April 22, 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:

  • K-1 petition validity vs. NVC’s one-year contact rule
  • What to expect inside (or not inside) the visa “packet”
  • Current timelines for work permits, I-130 approvals, and interview scheduling
  • Viability of K-3 visas and shifts in USCIS interview policy
  • Strategies for medical and humanitarian expedites
  • DIY filings vs. hiring an immigration attorney

 

 

Q&A: Your Immigration Questions Answered

“If we hit the one-year mark from filing our K-1 and still don’t have the visa, do we need to request an extension?”
The one-year “contact” rule applies to spousal cases at NVC, not K-1s. A K-1 petition’s real deadline is the four-month validity printed on the I-129F approval. Because USCIS/NVC delays now exceed four months, best practice is to email the embassy proactively for an extension and again right before the interview.

“My fiancée received only her passport with the visa—should there be a sealed envelope, too?”
Embassies are shifting to fully digital packets. If no physical envelope arrived, Manila likely transmitted the civil/medical docs electronically. You can double-check with the embassy, but it’s usually normal.

“I did biometrics for my work permit in March, but others who filed later were approved. Why the hold-up?”
Timelines vary by personal factors (field office, officer workload, prior history, etc.). EADs are averaging 2–7 months post-filing, while green-card decisions often take a year or more. Your case is still within the normal window.

“What are current I-130 approval times, and is filing a K-3 still worth it?”
I-130s are hovering around 16 months on average. K-3s were meant to be a faster parallel track, but none have been approved in almost a decade; today they rarely outpace the I-130 and add extra steps if approved.

“Are people still getting marriage-based green cards without an interview?”
Some 2024-filed cases squeaked through without interviews, but USCIS is clearly pivoting back to in-person interviews for nearly all family-based filings—including K-1 adjustments—so plan on attending one.

“Can I request an expedited interview because I have a tumor?”
Yes—serious medical hardship can qualify. Expedite requests are rarely granted, so submit one solid, well-documented request (doctor’s letter, treatment timeline) that ties directly to USCIS expedite criteria; repeated weaker attempts tend to be denied automatically.

“What documents do I need to bring to the visa interview?”
It depends on case type, prior marriages, name changes, military service, country-specific extras (e.g., the Philippines requires a CENOMAR), and consulate policy. Start with the NVC/embassy checklist and, ideally, a customized list from your attorney.

“If someone has withholding of removal, can the officer dig into that at the I-130 interview?”
Absolutely. Any past or pending removal-court history is fair game. Have an attorney attend—the stakes are higher and questioning is more detailed.

“Is it worth having my U.S. spouse file for me if I’ll need an I-601A waiver?”
Generally yes—adjusting status or consular processing with a provisional waiver remains the best path to lawful residence. Given today’s enforcement climate, starting sooner rather than later is advisable.

“I’m in Nigeria—what are the next steps for us?”
Exact steps hinge on your relationship status, immigration history, and case type. Begin with the free resource center/webinar to map your options, then book a consultation for tailored advice.

“If my I-751 is pending and I file N-400, will I get a combo interview 100 percent of the time?”
Usually both cases are interviewed together, but USCIS has discretion. Complex histories or new red flags can lead to separate—or rescheduled—interviews and longer waits.

“The NVC said I’d get an interview date within 60 days and I’m halfway through. Should I still hope?”
Yes—believe the timeline unless the 60 days lapse. Either way, waiting is unavoidable, so stay positive and watch for the appointment notice.

“Can we realistically do this entire process ourselves?”
You’re legally allowed to DIY, but weigh your risk tolerance and bandwidth. Missteps can trigger investigations, denials, or years-long detours. Many couples decide expert guidance is worth the time and stress saved.

“Is the COVID-19 shot still mandatory for the green-card medical?”
No. COVID-19 is no longer on the CDC’s required-vaccine list. All other CDC-mandated vaccines still apply, but panel physicians can run titers and administer any missing doses during the medical.

“USCIS approved our K-1 petition and said the next step notice would arrive in 2–4 weeks—what actually happens now?”
After approval, the file goes to NVC for case-number assignment, then to the embassy. That hand-off is taking 3–6 months, depending on the country, before you receive the embassy’s “next-step” email.

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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