Q&A: Your Immigration Questions Answered

“Will my American son’s plan to obtain Brazilian citizenship while we wait for my daughter‑in‑law’s IR‑1 at NVC hurt her case?”
Living abroad is fine, but the U.S. petitioner must still prove U.S. domicile (tax returns, property ties, future job offers) and meet the I‑864 income rules. Dual citizenship itself won’t sink the case, it just adds paperwork.

“What exactly happens at the green‑card medical exam, and will my rheumatoid arthritis be a problem?”
The exam checks vaccines, communicable diseases, mental‑health and substance‑abuse issues. Chronic conditions like rheumatoid arthritis must be disclosed but rarely bar approval; just be ready to show you’ll have health insurance for ongoing treatment in the U.S.

“How long is the fiancé‑visa process taking right now?”
Current snapshot: 8–10 months for the I‑129F, ~60 days for NVC number assignment, then 12–18 months (varies by embassy) to land the interview and receive the visa—longer at high‑volume posts such as Lagos or Kigali, shorter in London.

“Our K‑1 was filed in June 2024 for the Philippines. NVC sent the electronic record in January, but the embassy is still waiting on the paper file. How long until we hear something?”
Manila often takes several months to log the physical file. A multiple‑month gap before you get the interview notice is normal; keep watching email (and spam) and feel free to nudge NVC or the embassy.

“Do we need a formal proposal to qualify for a K‑1, or is evidence of intent to marry enough?”
USCIS wants proof you’re legally free to marry and genuinely intend to wed within 90 days of entry. A flashy proposal isn’t required; solid relationship evidence and written statements of intent do the job.

“I’m on a STEM OPT EAD and a derivative on a pending adjustment. If I marry a U.S. citizen, can we file a new green‑card case?”
Possibly—but strategy depends on your full immigration history. Get individualized legal advice before opening a second adjustment.

“Our I‑130 (filed after marrying in Italy) keeps saying the case is taking longer than expected. Is something wrong?”
Probably not. USCIS’s portal estimates swing wildly; marriage‑based I‑130s are simply backlogged, so fluctuating timelines are common.

“Any updates on marriage‑based green‑card wait times inside the U.S.?”
Most adjustments now exceed 12 months, and USCIS is again interviewing more couples. Plan for at least a year from filing to approval.

“My wife filed our I‑130 in March 2024 from Pakistan and we’ve had zero updates. Normal?”
Yes—current averages hover around 17 months for an I‑130 approval, so you’re only just past the halfway mark.

“USCIS is reportedly using AI to scan social media. Should I delete my accounts?”
Instead of wiping profiles, post mindfully. Public social‑media content has always been reviewable; authentic posts can actually support your bona‑fide‑relationship evidence.

“Do I need an original W‑2 or tax transcript for the immigrant‑visa interview?”
Bring both the latest IRS tax transcript and a copy of the 1040/W‑2. Either satisfies officers, but having both keeps you covered.

“My spouse entered on a K‑1, we married, but her I‑94 expired after 90 days before we could file the I‑485. Do we mark that she violated status—and will it doom the case?”
You must answer truthfully: a late‑filed I‑485 is technically a violation, but in most K‑1 scenarios it can be cured during adjustment. File carefully and consider professional help.

“Which is faster for responding to an RFE—uploading documents online or mailing them?”
Simple RFEs can be uploaded and logged faster; complex ones needing certified originals still require a paper packet. Choose the method that matches the evidence so USCIS can accept it the first time.

“Our documents were accepted in September 2024 and my husband’s CR‑1 interview will be in Sierra Leone. Could we wait years for an interview slot?”
Sierra Leone is a slower post; waits beyond a year (often up to 18 months) are common. Keep monitoring CEAC and stay ready, but patience is key.

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.