Q&A: Your Immigration Questions Answered

“Should I apply for my German fiancée as a fiancé or spouse? We plan to move in 3-4 years.”
You’re in a good position with flexibility, and both options (fiancé or spouse visa) are viable. Fiancé visas are typically faster (about 1 year), while spouse visas take longer (around 19-24 months) but offer more benefits upon entry. Your goals and timeline will determine the best path.

“Is it better to marry in the U.S. and adjust status or marry abroad?”
You cannot enter the U.S. on a tourist visa with the intent to marry and stay. If you’re already married, the spouse visa is the correct and lawful route.

“My partner’s visa was approved and transferred for interview scheduling. Can we get married outside the U.S.?”
If you filed a fiancé visa, you must marry inside the U.S. after your partner enters on that visa.

“Should I retake my passport photos for the interview?”
Yes. Passport photos should be less than six months old for interviews. Updated photos are recommended.

“I received NOA2 approval eight months ago. Is my visa almost guaranteed?”
An approved petition is a strong sign, but the visa is not guaranteed until after the consular interview. Continue preparing your documentation and relationship evidence.

“How do I update my I-130 now that I’m a U.S. citizen?”
Contact USCIS with proof of your naturalization and request a category update.

“Had my green card interview 4 weeks ago (Charlotte, NC) and haven’t heard back. What now?”
It’s common for decisions to take a few months. If delays extend, consider contacting USCIS or your congressional representative.

“Can I live in Canada with my partner while we wait for the K-1 or CR-1 visa?”
Yes, many couples choose to live together abroad during the wait. Just ensure you can demonstrate that your long-term home is the U.S. during the application.

“My UK and Ghana police certificates expired. Will they still be accepted?”
Possibly, but it’s safer to provide updated ones. Immigration may still accept expired documents, but updated versions reduce risk.

“Any updates on K-1 visa processing times?”
After temporary speed-ups last year, processing times have stabilized around 8 months for USCIS approval, plus 4 months for transfer and visa issuance.

“Can I use a joint sponsor for financial requirements?”
Yes. If you don’t meet income requirements, a joint sponsor is allowed and often necessary.

“I’m from Zimbabwe and worried about visa suspensions. What should I do?”
Hang in there. Visa suspensions are difficult and unfair. Many couples in similar situations are opting to wait it out or explore legal alternatives.

“I’m from a full-ban country and expect a 212(f) denial. Should I go to my K-1 interview or file for CR-1?”
Both paths are possible. Most couples in your position opt to get married and apply for the spouse visa. You can attend the interview and litigate if denied, or avoid that by starting fresh with a CR-1.

“Can my husband visit me while our spouse visa is pending?”
Yes, if he already holds a tourist visa, but entry is not guaranteed. Each entry is up to the discretion of the border officer.

“We made an error on the I-130 about employer info. Should we fix it?”
Yes. You can send a supplement or wait to correct it in the next stage of the process. It’s best to be proactive.

“Can we change our intended U.S. state of residence after applying?”
Yes. The application only requires your intention at the time of filing. You can update your actual residence later.

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.