Since US immigration does not recognise ‘common-law’ relationships, there is no specific unmarried partner visa for the USA. This means you cannot apply to come to the US on the basis of a cohabiting, long term relationship with a US citizen, Green Card holder or US visa holder if you are not married. To rely on a family-based spouse visa, you would first need to be married.

As an unmarried partner, regardless of whether you have been in a long-term relationship, to come to the US you will need to qualify and apply for a visa in your own right.

A number of factors should be considered to assess which visa option is suitable for your circumstances. A critical question is what you intend to do once in the US; are you traveling to the US to visit your partner temporarily, or to live, work or study on a longer term, or even permanent, basis?

 

Is there an Unmarried Partner Visa for the US?

 

Unlike many other countries, the US does not offer a specific “unmarried partner visa”. US immigration law strongly favors married couples when it comes to visa sponsorship. If you’re in a committed relationship with a US citizen or permanent resident but not legally married, your US immigration options are more limited than if you were married, which means you need to explore alternative pathways.

For some, this could mean applying for a fiancé(e) visa (K-1) and getting married within 90 days of arrival, before proceeding with a Spouse visa application. Those who intend to remain unmarried would typically look at options such as a work visa, student visa or investor visa, depending on individual circumstances. A visitor visa may also suffice, if you have no intentions or plans to stay in the US.

 

Short term visit options

 

If you are a national of a visa waiver country, you may be eligible to travel to the US for up to 90 days to visit your US-based partner. This is a quicker and cheaper process compared to visa applications. To travel visa-free you must first have ESTA authorization.

To apply for visa-free travel you must obtain authorization to enter the US using the Electronic System for Travel Authorization (ESTA). You will need to complete an online pre-registration form on the ESTA website. It is advised by the US Customs and Border Patrol that you do this at least 72 hours before departure.

You will generally be granted authorisation if you are a citizen of one of the listed VWP partner countries and you hold a valid electronic passport with an electronic chip. However, you will not be eligible to travel visa-free under ESTA in the following circumstances:

 

• you have been arrested for certain crimes, even if the arrest did not result in criminal conviction, or you have a criminal record.

• you have been denied entry to or deported from the US, or you have previously overstayed on the VWP.

• you have a serious communicable illness.

 

Other travellers who are citizens of a VWP partner country may also be unable to travel to the US visa-free, depending on current US visa rules.

If your application for visa-free travel is denied, you will instead need to make an application for a B-2 visitor visa. In these circumstances, this is likely to significantly delay your travel plans.

If visa-free travel is not an option, for example you have been denied ESTA, or you are a national of a non-visa country, or you wish to stay for longer than 90 days, you would need to look at the B-2 visitor visa.

The B-2 visitor visa is a nonimmigrant visa for persons traveling to the United States temporarily for the purpose of tourism, pleasure or visiting. This includes the common-law spouse or unmarried partner of a principal visa holder.

If you are aged between 14 to 79 years old you will typically be required to apply for a visa in person through a pre-arranged interview at your local U.S. Embassy or Consulate by appointment only. Applicants under 14 or over 80 may be eligible to apply by courier.

To apply you will need to create an online account, complete form DS-160, pay the application fee and schedule an interview. At your interview, in addition to any category-specific documentation to prove the purpose of your trip, you will be required to bring the following:

 

• a print-out of your appointment confirmation
• a print-out of the confirmation page for form DS-160
• a 5 x 5 cm (2” by 2”) colour photograph taken within the last 6 months
• a passport or other travel document.

 

In the event that you are not applying for a visa at the same time as your partner, you will also be required to furnish a copy of the visa endorsed in your partner’s passport in addition to the documents listed above.

Further, as your application for a B-2 visa is based on your relationship to your common-law spouse or unmarried partner, you will be required to furnish evidence of the relationship, for example, a copy of the joint mortgage, rent agreement or bank account.

You may also need to show that you have sufficient funds available on arrival to support yourself during your stay in the U.S, and the residence abroad to which you intend to return.

If your application is successful, this can take only a few short days to process. If additional processing is required, your application for a B-2 visitor visa could take several weeks, if not months.

The adjudicating officer will determine how long your visa will be valid for. This is generally up to 6 months. It may be possible to apply to extend this for a further 6 months while you are in the US, if you can show exceptional grounds.

Note however that while being granted the B-2 visa will permit you to travel to the US, it does not in itself guarantee you entry into the US. Entry will be determined by border officials at the port of entry. They are permitted to question you about your trip and reason for travel. Travellers visiting a US-based partner should prepare to face scrutiny as to their intentions to leave the US before their visa expires. As such, you should travel with supporting documentation.

 

Visa to get married in the US

 

If you are planning to marry your US fiancé(e) in the United States, you will need a K-1 visa. This is a nonimmigrant visa that allows the fiancé(e) of a US citizen to enter the US for up to 90 days for the purpose of getting married.

As the spouse of a US citizen, you can then apply to adjust your status to that of a lawful permanent resident. In other words, you can apply for a Green Card.

In the event that your wedding does not go ahead within the permitted timeframe, your K-1 visa will automatically expire and cannot be extended, requiring you to leave the United States. Equally, if you decide not to get married, you will be required to leave the country.

 

Spouse visa

 

If you are already married and the foreign spouse of a US citizen, there are two ways to seek permission to come to the United States to set up a new life, namely under an immigrant visa as a qualifying relative of a US Citizen (IR-1 or CR-1), and under a nonimmigrant visa for a spouse (K-3).

Under an IR-1 visa, where IR stands for “Immediate Relative”, this will allow you to immigrate to the US With the CR-1 visa, where CR stands for “Conditional Residency”, this will be given to you if your marriage is less than two years old, and thereafter will remain conditional for two years.

The K-3 visa category is intended to allow temporary permission to travel to the US and stay while the application for a Green Card is processed.

 

Alternative visa options for unmarried partners to come to the US

 

If marriage is not an option, an unmarried partner may be able to move to the United States independently by obtaining a work or student visa. However, these visas are based on employment, education or investment qualifications, not on the relationship itself. For those who are eligible, a work or student visa may allow them to live in the US while maintaining legal status, but they must meet strict eligibility requirements and adhere to visa-specific rules to remain compliant with US immigration laws.

 

Work Visas for Unmarried Partners

 

A work visa may be an option for an unmarried partner who qualifies based on their skills, professional experience, or investment in a business. Several work visa categories may allow the foreign partner to live and work in the US legally.

The H-1B visa is available for specialty occupation workers in fields such as IT, engineering, finance, healthcare, and science. To qualify, the foreign national must have a job offer from a US employer, and the employer must sponsor the visa. The applicant must also hold at least a bachelor’s degree or equivalent work experience in their field. This visa is subject to an annual cap and requires employer sponsorship, making it competitive and time-sensitive.

The O-1 visa is designed for individuals with extraordinary ability in fields such as arts, sciences, education, business, athletics, or media. Applicants must demonstrate significant achievements and provide evidence of national or international recognition. Unlike the H-1B, the O-1 visa does not have an annual cap but requires a US employer or agent to act as a sponsor.

The L-1 visa is available for intracompany transfers, meaning it is reserved for employees of multinational companies who are being relocated to a US branch or subsidiary. To qualify, the applicant must already work for a company with existing operations in the US and must be transferred to a managerial, executive, or specialized knowledge position.

The E-2 investor visa provides an opportunity for individuals from treaty countries who are willing to invest a substantial amount in a US business. The investment must be in an active, revenue-generating business, and the applicant must play a direct role in managing the company. This visa is not available to individuals from countries that do not have an E-2 treaty agreement with the US.

Work visas are not dependent on a romantic relationship, meaning the US partner cannot sponsor their foreign partner under this category. The foreign partner must qualify based on their own professional background, employment opportunity, or business investment. Work visas are also temporary, requiring the applicant to maintain employment to renew their status. If the applicant loses their job or fails to meet visa renewal requirements, they may have to leave the US unless they transition to another visa category.

 

Student Visa (F-1)

 

For unmarried partners who are interested in pursuing higher education in the US, the F-1 student visa may be an alternative option. This visa allows individuals to study at accredited US institutions, including universities, colleges, and vocational schools.

To qualify for an F-1 visa, the applicant must first be accepted into a US school or university and must demonstrate sufficient financial support to cover tuition and living expenses. Unlike work visas, an F-1 visa does not require employer sponsorship, making it a potential option for those looking to establish independent legal residency in the US.

F-1 visa holders are not permitted to work except under specific conditions. Limited on-campus jobs are allowed during the academic year, but most work opportunities require special authorization. After completing their studies, F-1 students may qualify for Optional Practical Training (OPT), which allows them to work in their field of study for up to 12 months (or up to 36 months for STEM graduates). F-1 students must also maintain full-time student status to remain eligible, meaning they cannot drop out or change to part-time status without risking their visa.

 

Need assistance?

 

Under US immigration rules, the routes for unmarried partners are not always clear, but you must to ensure you are applying for the appropriate visa. Timing will be an important factor, as well as your current circumstances and your future plans.

Whichever route you proceed with, remember that any application will see you assessed against the general grounds for admission, taking criminal convictions and immigration history and breaches into consideration.

Given what is at stake for your and your loved one, taking advice will ensure you have considered all options and that the process is followed as required, with complete submissions. Contact us for specialist guidance.

 

Unmarried partner visa FAQs

 

Is there an unmarried partner visa for the US?

The US does not have a specific visa category for unmarried partners. Unlike some other countries, US immigration law favors marriage-based sponsorship.

 

Can I move to the US if my partner is a US citizen or green card holder?

You cannot be directly sponsored as an unmarried partner. You would need to qualify for a visa on your own, such as a work visa, student visa, or investor visa. If marriage is an option, you may be eligible for a fiancé(e) visa.

 

Can I get a fiancé(e) visa if I am not engaged?

The K-1 fiancé(e) visa requires a formal engagement and proof of intent to marry within 90 days of arrival in the US. If you do not plan to marry, this visa is not an option.

 

What visa options exist for unmarried partners?

Unmarried partners may apply for a work visa (such as H-1B or O-1), a student visa (F-1), or an investor visa (E-2) if they meet the eligibility requirements. Some long-term partners may qualify for a humanitarian visa in rare cases.

 

Can I stay in the US on a tourist visa while living with my partner?

A tourist visa (B-2) does not allow long-term residence or work in the US. Attempting to stay indefinitely on a tourist visa may lead to visa denials or future entry bans.

 

Can my US partner sponsor me for a green card if we are not married?

No, green card sponsorship through a partner is only available for spouses. Unmarried partners must find an independent visa pathway to stay in the US.

 

Does the US recognize common-law partnerships for immigration?

US immigration law does not recognize common-law marriages unless they are legally valid in the country or state where they were established.

 

Can same-sex partners qualify for a visa if they cannot marry in their home country?

If marriage is not legally possible in the home country due to discrimination, some same-sex partners may have additional legal options, such as asylum-based petitions.

 

What happens if I overstay my visa while living with my partner?

Overstaying a visa can lead to serious immigration consequences, including bans on reentry and difficulties obtaining future visas or permanent residency.

 

Glossary

 

 

Term	Definition
Unmarried Partner Visa	A commonly used term for visa options that allow unmarried partners to stay in the US, though no specific visa category exists for this purpose.
K-1 Fiancé(e) Visa	A visa for foreign nationals engaged to US citizens, allowing them to enter the US on the condition that they marry within 90 days.
B-2 Tourist Visa	A nonimmigrant visa allowing temporary visits to the US for tourism, family visits, or medical treatment, but not for long-term residence.
Work Visa	A visa category that allows foreign nationals to work in the US legally, including H-1B for skilled workers and O-1 for individuals with extraordinary ability.
Student Visa (F-1)	A visa that allows foreign nationals to study at accredited US institutions and, in some cases, participate in limited work opportunities.
E-2 Investor Visa	A visa for nationals of treaty countries who invest a substantial amount in a US business, sometimes used by entrepreneurs and content creators.
Green Card (Permanent Resident Card)	A document granting lawful permanent residence in the US, allowing holders to live and work indefinitely.
Common-Law Marriage	A legally recognized marriage without a formal ceremony or marriage certificate, valid only in some jurisdictions and not widely recognized by US immigration law.
Humanitarian Visa	A visa granted for urgent humanitarian reasons, sometimes used by individuals facing hardship in their home countries, including some same-sex couples unable to marry.
Overstay	Remaining in the US beyond the authorized period of stay on a visa, which can lead to penalties such as future visa denials or bans on reentry.
Visa Waiver Program (VWP)	A program allowing citizens of certain countries to enter the US for tourism or business without a visa for up to 90 days.
Adjustment of Status (AOS)	The process of applying for permanent residency (a green card) while already present in the US.
Consular Processing	The procedure of applying for a US visa or green card at a US embassy or consulate abroad.
USCIS (US Citizenship and Immigration Services)	The government agency responsible for processing immigration applications, including visas, work permits, and green cards.
Sponsor	A US citizen or permanent resident who petitions for a foreign national to obtain a visa or green card.
Reentry Ban	A penalty imposed on individuals who overstay a visa or violate immigration laws, preventing them from returning to the US for a set period.