January 28, 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:

  • The COVID-19 vaccine is no longer required for green card applicants.
  • Proving your relationship (photos, texts, joint finances) is about quality over quantity.
  • K1 (fiancé) visa holders must marry within 90 days and typically file Adjustment of Status soon after.
  • An I-130 (spouse petition) can be filed even if the U.S. citizen is abroad, but U.S. domicile is still required.

 

 

Q&A: Your Immigration Questions Answered

“Are photos of our wedding with my face covered acceptable as relationship evidence?”
Yes. If wearing a face covering is part of your cultural practice, those photos are still valid evidence. Immigration recognizes all sorts of wedding traditions; just include other evidence (messages, finances, travel, letters) showing an ongoing relationship.

“How many text messages should we include, and do they need to span our entire relationship?”
USCIS doesn’t require a set number. Focus on quality over quantity, and show messages over time. Combine texts with other proof (photos, joint bank accounts, letters from family/friends) to demonstrate a genuine relationship.

“I entered on a K1 visa, but want to go abroad before the green card is approved. Can I adjust status from outside the U.S.?”
No. Adjustment of Status (AOS) is processed entirely within the U.S. If you leave the country after filing without a valid travel permit, you risk abandoning your application. Speak with an attorney if you need to travel abroad.

“My K1 fiancé and I just got married. How soon must we file the Green Card application?”
You have 90 days to marry. Ideally, file the AOS (and optional work/travel permits) within those same 90 days to maintain lawful status, avoid gaps, and enable work or travel while waiting for the green card.

“If I apply for a work permit with AOS, will it speed up my green card?”
No. It doesn’t affect green card wait times, but a work permit can arrive sooner (often in 4–6 months), letting you work while awaiting your marriage-based green card (which typically takes about a year).

“Does an ITIN (Tax ID) affect my immigration status?”
No. An ITIN is for tax purposes only. It does not grant legal status or affect immigration applications.

“I’m traveling back and forth on a visitor visa while my fiancé/spouse petition is pending. Could this be a red flag?”
Frequent or long trips can raise questions about your true intent (tourist vs. permanent move). Bring evidence of your ties abroad (job, return ticket) to show you intend a temporary visit. Officers at the border have discretion to admit or deny.

“With the new administration, will stricter scrutiny apply, especially for countries flagged as high fraud?”
Yes. Past measures suggest more thorough vetting and longer processing. Expect increased scrutiny for petitions from certain countries. Mitigate issues by submitting a robust application with strong evidence of a genuine marriage.

“What should I send the National Visa Center (NVC)?”
Requirements vary by case and country (e.g., divorce decrees, birth certificates, police clearances). Consult NVC guidelines, local embassy specifics, and ensure you submit the right civil documents, financial records, and relationship evidence.

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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