Q&A: Your Immigration Questions Answered

“My fiancé has a K-1 pending. Can he apply for a tourist visa to visit me in the meantime?”
It’s extremely unlikely to be approved. A pending K-1 shows immigrant intent, while a tourist visa requires non-immigrant intent. Applying for both could raise fraud concerns. Best to avoid.

“I’m a naturalized U.S. citizen with a prior fiancé visa marriage. Can I now petition for my new spouse?”
Yes, but prior marriages and immigration cases are red flags. Officers will ask more questions and want more evidence. It’s possible, just expect scrutiny.

“We’re a same-sex couple planning to marry in October. With political uncertainty, should we marry sooner?”
Yes. Having a legally binding marriage now gives peace of mind and protection if laws change. Typically, changes apply only going forward (“grandfathering”), so earlier action is safer.

“We’re at NVC stage in Colombia. Is there a big embassy delay?”
Not unusually long—just a few months. Use the new NVC scheduling tool (linked in a short video) for updates.

“Can we prove U.S. domicile from Mexico, or do we need to move back first?”
You must prove domicile at the NVC stage and interview. Evidence includes U.S. taxes, bank accounts, property, or a U.S. driver’s license. You don’t have to move back first, but proof is required.

“Is a bond available for an undocumented spouse with no criminal history?”
Yes, bond is still possible if detained, but it’s harder under current policies. Judges weigh factors like prior history and deportation orders.

“After an interview RFE, is it better to upload documents or mail them?”
Depends. Uploading often leads to quicker responses. But for large submissions or items like a new medical exam, mailing may be required.

“My husband renewed his passport. Should I update USCIS with the new expiration date?”
Only update at the next stage (e.g., interview). Officers will review the new passport at that time.

“We just got I-130 approval. Is the interview normal? We’re nervous.”
Yes, interviews are standard in spouse and fiancé visa cases. Be well-prepared with evidence. Attorneys often do mock interviews to help.

“If my adjustment of status based on my U.S. citizen son is denied, can I appeal? I overstayed ESTA.”
ESTA is risky—overstayers waive rights to an immigration judge. If denied, options are very limited and depend on the reason for denial. Work with an attorney.

“I lost my NOA1 (receipt notice). The check was cashed. What can I do?”
Call USCIS to speak with a live agent. Use their “didn’t receive a document” tool, or mail proof (like the cleared check) requesting the receipt. It’s tricky without a receipt number, but follow up.

“Will my children be interviewed at our consular appointment?”
Usually not if they are under 14. Some posts require them just for biometrics. Always check with your specific consulate.

“How long is the I-130 taking?”
Currently about 17–18 months for approval, plus around a year for the consular interview (for example, Lagos, Nigeria).

“We had a K-1 but left the U.S. before adjustment. Now what?”
If you abandoned adjustment, you’ll likely need to start over with a spouse visa since you’re already married.

“What if we filed a fiancé visa and then changed our minds?”
It happens. Notify USCIS to withdraw.

“Our adjustment case timeline keeps bouncing between 7–12 months. Why?”
Online estimates fluctuate. Most marriage-based green cards take around 12 months. Some get done faster, but patience is key—it will happen.

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.