February 4, 2025

Navigating the U.S. immigration process can be a long and complex journey, especially for couples who are building their lives across borders. Every week, Attorney Megan Pastrana hosts a Weekly Live Immigration Attorney Chat, where she answers real-time questions from couples just like you. Whether you’re in the early stages of filing or waiting for your interview, this live session is designed to provide helpful guidance to make your process smoother.

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:

  • Spouse visas in 2025 can take around 15 months for petition approval plus NVC and interview steps.
  • Fiancé visas in 2025 average about 8 months for the petition, plus NVC transfer and consular interview.
  • Adjustment of status in 2025 often takes around 12 months for the green card decision, with work/travel permits taking 6–8 months.
  • Domicile in the U.S. is required for spouse visa petitioners but does not require physically being in the U.S. at filing.

 

 

Q&A: Your Immigration Questions Answered

“Where can I find a pro bono immigration lawyer if I can’t afford one?”
Search for local nonprofit or not-for-profit organizations (e.g., Catholic Charities) that provide free or low-cost services under licensed attorneys. Verify they’re accredited and avoid “notario” scams offering unlicensed assistance.

“What are the spouse visa wait times in 2025?”
Expect about 15 months for USCIS to approve the I-130 petition, then around 1 month for National Visa Center review, and an additional wait of up to a year for the consular interview (varies by country). The total timeframe can be 18–24 months on average.

“What are the fiancé (K1) visa wait times in 2025?”
USCIS generally takes about 8 months to approve the I-129F petition, and the NVC transfer step can add around 2 months. The consular interview wait depends on the embassy, so total time is typically 12–18 months – sometimes more, sometimes less.

“How long does adjustment of status take in 2025?”
Marriage-based green cards (adjustment of status) usually take around 12 months from filing to green card approval. Work and travel permits (if requested) take about 6–8 months, though some cases are approved faster or slower depending on your local USCIS office.

“Once my fiancée arrives on a K1 visa, how soon must we file the green card application?”
You must marry within 90 days of entry. Although you can legally file the adjustment of status (green card) later, best practice is to submit everything within that 90-day window to maintain valid status and avoid complications.

“Will my marriage-based I-130 speed up if I become a U.S. citizen (instead of a green card holder)?”
Yes. Green card holders petitioning spouses face longer queues. Upgrading to U.S. citizen status usually shortens the total process since you then fall under the “immediate relative” category, which avoids visa quotas.

“My fiancée is Canadian. If we marry in the U.S., can she just stay here indefinitely?”
Unless she has a green card, a Canadian cannot live in the U.S. full-time on a visitor/ESTA entry. You must file the appropriate visa or adjustment of status to remain lawfully in the country after marriage.

“My I-751 removal of conditions file is over 700 pages – is that too big?”
USCIS doesn’t specify a page count. Quality evidence is more important than quantity. Large applications are common if you’re covering finances, shared bills, texts, photos, etc. Just avoid repetitive or irrelevant documents.

“If I entered on a K1 but want to go back to my country before getting my green card, what are the risks?”
Exiting the U.S. during an ongoing adjustment of status can jeopardize your case. You should consult an attorney to see whether withdrawing the application affects future re-entry or tourist visas.

“If my COVID-19 vaccine wasn’t done, is that still required for the green card?”
COVID-19 vaccination is no longer a mandatory vaccination for green card applicants. Standard vaccinations like MMR or tetanus are still required.

“When am I allowed to travel if I just got my marriage-based green card?”
Once the green card is approved, you can generally travel abroad. The I-551 stamp in your passport (or physical green card once received) serves as your re-entry document. Avoid trips longer than 6 months.

“What if the USCIS extension letter for my two-year green card expires before approval?”
You can request an Infopass appointment for a stamp in your passport, or USCIS may issue an updated extension. Removal of conditions can be slow, but you remain in lawful status while it’s pending.

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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