Are you a Brit in love with an American? Are you wondering whether you should live together in the US or the UK?

Whether you are a NY-LON couple or any other combination of the UK and the US, you need to think about visas when deciding where to live. Things like job opportunities and schools may be at the top of your mind, but without a visa, you won’t be able to enjoy those things. With visas as with other aspects of life, the US and the UK have much in common. But there are some important differences which you need to consider when deciding which side of the pond suits you best.

Family ties

Whichever way you decide to go, you will be in a good position because one of you is from the country where you will be living. If you stay here in the UK, you can sponsor your partner’s UK family visa application as you are a British citizen. You can be married or engaged to be married. Alternatively, you can be an unmarried couple. Generally, you will need to have been together for at least 2 years. If you have children together, they will often be British already, so you will not need to apply for a visa for them. If your partner has children from a previous relationship, you may still be able to sponsor their visa applications, but this is more complicated. Do contact us – we have had success with these situations!

If you go to the US, as a US citizen your partner can act as your family visa sponsor. However, one big difference with the UK is that in the US you will need to be married or engaged - it is not enough to be in an unmarried relationship. If you have children who are not US citizens, they can be up to 21 – unlike in the UK, where 18 is normally the limit.

Money matters

The UK imposes increasingly stringent financial requirements for family visas. Your minimum income must normally be at least ￡29,000 per year. You can sometimes rely on savings as well as or instead of your income. The devil is very much in the detail here: there are highly technical requirements demanding precise documentation – especially if you are self-employed. In any case, you will need to have money available to you simply in order to pay the UK Government fees, which can often reach ￡4,000 for a visa application.

If you decide to move to the US, your partner will have to sign a five-year contract with the US Government to guarantee financial support. Minimum income thresholds start at around $20,000, with careful assessment of total family assets and dependants. The process requires comprehensive financial disclosure for you and your partner, including all assets and potential family members who may require support.?Again, this focus on finances is reflected in the visa application process itself: US family visa applications involve a non-refundable fee of approximately $2,300.

Long-term plans

Even at this early stage, you need to think about your long-term intentions. If you want to be able to stay in the UK indefinitely, your partner will generally need to make several visa applications, demonstrating your continuing relationship and financial stability each time. First, there is an initial application for a few years, then an extension application for another few years, before a permanent residency application normally after 5 years. Your partner may even be able to apply for British citizenship straight afterwards.

On the other hand, if you move to the US, you may receive permanent residency through a Green Card within 1-2 weeks of arrival. As far as visas go, this is a major advantage of moving to the US! However, this is not available if you have been married for less than 2 years. In this case, you will receive a conditional Green Card for 2 years. You will need to make a further application after that in order to obtain your permanent residency. The standard path to US citizenship is 5 years as a Green Card holder – which is similar to the UK system. ?

Nuts and bolts

Your partner will need to submit an online application form for a UK visa. Many of the questions are straightforward, but there are some banana skins so they will need to watch out! They can also submit their documents online, before attending an appointment to give their biometrics. They may well be able to do all this in the UK if they are here on another visa. This will not generally be possible if they are here as a tourist, but they can at least prepare their visa application here before returning to the US to submit their application, to minimise the time that you need to spend apart from each other. It often takes around 3 months to receive a decision on these UK visa applications – though it is sometimes possible to speed up the process.

If you decide to move to the US, you can submit your US family visa application through paper or online channels, via the US Citizenship and Immigration Services. After you submit your application, the US authorities may send you a Request for Further Evidence, providing you with an opportunity to clarify or strengthen your application. You will need to submit your application in the country where your partner is living. However, you may have to wait for a staggering 2 years for a decision on your US visa application, depending on where you submit your application. Clearly, you need to plan ahead.

Expert support

It should be clear to you that whether you stay here in the UK or move to the US, you and your partner will face a complex, nuanced family visa system, with very specific requirements and potential pitfalls. Successful navigation of either system requires extensive preparation, comprehensive documentation and expert guidance tailored to your individual circumstances.

We are adept at dealing with complex UK family visa matters and we have helped many British-American couples in the past. We also know great US immigration attorneys, such as Carolina T. Curbelo who we would like to thank for her help with this article. Either way, we can help you to obtain the expert support that you need.