Q&A: Your Immigration Questions Answered

Is there anything that can be done while awaiting an embassy interview in the Dominican Republic for 11 months?

The wait time for interviews in the Dominican Republic is currently about 8-12 months. While you may just be waiting, Attorney Pastrana offers services to review your case and identify any potential red flags or steps you may have missed. This ensures that you are fully prepared once your interview is scheduled.

Is it important to have statements and pictures from family and friends when filing for a fiancé visa?

Yes, although immigration gives less weight to photos and letters (since they can be staged), they are still expected to be part of your evidence. It’s recommended to provide a mix of relationship evidence, such as shared financial documents, and include photos and letters as supporting evidence.

How long is the process for a fiancé visa or marriage visa to someone in Pakistan?

For a fiancé visa, the process currently takes around a year. The spouse visa takes about 18 months. However, the decision between the two depends on other factors beyond just time, such as work authorization and travel rights.

What is the wait time for a fiancé visa for clients from Canada?

The wait time for a fiancé visa from Canada is similar to other countries, approximately one year. The spouse visa typically takes about 18 months.

What if you don’t have pictures together after meeting in person for the K-1 visa?

Photos are crucial for proving the in-person meeting requirement for a K-1 visa. If you do not have any, this may raise a red flag, so Attorney Pastrana recommends including as much other evidence as possible, such as receipts from shared trips.

Do you need a passport to submit a fiancé visa application, or can other documents be used?

While having a passport is helpful, in some cases you may still be able to file your petition using other identity documents, such as a birth certificate. Attorney Pastrana suggests filing once you have your passport, but there are alternative options.

How do you get a tourist visa, and will it affect the I-130 petition?

If you’re engaged or married and have filed for a spouse or fiancé visa, applying for a tourist visa could be problematic. Since the tourist visa indicates no intent to stay, it contradicts the immigrant intent of the fiancé or spouse visa, which could lead to denial.

Why did my USCIS case wait time change from 15 months to 5 months after submitting additional information?

This fluctuation is normal in the USCIS system. Case timelines frequently change, but the most reliable estimate is around 12 months for spouse visas and 6-8 months for fiancé visas.

What is the next step when the Department of State sends our file to USCIS?

If your case has been sent back to USCIS after an embassy interview, it’s crucial to act quickly. USCIS will review the case and could issue a notice of intent to deny. Attorney Pastrana strongly advises seeking legal assistance to prepare your response in advance.

Should I apply for a fiancé visa or spouse visa if my boyfriend is in France?

While the fiancé visa is generally faster, the spouse visa has benefits, such as permanent resident status upon entry. Attorney Pastrana recommends weighing the time factor against other benefits like work authorization.

Can I visit my husband in the U.S. during the spouse visa process?

If you already have a tourist visa or ESTA, you can visit the U.S., but every entry is at the discretion of the immigration officer. The key concern is whether they believe you intend to stay permanently.

How long does it take for a permanent resident to file for their spouse living in Dubai?

For permanent residents petitioning for a spouse, the wait time is significantly longer—up to three years. U.S. citizens, on the other hand, have a much shorter wait time.

Can you travel to the U.S. after marriage with a tourist visa while waiting for your spouse visa?

Yes, if you have a tourist visa or ESTA, but keep in mind that every entry to the U.S. is discretionary, and immigration officers must be convinced you only intend to visit.

What is the processing time for a U.S. citizen filing an I-130 for a spouse?

Currently, the processing time for a U.S. citizen filing for their spouse is about 12 months.

Is it possible to get adjustment of status after marrying in the U.S. when my girlfriend visits on a tourist visa?

No, adjustment of status is not permitted if you entered the U.S. on a tourist visa with the intent to stay. Doing so could be considered fraud, which may lead to severe immigration consequences.

What should I do if my old passport is expired, and can I submit a fiancé visa without it?

If your passport is expired, you may still be able to file using other identity documents, but it’s recommended to get a new passport as soon as possible.

What is the processing time for an I-130 if a U.S. citizen is filing for their spouse?

For U.S. citizens filing an I-130 for their spouse, the current processing time is around 12 months.

What else should I know if I overstayed a visa, got married, and now want to adjust my status?

Several factors need to be evaluated, including the type of visa you overstayed and your entry circumstances. Attorney Pastrana recommends seeking legal advice to ensure your eligibility for adjustment of status.

Join Us for Weekly Live Immigration Chats

Have more questions about the U.S. immigration process for couples? Join Attorney Megan Pastrana and the team every Tuesday at 11 AM EST for our Weekly Live Immigration Attorney Chats. You can ask your questions live on YouTube, Facebook, Instagram, and LinkedIn, and get personalized guidance for your case.

If you have any questions or concerns, we’re committed to supporting you every step of the way, helping you navigate the complexities of the immigration journey with confidence. If you find yourself overwhelmed or uncertain about the next steps, reach out for personalized advice tailored to your unique situation. And don’t hesitate to visit our resource center for more detailed guides to use on your journey through this process.