Q&A: Your Immigration Questions Answered

“How do immigrants in the U.S. waiting for interviews affect my spouse’s consular interview abroad?”
U.S.-based cases are typically handled by USCIS or the immigration courts, while consular interviews are under the Department of State. They operate separately, so domestic backlogs usually do not impact embassy scheduling abroad.

“Will cases get slower under the new Administration?”
Yes, wait times may increase. Past administrations introduced policies (e.g., mandatory interviews for certain petitions) that lengthened processing. Future policy changes can also add delays. Staying informed and proactive is essential.

“Does approval of my I-130 mean we won’t be denied at the embassy?”
Not necessarily. The consular officer has the final say. A strong application remains crucial, and it’s wise to prepare thoroughly—bring updated evidence, financial documents, and be ready to answer questions about your relationship.

“My fiancée in the Philippines needs a CENOMAR (Certificate of No Marriage). Should she upload it or bring it to the interview?”
Generally, CENOMAR is brought to the interview with other original documents. However, follow any specific embassy instructions in case you need to upload or submit it earlier.

“My fiancée wants to change her name back to her maiden name after a divorce. Will that affect the fiancé visa?”
A legal name change after divorce is typically memorialized in the divorce decree or a name-change order. She should use her current legal name on the visa application and provide documentation showing the name change history.

“Can my husband’s cousin be a joint sponsor if my husband doesn’t meet financial requirements?”
Yes, any U.S. citizen or lawful permanent resident who meets income guidelines can act as a joint sponsor, including cousins or friends.

“I entered the U.S. on a CR1 spouse visa and haven’t received my green card yet. Can I travel home?”
Your CR1 visa plus the I-551 stamp in your passport counts as temporary proof of permanent residence for up to one year. As long as you have that visa and stamp, you can usually travel abroad before the physical green card arrives.

“Can we schedule the medical exam or interview before the embassy sends instructions?”
No. Embassies and consulates typically require a scheduled interview date before the medical exam. Wait for official instructions to avoid wasted time and fees.

“Can I file an I-130 from abroad?”
Yes. Petitions are usually filed with USCIS in the U.S. by mail or online. Living abroad doesn’t prevent filing, but you must still show U.S. domicile unless you qualify for a direct consular filing at certain embassies under specific exceptions.

“If the removal of conditions (I-751) takes longer than the extension letter, what do I do?”
You can request an Infopass appointment for a passport stamp. USCIS has also extended some letters to four years. If that expires and your case is still pending, you can renew the stamp or they may issue another extension.

“Do I need photos from every visit to my fiancé’s country?”
Quality over quantity is key. Photos that show different visits, events, and ongoing contact are helpful in demonstrating a genuine relationship.

“We’ve known each other since childhood. Do we need old photos for the embassy?”
They’re not strictly required, but any evidence showing a long-standing bond can support your case. It’s helpful to include a range of photos across different time periods if you have them.

“Is there a criminal history bar for a joint sponsor?”
Certain crimes can prevent a U.S. citizen or resident from filing petitions (Adam Walsh Act), but typical felonies generally don’t prevent someone from being a joint sponsor unless they fall under specific disqualifying categories.

“We’ve been married 12 years but can’t find a lawyer to help my spouse. Is there an option?”
There could be a solution. Every case is unique, and some may need waivers. Scheduling a consultation with an experienced attorney is the best way to explore any viable path or alternative options.

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.