Q&A: Your Immigration Questions Answered

“Is it risky to adjust status on a tourist visa?”
Yes, it’s extremely risky and can lead to severe consequences like needing waivers for misrepresentation. It’s not a path Attorney Megan recommends.

“I’ve been waiting 4 years and 4 months. What can I expect now?”
Backlogs from COVID and other delays have made long waits common. If you’ve received your approval, that’s a big milestone. Keep monitoring your case for the next steps.

“I’m a U.S. citizen, married in Honduras in 2023, waiting on the I-130.”
That’s the correct starting point. Hopefully, you’ll have a decision soon. Processing times vary, so patience is key.

“I’ve waited 5 months for my work permit with no updates. What should I do?”
Work permits are averaging around 6 months, and adjustment interviews about 12 months. You’re getting close—stay in contact with USCIS.

“I filed my I-130 a year ago. What now?”
You’re on the right track. Check out Immigration for Couples’ resource center for a detailed overview of what comes next.

“My spouse has a pardoned charge. Does it still need to be disclosed?”
Yes, all criminal history must be disclosed, even if expunged or pardoned. Provide certified records and case dispositions.

“Planning to marry a Nigerian man. What should I do first?”
Start by exploring the free resources and webinars available to understand the marriage-based immigration process.

“My fiancé was pre-approved at his interview but we submitted extra docs on June 5 and still no decision.”
It can take weeks to months. Follow up with the embassy if it’s been over 60 days since you submitted the documents.

“I submitted an I-130 with evidence but no joint financials. Is that enough?”
It sounds like you submitted strong documentation. If you’re anxious, consider speaking with an attorney for peace of mind and prep for the next steps.

“I haven’t started the application yet. My family doesn’t support me.”
That’s tough. This community is here to support you. Weekly chats and resources can help you feel less alone.

“We want to marry in Bali. What documents do we need?”
Check Bali’s marriage laws and also ensure the marriage meets U.S. immigration standards. The Utah virtual marriage option is also worth exploring.

“My I-129F was updated, submitted all documents, and it’s been 8 months.”
Eight months is right at the current average. A decision could come soon.

“When should I follow up with NVC? Last update was May 29.”
If everything’s submitted but no word, use the NVC inquiry portal to request an update.

“Should we apply for a K-1 or spouse visa?”
Fiancé visas are typically faster. Spouse visas are better if you need to work or travel soon after arrival. Talk to an attorney before doing a marriage ceremony to ensure compliance.

“My partner doesn’t meet income requirements. Should we wait?”
There are alternatives like using assets or a joint sponsor. The income requirement usually comes later, so you can start now and plan for support later.

“We got a 221(g) at the embassy. Is our case still at NVC?”
No, your case is now at the embassy. Follow up directly with them.

“Is it a problem to adjust status if I was married abroad then here?”
Possibly, depending on your full immigration history. A private consultation is needed to determine eligibility.

“My husband and I can’t get joint bills. Will the baby’s birth certificate be enough?”
Yes, and there are many other types of evidence. An attorney can help you build a strong case without joint financials.

“Is the affidavit of support mandatory?”
Yes, it’s required for marriage and fiancé visas.

“A friend had a B1/B2 visa canceled without prejudice. Will that affect a future spouse visa?”
Not necessarily. It depends on the reason for cancellation. A consultation can help assess potential issues.

“Do you ever advise people not to marry?”
Megan doesn’t tell couples whether to marry, but she does discuss red flags and legal risks. Sometimes couples realize they’re not ready and decide to wait.

“I’m not supported by family and it’s hard to talk to my husband due to poor connections.”
You’re not alone. Consider seeing a therapist to support your mental health. This community is also here for you weekly.

“We married via Utah in 2023 and filed an I-130. What’s next?”
Expect about 17 months for petition approval, then it moves to the National Visa Center and eventually a consulate interview.

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.