Q&A: Your Immigration Questions Answered

“What advice do you have for a legal permanent resident who is hesitant to carry her green card every day?”
Legally, LPRs are required to keep the physical card with them. If that feels too risky, at minimum keep a clear photo or copy on your phone and store backup copies in a safe place. Remember you’ll mainly need the card for travel and new employment.

“My husband had his second immigrant-visa interview almost two months ago and the embassy still has his passport. How can we get an update, especially with my mother in the hospital?”
Use the consulate’s online visa navigator tool or web-form inquiry, and ask your U.S. senator or House representative for case-assistance liaison support. While they can’t influence the decision, they can usually obtain a status check.

“We filed our K-1 petition for my fiancée in Kenya last December and only have the receipt notice. How long is Step 1 taking, and is there anything to do while we wait?”
First-stage K-1 petitions are averaging about eight months. The best use of wait time is gathering fresh relationship evidence for later stages; there’s little else to expedite this part.

“It’s been four months since biometrics and my work-permit case (filed with AOS) still shows ‘pending.’ The USCIS page says three months—what can I do?”
Online estimates are just that; many EADs are taking four-to-six months. Outside-normal-processing e-tools will likely say you’re still ‘on time.’ Patience or a congressional inquiry are the only real options.

“Which surname should we list on the I-130 for my wife? We married in California, but her Philippine documents still show her maiden name.”
A U.S. marriage certificate is a valid legal name-change document, so you may list her married surname on the I-130. Some consulates still insist a foreign passport match, but most will print the green card in the married name even if the home-country passport remains unchanged.

“Starting an I-130 that will need an I-601A waiver feels risky. Could we be deported before it finishes? Is ‘lying low’ safer?”
Doing nothing also carries daily deportation risk. Filing puts you on a path toward status and often provides stronger defenses if removal is ever initiated. An experienced attorney can frame the waiver case strategically and, in many instances, stop or pause proceedings if they arise.

“On a CR-1, should we use my spouse’s new married name or her maiden name throughout the forms?”
You may elect the new married name anywhere the form asks for ‘current legal name,’ using the marriage certificate as proof. If local law or a consulate balks, the name can still be changed later after U.S. entry or naturalization.

“Could today’s U.S. immigration ‘issues’ derail or drastically delay spouse visas?”
Backlogs have crept up for years and likely will lengthen, especially with every marriage-based case now pulled in for interviews. Still, petitions, NVC reviews, and consular approvals continue daily; expect more hoops and patience, not a shutdown of the category.

“For our K-1, where do we send the affidavit of support (and do we need full passport copies) once the petition is approved?”
The financial form at the visa stage is the I-134. Your U.S. petitioner prepares it (with tax returns, W-2s, etc.) and sends those originals straight to you to hand-carry to the embassy interview—no passport copy of the U.S. sponsor is required unless specifically requested.

“I’m an Iranian K-1 applicant. My interview is next month, but the travel ban means denial is likely. Should I bother attending? Any AILA solutions?”
Yes—attend the interview and arrive armed with a prepared waiver packet. Practitioners are filing waivers pre-interview and, when denied, moving quickly to federal court litigation. Consult a travel-ban-savvy attorney now to map the steps.

“Our I-129F status suddenly shows ‘at embassy’ but we never got a welcome e-mail or case number. What should we do?”
Email the National Visa Center to request the case number and confirm the transfer. I-129Fs don’t get true ‘welcome letters,’ so monitor your inbox (and spam folders) for direct instructions from the embassy.

“I keep hearing that more applications are being denied under the current administration. Is that what you’re seeing?”
Across family cases, outright denials haven’t spiked, but RFEs have, and K-1 petitions from travel-ban countries face steep refusal rates. Expect tougher scrutiny, not automatic denials.

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.