Q&A: Your Immigration Questions Answered

“Is it better to renew my ESTA before applying for a fiancé visa so I can still visit my partner?”
Yes, you can renew your ESTA to keep visiting, but be aware that CBP is increasing scrutiny on those with pending visa applications. Honesty about your travel intent is crucial. A denial of ESTA could impact your fiancé visa depending on the reason for denial.

“Can pregnancy speed up the fiancé visa process?”
Not usually. Pregnancy alone isn’t enough for expedited processing unless it involves high-risk circumstances or exceptional medical reasons. Immigration typically requires extraordinary justification to approve an expedite request.

“Do you have updates on K1 visas from banned countries?”
No new updates at this time. Litigation is ongoing in many cases, and each situation is evolving based on court proceedings and policy shifts.

“We married within the 90-day fiancé visa period, but my I-94 is expired. What should I know about filing adjustment of status?”
It’s critical to file the adjustment before your I-94 expires. While overstaying on a fiancé visa has nuances, generally it constitutes a status violation. Consult an attorney for guidance tailored to your case.

“I’m afraid to file an I-130 because I need a waiver and worry about attention from immigration. Should I wait?”
Waiting carries more risk. Filing gives you some protection and puts you in control of your case. Many couples in similar situations have successfully moved forward. Talk with an attorney about your options and risks.

“Can my fiancé, who has a tourist/business visa, change status once here?”
Entering on a tourist visa with the intent to adjust status is considered fraud. This path can lead to serious complications and denials. Always enter with honesty and consult about the best visa route.

“My friend with a criminal record wants to file an I-130. What should he do?”
He must consult an immigration attorney experienced in crimmigration. These cases are complex and require legal analysis of both immigration and criminal laws.

“I got my conditional green card (CR1). What’s next?”
You’ll need to file for removal of conditions in the 90-day window before your card expires. Also, start learning about naturalization if U.S. citizenship is your future goal.

“Is it better to work with a lawyer or do immigration applications myself?”
You’re not required to hire a lawyer, but having one reduces risks, provides peace of mind, and increases success chances—especially if your case has any complications or red flags.

“My cousin is scared to attend her husband’s waiver interview in Ciudad Juarez. Advice?”
Ensure an attorney has reviewed all immigration records before leaving the U.S. This minimizes risks of denial or being stuck abroad.

“I’m just starting the process. My husband has asylum status. I feel overwhelmed.”
That’s totally normal. Take it one step at a time, stay connected to supportive resources, and consider working with a legal team to reduce the stress of the unknown.

“How should we handle questions about my spouse’s prior marriages to immigrants?”
Honesty and preparation are key. Work with your attorney to build a solid application and prepare thoroughly for interview questions, especially if red flags exist.

“Can text messages serve as relationship evidence?”
Yes. Provide a curated sample showing regular, affectionate communication over time. Quality over quantity.

“What happens after biometrics for adjustment of status?”
Next is the green card interview. Timing varies by state, but the average wait is around 12 months.

“What is the wait time for naturalization interviews?”
Currently about 12 months in most areas, though delays can occur.

“What questions should I expect at my marriage green card interview?”
Expect personal relationship questions. Check out Megan’s recent video on green card interview questions for insights.

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.