July 1, 2025

Navigating the U.S. immigration process can be challenging, especially for couples who live across borders. Every week, Attorney Megan Pastrana from Immigration for Couples hosts a Weekly Live Immigration Attorney Chat, answering real-time questions and offering guidance to help you feel more confident and informed. Whether you’re just starting your immigration journey or are already waiting for an interview, this live session provides the support you need to take the next steps with clarity.

Main Points from This Week’s Chat

This week’s chat covered a range of topics that many couples navigating the U.S. immigration process face, including:

  • Visa & interview timelines for K-1 fiancés, CR-1 spouses, and NVC-stage cases
  • Affidavit of Support proof: income documents, assets, and when to add a joint sponsor
  • Whether a prenuptial agreement helps—or hurts—your evidence packet
  • Travel bans, tourist-visa hurdles, and alternatives if a K-1 looks risky
  • Post-approval logistics: missing green cards and criminal-record travel concerns

 

 

Q&A: Your Immigration Questions Answered

“I just sent all my documents to the NVC for a Bogotá case two weeks ago. How long until an interview?”
Once you’re marked “documentarily qualified,” couples for Colombia are typically scheduled within a few months.

“Our Form I‑129F was approved in 7½ months. How long before my Montreal interview?”
Allow about four months for transfer to the consulate and another two–three months for the appointment—roughly six months total from petition approval.

“It’s been four months since we filed adjustment of status; no RFE, no work permit yet. Anything to do?”
Most AOS cases still run close to a year. Biometrics completed is good; EADs are averaging about six months. Waiting—though hard—is normal at this stage.

“For a Vietnam K‑1: can I print my own bank statements, how many months, and can home equity count as an asset?”
Yes—submit 12 consecutive months of bank statements. Home equity is fine; use appraised value minus any mortgage. Remember assets must equal at least 3× the income shortfall.

“Should we include our 22‑page prenup as relationship evidence?”
No. Officers may misinterpret it. Stick to joint finances, photos, trips, and other stronger proof of a bona fide relationship.

“My fiancée’s K‑1 interview is in two weeks. Should we skip it, marry and file a CR‑1, or be ready to sue if denied—which is fastest?”
All three are viable. Each carries trade‑offs (potential delay, cost, litigation risk). Talk with counsel before canceling; nothing in immigration is truly “fast.”

“Are K‑1 visas even getting approved right now with all the bans?”
Yes—fiancé visas are still viable, but couples from full‑suspension countries should weigh the CR‑1 route.

“Do we have to send every passport page or just ID pages with a K‑1 packet, and can we file online?”
Paper only. Include pages that show travel together; whole passport isn’t always needed unless stamps are key evidence.

“Is using a joint sponsor on a K‑1 a red flag?”
No. The petitioner must still file an I‑134, but adding a qualified joint sponsor is common and acceptable when income falls short.

“My fiancée passed her interview June 30 and was told to collect her visa July 8. Could it come sooner—or be delayed?”
Processing glitches can cause delays, but embassies rarely release passports earlier than the date they give.

“Our case shows the NVC interview estimator at March 2024 for immediate relatives and mine is April 2024—good sign?”
Yes. When the tool’s date is just one month before your DQ date, you’re getting close; keep monitoring, as it doesn’t always update monthly.

“Should we start prepping interview docs (again) and re‑submit the DS‑260?”
You already filed the DS‑260 to become DQ. Go ahead and assemble the interview packet now, then refresh documents once the date is set.

“I’m in India; my U.S. spouse and I only want to visit for a reception. Can he simply get a tourist visa?”
B‑2 approvals are tough when you’re married to a U.S. citizen—the consulate presumes immigrant intent. Total honesty is required, but most are denied and told to file a CR‑1.

“My fiancée isn’t working; can her dad be our joint sponsor?”
Yes. Any U.S. citizen or LPR relative or friend who meets the guidelines can co‑sponsor, though the petitioner must still submit financial forms.

“USPS returned my wife’s green card to USCIS. How do we get it re‑mailed?”
Call USCIS or use the online chat and the ‘Did Not Receive Document’ tool immediately; confirm your address in your online account.

“Will the current travel bans affect my fiancé in Nigeria? He’s waiting on an interview date.”
Nigeria isn’t on the full‑suspension list, so the bans shouldn’t block his interview—sounds like you’re simply in the scheduling queue.

“Can we apostille documents in one state if they were issued in different states?”
Usually you don’t need apostilles for USCIS, but if a consulate asks for them, check each state’s Secretary of State—cross‑state apostilles are sometimes allowed.

“Does an abandoned prior case hurt our new filing?”
It can raise red flags, but isn’t an automatic denial. Disclose it and be ready with a clear, truthful explanation.

“On the I‑485, do we answer ‘Yes’ to having applied for an immigrant visa if we once filed DS‑260 as DV dependents?”
Accuracy matters. Generally you must say ‘Yes’ to any past immigrant‑visa filing, but consult an attorney who can review your full history.

“I’m a green‑card holder with a 2023 ‘careless driving’ conviction in Minnesota. Could I be deported or blocked from re‑entry?”
Consequences depend on the exact statute and final disposition. Discuss the criminal record with an attorney before international travel.

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.

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