Q&A: Your Immigration Questions Answered

“Is there any chance my marriage visa could be denied because my spouse and I have a large age gap?”
An age gap alone is not grounds for denial. However, it is considered a “red flag,” meaning the officer will scrutinize your relationship more closely. Overcome this by providing strong evidence of your genuine bond, such as joint finances, letters from friends/family, travel records, and ongoing communication.

“We got married abroad and my wife is pregnant. Can we file a spouse visa now, and when do we update immigration about the baby?”
Yes, you can typically file a spouse visa (I-130) even while you’re living outside the U.S., provided you maintain U.S. domicile. If you’re a U.S. citizen, your child may derive U.S. citizenship through a Consular Report of Birth Abroad. Exact steps depend on your status, how long you’ve lived in the U.S., and other details about your case.

“I’m not allowed to change my last name locally where I married, but I want to take my spouse’s name in the U.S. How do I do that?”
A valid marriage certificate (even from another country) generally serves as a legal name-change document in the United States. You can typically take that certificate to the Social Security office to change your name. The local process may vary, but in most states, showing the marriage certificate is enough to update your name on government documents.

“How much does it cost to work with your firm, and why do I need a consultation first?”
Fees are determined after evaluating the specifics of your situation. The initial consultation allows the attorney to assess eligibility, see if waivers might be needed, and tailor a plan to your goals. After that in-depth review, the firm provides a customized quote and applies the consultation fee to any further services if you hire them.

“Is it really effective to contact my congressional representative or senator for help with long processing times?”
They can’t force immigration to approve a case, but they can act as a liaison to get more direct updates. It’s worth it if you’re past the posted processing window and basic inquiries aren’t yielding answers. At minimum, it can prompt USCIS to review or provide clearer timelines for your petition.

“I’m in the U.S. and my wife is in Malaysia. How do I bring her here?”
Most likely the spouse visa (CR1/IR1) is the right route, but you must confirm eligibility and gather proof of a bona fide marriage. This process typically involves filing an I-130, completing National Visa Center steps, and attending a consular interview. Current wait times often exceed 18 months, depending on various factors.

“My fiancé has a nightmare tenant situation—can USCIS find out I’m Canadian and does it matter?”
USCIS can discover more than people realize, but they focus on issues related to eligibility (e.g., criminal histories, fraud). A tenant dispute that doesn’t involve criminal charges or deception generally won’t affect a fiancé or spouse visa case. However, it’s still wise to be transparent if asked.

“I’m unsure if I overstayed on a tourist visa—how should I answer the adjustment of status form?”
You must answer every question truthfully. Overstaying a tourist visa means remaining in the U.S. beyond the date on your I-94 record. If you’re uncertain how to respond, consult an immigration attorney before filing to avoid misrepresentations that can jeopardize your case.

“I previously filed an immigration case for one spouse but withdrew it, and now I’m remarried. Does this hurt my new petition?”
Having a withdrawn petition can be a “red flag” because USCIS will scrutinize why the earlier filing didn’t proceed. It doesn’t automatically bar a new marriage petition, but you should include strong evidence this relationship is authentic and address why the prior case was withdrawn.

“I’ve been waiting on my I-130 forever. Is the consular interview mandatory, and can my spouse travel right after getting the green card?”
Yes, a consular interview is mandatory for spouse visas abroad—there’s no way to skip it. Once your spouse enters the U.S. on an approved spouse visa, they typically receive a temporary I-551 stamp in their passport. Travel is usually allowed, but ensure no complicating factors (like prior removal or criminal history) would make re-entry risky.

“I heard about cases being ‘frozen’ or stuck in administrative processing. Is that a real thing?”
Administrative processing happens if USCIS or the consulate needs extra background checks or documents. It’s not an indefinite freeze—often it just means verifying information, which can take weeks or months. There’s no mass “freezing” of all cases; be cautious about rumors and speak with an attorney if you’re concerned your case is stalled.

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.