of State’s website if you think you may qualify for a Special Immigrant Visa. This includes Iraqi and Afghani translators, some overseas employees of or on behalf of the U.S. government, children from overseas adopted by U.S. citizens, and religious workers.

How long will it take?

If the petition is approved by USCIS in the United States, your case will be forwarded to National Visa Center (NVC) for processing which may take anything from six months to many years.

Petition approval does not guarantee visa issuance. As the visa process involves multiple stages, you should not resign from work, give up accommodation, book travel tickets, or make other final plans to move to the United States unless you have received your passport containing a valid immigrant visa.

Under U.S. law, the United States grants political asylum only to aliens who are physically present in the United States. Therefore, you cannot apply for asylum in the United States if you are in the UK.

To be eligible for consideration under the U.S. Refugee program, you must meet the definition of a refugee: a person outside of his/her country of nationality or outside his/her habitual residence, who is unwilling or unable to return to that country because of persecution or a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group or political opinion. In addition, you must be able to establish that you are not already firmly resettled in a foreign country and must fall within certain refugee processing priorities. London is not a refugee-processing post which means that no processing for the U.S. Refugee program takes place in the UK. Please visit the USCIS website for more information about the U.S. Refugee program.

If your spouse has refugee or asylee status, or if your parent has refugee or asylee status and you are unmarried and under the age of 21, then they can file a petition to request ‘follow-to-join’ benefits for you. If the petition is approved, you will be able to apply for a derivative visa.

Your spouse or parent with refugee or asylee status should click here to visit the USCIS website for information about how to file the petition, Form I-730, with USCIS in the United States.

Your petitioner should contact USCIS directly with any questions about filing a petition, including any questions about paying the petition filing fee.

The visa classifications listed on the USCIS website, summarized on our website above, are all the available visa categories.

IMPORTANT: If you do not qualify for one of the listed visa categories then it will not be possible for you to apply for a visa, which is needed for a non-U.S. citizen to move to the United States.

  •  You cannot qualify for a visa solely on the basis of retirement, owning a holiday home, or looking for work.
  •  U.S. military and police recruits must already be U.S. citizens or Lawful Permanent Residents (LPR). An immigrant visa cannot be issued based of intention to enlist.
  •  Only the relatives listed above can file an immigrant visa petition. U.S. citizen grandparents, aunts, uncles, nieces, nephews or cousins can’t file an immigrant visa petition for you.

Applying for a visa involves multiple government agencies. As the Immigrant Visa Unit at the Embassy is not involved at this stage, we cannot help you with:

  • Deciding whether you may qualify for a visa
  • Finding a U.S. employer or advising if your skills or qualifications meet the usual requirements
  • Questions about how to file a petition, including questions about paying the petition filing fee
  • Timescales specific to your case – the visa process can take anything from six months to many years depending on numerous factors
  • Neither the Embassy nor USCIS can predict how long specific applications may take because every case is different. Furthermore, visa issuance cannot be guaranteed. You should not give up employment or accommodation, or make final plans to move to the United States unless you have received a valid visa.

Important: Please read the information on our website and the USCIS website carefully. If you do not qualify for one of the existing visa categories, it will not be possible for you to apply for a visa to move to the United States.


Frequently Asked Questions (FAQs)

Applying for a visa involves multiple government agencies. As the Immigrant Visa Unit at the Embassy is not involved at this stage, the Embassy cannot help you with:

  • Deciding whether you may qualify for a visa
  • Finding a U.S. employer or advising if your skills or qualifications meet the usual requirements
  • Questions about how to file a petition, including questions about paying the petition filing fee
  • Timescales specific to your case – the visa process can take anywhere from six months to many years depending on various factors
  • Neither the Embassy nor USCIS can predict how long specific applications may take because every case is different. Furthermore, visa issuance cannot be guaranteed. You should not give up employment or accommodation, or make final plans to move to the United States unless you have received a valid visa.

Important: Please read the information on our website and the USCIS website carefully. If you do not qualify for one of the existing visa categories, it will not be possible for you to apply for a visa to move to the United States.

Most petitions are filed with USCIS in the United States. If your petitioner has questions after checking the information online, they should contact USCIS directly with any questions about the petition process, including about payment methods.

If you wish to apply for a visa as the immediate relative of a U.S. citizen and your petitioner has submitted a contact form to request exceptional circumstances consideration (see scenario 2 from the list above), the Immigrant Visa Unit will reply by email as quickly as possible with detailed information. Please do not submit multiple contact forms.

If a petition has been filed for you with USCIS and you are wondering about the status of your case, click here for information to help clarify what you should expect.

The Embassy cannot assist you with finding an employer, advise you if your skills, credentials or qualifications match the criteria for any particular visa, or answer any questions about filing a petition.

  • Applying for and obtaining an approved petition is required before you can apply for an immigrant or fiancé(e) visa.
  • A valid immigrant or fiancé(e) visa permits the holder to travel to a U.S. Port of Entry to apply for admission to live there indefinitely or permanently.
  • If you travel to the United States with a valid immigrant visa, you will be admitted as a Lawful Permanent Resident (LPR) and you will be given the forms needed to apply for a Permanent Resident Card, which is also known as a ‘Green Card.’
  • If you travel with a valid fiancé(e) visa, you must get married within 90 days of arriving in the United States. You will apply for conditional resident status after the wedding takes place. You will later file to remove the conditions on your LPR status.
  • An LPR can apply to become a U.S. citizen through naturalization if they meet all of the necessary requirements, which typically includes living in the United States for several years.
  • Applying for an immigrant or fiancé(e) visa is a comprehensive process involving multiple stages and agencies. It is not possible for this to be completed in a short amount of time. No expedited visa processing service is available.
  • Depending on the type of visa you apply for, your personal circumstances, and other factors, the application process may take anything from six months to many years.
  • If your petitioner needs to depart the UK quickly, note that there is no requirement for them to be present in the UK while your application is underway or to attend your visa interview.
  • If you are applying for a visa as the spouse or unmarried child (under 21) of a U.S. citizen, click on your scenario from the visa category list above. This will provide you with information about exceptional circumstances under which you can apply to request permission for your petition to be filed with the Embassy in London rather than USCIS in the United States. While your request will be reviewed and responded to as quickly as possible, please note that no premium expedite service is available.

IMPORTANT: Visa issuance is not guaranteed. You should not resign from work, give up accommodation, book travel tickets, or make other final plans to move to the United States unless you have received your passport containing a valid immigrant or fiancé(e) visa. Travel with ESTA or a nonimmigrant visa is not appropriate if you intend to move to the United States.

If you want to travel to the United States to live there, you are required to wait for your immigrant or fiancé(e) visa application to be completed. Travel using the Visa Waiver Program or a nonimmigrant visa is not appropriate instead of the appropriate immigrant or fiancé(e) visa, and so you should not expect to live in the U.S. while your visa application is underway.

If you would like to visit the United States for a temporary period while your immigrant or fiancé(e) visa application is underway, you will need valid travel authorization under ESTA or a valid nonimmigrant visa. When you apply for a visa and/or travel to the U.S. Port of Entry, you will need to demonstrate that you will depart the U.S. after your short visit. If you have reached the later stages of an immigrant or fiancé(e) visa application then you may find this difficult to establish. If you are unable to show that you are a bona fide visitor rather than an intending immigrant at that time, you will be refused a nonimmigrant visa and/or admission to the United States. No assurances can be given in advance.

If you attend an immigrant or fiancé(e) visa interview, you will be confirming that you intend to move to the United States. Therefore, you will no longer be eligible to travel as a visitor. Once the visa has been issued, you should travel using that visa with the intention of taking up permanent residence in the United States.

  • If you are applying for a visa on the basis of your relationship to a U.S. citizen or LPR, you must both intend to live in the United States indefinitely or permanently.
  • If your petitioner does not currently live in the United States, you must demonstrate to the consular officer during the interview that if a visa is issued to you, your petitioner will travel to the United States to resume residence before or at the same time as you travel.

Important: Please be aware that U.S. citizens and LPRs are required to file U.S. taxes, or receive official confirmation that tax filing is not required in their case, even when they reside abroad. We strongly recommend that if your petitioner has not been filing U.S. taxes while abroad, they take steps to do so now to avoid delaying your visa application in the final stages.

Any questions about U.S. tax are a matter for the Internal Revenue Service (IRS). Click here for IRS information for U.S. citizens living abroad. If you have questions after checking that  website, you may contact the IRS International Taxpayer Service Call Center in Philadelphia by calling 001-267-941-1000 (not toll-free). You can click here for opening hours  and alternative contact options. 

The appropriate visa depends on whether you intend to marry before or after moving to the United States.

  • If you have married or will marry a U.S. citizen before moving to the United States, you will need to apply for and obtain an immigrant visa as the spouse of a U.S. citizen in order to move to the United States. The petition cannot be filed for you until after the marriage has taken place.
  • If you would like to get married to a U.S. citizen in the United States and then stay in the U.S. to live there indefinitely or permanently, you will need to apply for and obtain a fiancé(e) visa prior to travel.
  • If you are married to a U.S. citizen or plan to get married in the United States, you do not need a fiancé(e) or immigrant visa if you only intend to visit the U.S. for a temporary period, such as for a wedding ceremony, honeymoon, or visiting friends and relatives. You may be eligible for a B-2 (tourist) visa or travel under the terms of the Visa Waiver Program (if otherwise qualified).
  • If you do not plan to marry your U.S. citizen partner then you will need to qualify for and obtain a visa in one of the other immigrant visa categories listed on this webpage if you would like to move to the United States.
  • Common law (cohabiting) partnerships in the UK are not recognized under U.S. law for immigration purposes.
  • If your civil partner is a U.S. citizen or LPR, they should contact USCIS to find out if they may file a petition for you.

It is not possible to apply for a visa from within the United States. If you are in the United States, any questions about your status are a matter for United States Citizenship and Immigration Services (USCIS). Information and contact details can be found on their website.