Q&A: Your Immigration Questions Answered

“If my fiancé comes on a tourist visa, can we marry and file Adjustment of Status?”
Non-immigrant visas (e.g., tourist, ESTA) require no intent to live in the U.S. Entering with the intention to marry and remain can cause denial and potential deportation. Instead, most couples should pursue the fiancé (K1) or spouse (CR1/IR1) visa.

“My fiancé arrived in the U.S. on a K1. Should we get a Social Security number right away?”
Yes. After entry on a K1, it can help to apply promptly for a Social Security number, even though it doesn’t grant work authorization. It simplifies tasks like opening joint accounts, updating leases, and gathering financial evidence, but you still need the work permit or green card to be employed.

“We got married on a fiancé visa and want to do Adjustment of Status overseas—can we?”
No. The AOS process must be completed in the U.S. If you need to travel abroad, consult an attorney about Advance Parole (travel permit) so you don’t abandon your application.

“How soon do we file Adjustment of Status after a K1 visa marriage?”
You must marry within 90 days. Although it’s legal to file later, it’s safer to submit the AOS soon after your wedding. Delays can risk falling out of valid status, and applying for an optional work/travel permit can help bridge the waiting period.

“Is a prenuptial agreement harmful to my fiancé or spouse visa case?”
No. Prenups aren’t a negative factor for USCIS. They’re usually not submitted with your visa application. Couples should have separate family-law attorneys review the agreement to ensure fairness and legality.

“What documents does the National Visa Center need for my spouse or fiancé visa?”
Exact requirements vary by country and case. Check the NVC’s specific instructions, including civil documents, police clearances, and financial records. Some countries have extra requirements like specialized birth certificates or name-change documentation.

“I have a two-year conditional green card. Will I lose it if we divorce?”
Not automatically. You must file a separate removal of conditions application, possibly with a divorce waiver. You’ll need to prove the marriage was genuine when entered. An attorney can help if you’re no longer married at the two-year mark.

“The embassy in my country is closed or has canceled interviews. How long will this last?”
Closure durations vary. Some embassies reopen within weeks; others remain shut for months. If prolonged, cases might transfer to a different post. Keep monitoring official embassy announcements or consult an attorney if your case is stuck.

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.