Q&A: Your Immigration Questions Answered

“Is it safe to fly domestically with a pending green card application?”
It depends. If you have no current valid visa status (e.g., overstayed a tourist or ESTA visa), domestic air travel can be risky. TSA can alert immigration authorities, and some applicants have been detained. Always consult with an attorney about your specific history before traveling.

“What questions should I prepare for in my spouse or fiancé visa interview?”
Most questions will be based on your submitted applications and relationship history. Be sure to review your petitions (I-129F or I-130), DS-160/DS-260, and all submitted evidence. Expect questions about how and when you met, engagement, prior marriages, and more. Be prepared and answer confidently.

“Will the visa integrity fee affect the K-1 visa?”
It’s uncertain. The policy is still in proposal stages. Since the K-1 is technically a non-immigrant visa that transitions to immigrant status, it may be affected. Stay tuned for updates from USCIS.

“We withdrew an I-130 and refiled. Will that hurt our case?”
Yes, it raises a red flag. Immigration will want to know why you withdrew and what has changed. Be prepared to prove you’re in a bona fide relationship and explain the withdrawal honestly at your interview.

“Can I use my house equity as financial sponsorship for the I-130?”
Yes, but it’s complex. You’ll need an appraisal and documentation proving ownership and equity. This option often results in back-and-forth with USCIS, so having an attorney prepare a legal brief is recommended.

“Why are we still waiting after submitting post-interview documents in Kenya?”
Delays are common. If you haven’t already, follow up with the Nairobi consulate. If responses are lacking, contact your congressional representative to help liaise with the consulate.

“We applied for a spouse visa in May 2024 from Pakistan. Is a decision close?”
Yes, if it’s been over 14 months, a decision may be near. Keep checking online case status and remain hopeful.

“What’s the difference between choosing a fiancé vs. spouse visa?”
Fiancé visas are typically faster and may work better for children under 21. Spouse visas take longer but allow immediate work authorization after entry. The best choice depends on your goals and immigration history.

“Should I file my case myself or use an immigration attorney?”
Consider your time, expertise, and risk tolerance. Attorneys help you avoid common mistakes and offer peace of mind. Immigration law is complex, and expert help can make the process smoother and more efficient.

“How long does it take to prepare a fiancé visa application for filing?”
It typically takes a few weeks once all documents are received. The quicker you provide your materials, the sooner your attorney can file.

“My friend’s 5-year ban ends in September 2025. What comes first, waiver or I-130?”
Typically, you start by filing the I-130. The waiver process usually comes after a denial at the interview. Waivers can be complex and should always be handled with an immigration attorney.

“Should I keep photos and documentation from our current visit?”
Yes. Continue collecting relationship evidence to use at future stages like the National Visa Center and interview. Keep everything organized and updated.

“Any hope for K-1 visa exemptions from the travel ban?”
There’s hope, but nothing concrete yet. Continue contacting your congressional representatives to advocate for policy change. Legal options like switching to a spouse visa or litigation may exist.

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.