Q&A: Your Immigration Questions Answered
“Is there anything else we can do while my husband’s visa is stuck at the embassy?”
You’ve already done the right first step—e‑mailing the consulate. Beyond that, give the post up to six months before escalating. If the delay drags on, your next option is to ask your U.S. House representative or one of your senators to liaise with the consulate, but know this does not guarantee a quicker or favorable decision.
“I found state‑by‑state adjustment‑of‑status timelines on the USCIS site—can I trust them?”
They’re only rough estimates. Adjustment cases are lumped together across family, employment, and humanitarian categories, so the posted times can be wildly off. Use them as a starting point, not a promise.
“My Ukrainian friend has visited on a tourist visa and is here again. Can we marry in the U.S.?”
Marriage itself is possible if the relationship is genuine, but filing for adjustment of status after entry on a tourist visa raises intent issues. Talk to an attorney first and also consider the K‑1 fiancé visa before tying the knot.
“Fiancé‑visa approvals look painfully low right now. How do I stay sane?”
Keep researching, but don’t let fear dominate your outlook. Focus on your relationship and visualize the approval you want—mindset matters during long waits.
“NVC says our I‑129F reached the embassy but we didn’t get an invoice ID. What now?”
Fiancé visas don’t generate an invoice ID—only a case number. If you have that number, you’re on track.
“I finally got my K‑1 after two years. Could I be denied at the airport? Should I cancel and travel later on ESTA?”
Denials on entry are rare for K‑1 holders unless something material was misrepresented. Using ESTA instead would create serious red flags. Talk to counsel before abandoning your approved visa.
“I have a spouse‑visa interview in Manila and feel overwhelmed. Do you have a document checklist?”
Your interview e‑mail plus the NVC website together form the master checklist. Make sure the hard‑copy packet exactly mirrors what you uploaded to CEAC. Pay special attention to Philippine‑specific docs like your CENOMAR or CEMAR, if applicable.
“We’re Iranian/US and our K‑1 is at the embassy. Will the new travel ban stop us?”
The proclamation carves out exceptions for certain immediate‑relative visas but is silent on K‑1s. Stakeholders expect clarification within 90 days. Keep advocating and stay tuned for guidance.
“We filed a K‑1 in February for my Iranian fiancée in Turkey. How long until we hear anything after the ban?”
Again, the administration must review the policy within 90 days of June 9, so updates could come sooner. Monitor the State Department website for fresh guidance.
“NVC says it never received our approved petition and USCIS can’t provide a copy. What should we do?”
It often takes 60 days or more for USCIS to forward files. Check back monthly. If you truly need the file itself, request it from USCIS via FOIA, but waiting is usually sufficient.
“My NOA2 arrived but my country is fully banned. Should I marry now and convert to a spouse case?”
Hold off until new guidance lands. Switching now could restart the entire process, only to find K‑1s end up exempt after all.
“My U.S. passport expires next May. Do I need to renew before filing the K‑1?”
Probably not. A long‑form U.S. birth certificate plus a passport with at least one year of validity is generally acceptable.
“I stayed three weeks on ESTA. How long should I remain abroad before my next visit?”
There’s no fixed rule, but longer gaps and shorter stays are safer. Aim to spend well under six cumulative months in any rolling 12‑month period to show true tourist intent.
“Do Colombian spouse‑visa interviews take forever?”
Historically Bogotá schedules within a few months once you’re documentarily qualified. Use the new Immigrant‑Visa Interview Scheduling Estimator on the State Department site for real‑time projections.
“I’m a green‑card holder—can I still file an I‑130 for my spouse despite the travel ban?”
Yes. The ban affects visa issuance, not the I‑130 filing stage. Because LPR spouse petitions already take years, the landscape will likely change long before your interview date.
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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