Can my (UK citizen) spouse visit me (US Citizen) in the US while K-3 process is under way? We married in the UK.

Q: USCIS, immigration law, I-795 application, student visa, employment authorization

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Q: USCIS, immigration law, I-795 application, student visa, employment authorization

See the full attorney answers on the linked page.

Q: USCIS, immigration law, I-795 application, student visa, employment authorization

See the full attorney answers on the linked page.

Q: I have a student visa-i have been here 1 year .i got married here and my husband has the green card ,can i apply 4 green card?

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Q: USCIS, immigration law, I-795 application, student visa, employment authorization

See the full attorney answers on the linked page.

Q: USCIS, immigration law, I-795 application, student visa, employment authorization

See the full attorney answers on the linked page.

Anonymous Jun 27, 2015 Green Cards 6 views 3 answers

I am a US Citizen by birth, I will be marrying soon in the UK (on a UK marriage visit visa) and then returning to the US to reside. My spouse, a UK citizen by birth, wants to immigrate with me to the US - we have financial means and sponsorship and there are no other issues with my spouse's status. What is the best process and can my spouse visit the US during the process?

Attorney Answers

Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed

Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed · Jun 15, 2026

If your spouse had no intent to immigrate with you, the answer would be: "yes", she can come and visit you here on a visa waiver. However, since you admit that she does in fact have an immigrant intent, she would have to wait to obtain her K-3 visa at the U.S. post in London before she can travel here on that 2-year visa. Have you considered getting married in the U.S.? It would be a much simpler process that would allow her to stay with you in the U.S. while awaiting her interview.

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Pedro A. MirandaImmigration AttorneyHollywood, FL

Pedro A. MirandaImmigration AttorneyHollywood, FL · Jun 15, 2026

Your spouse will probably not get approved for a B-1,B-2 visa to come visit you in the U.S. if you marry in the UK and you apply for a K-3 visa. Your spouse will have to wait for the K-3 to be approved to the enter the U.S. If you are set on marrying in the UK, that is your only alternative other than your spouse waiting for the I-130 to be approved to then consular process and enter with a green card. On the other hand, if you consider the possibility of marrying in the U.S., you could file a petition for a Fiance Visa, K-1 which would permit your spouse to enter the U.S. with the express intention of marrying you and then apply for adjustment of status here. The marriage would have to take place within 90 days of entry or the visa would expire and your spouse would have to leave the country (US).

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J. Jae LeeImmigration AttorneySchaumburg, IL

J. Jae LeeImmigration AttorneySchaumburg, IL · Jun 15, 2026

Hi, I concur with the other attorneys. It appears that applying for a K-1 visa, getting married in the States within 90 days of the arrival, and filing I-130 and I- 485 seem like a best option for you.

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