Q&A: Your Immigration Questions Answered

“Is the spouse visa easier to get approved than the fiancé (K1) visa?”
Historically, spouse visas show slightly higher approval rates. The fiancé visa has additional requirements (e.g., evidence of meeting in person within two years, intent to marry within 90 days). However, a K1 visa can be faster for reuniting. The best choice depends on personal factors like timelines, traveling for a wedding, and whether there are children over 18 involved.

“How do I add my name to joint bills and a lease if I don’t have a Social Security number yet?”
Not all companies allow adding someone without an SSN. Seek alternative forms of evidence (letters from family/friends, proof of co-residence, affidavits) to show you live together. Once you have a work permit or green card, you can obtain an SSN.

“Is it possible to get married on a tourist/ESTA and then file Adjustment of Status?”
No. Tourist/ESTA entries require non-immigrant intent. Entering with the plan to marry and stay can lead to denial or deportation. Couples usually must file for a fiancé or spouse visa instead.

“How soon should we file for Adjustment of Status after the K1 fiancé arrives?”
K1 holders must marry within 90 days. Although you can file the green card application later, it’s safest to apply soon after the wedding to avoid status gaps. You can also request optional work and travel permits.

“If my I-130 petition is taking too long, should I upgrade my status from green card holder to U.S. citizen?”
Often, yes. Upgrading to U.S. citizenship can shorten your spouse or child’s immigration wait since immediate relatives of U.S. citizens aren’t subject to annual visa quotas. Becoming a citizen also brings other benefits, like voting and additional job opportunities.

“I’m using assets instead of income for the Affidavit of Support. Is that enough, or should I get a joint sponsor?”
USCIS accepts assets (e.g., bank statements, real estate) worth at least three times the shortfall. However, some consular officers are tougher on using immigrant beneficiary assets and may still want a joint sponsor. Providing both (if possible) can strengthen your case.

“My spouse’s embassy interview is scheduled, but we’re waiting on extra medical tests. Can we speed it up?”
Unfortunately, not usually. If the medical clinic requires additional tests, you must wait for final medical exam clearance. Gather any medical records from your regular doctor to show the clinic and the consular officer you’re cleared.

“The embassy in Morocco/other high-volume country has long waits. Any way to expedite?”
Unless you have a serious humanitarian or urgent reason, scheduling is first-come, first-served. Keep checking for open appointments, gather documents early, and contact the embassy if you have extreme hardships.

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.