Q&A: Your Immigration Questions Answered

“We married overseas and are still abroad because my wife is pregnant. We haven’t filed anything yet. Should we file now, and will new Trump policies or our age gap hurt us?”
Yes—file as soon as you’ve confirmed the correct path and eligibility. Presidents can tweak policy but can’t change the Immigration & Nationality Act itself. Expect longer waits and closer scrutiny, and consider hiring an experienced attorney to mitigate any red‑flag issues such as a large age gap.

“It’s been three months since biometrics for my work permit and four months for my I‑485. Is that normal?”
Work‑permit cards based on AOS usually take 4‑6 months (sometimes 2, occasionally more than 6). I‑485 interviews and decisions vary by field office; a year is typical, and some offices are much faster or slower. No RFE after four months is fine—your next step will likely be the interview.

“I need to withdraw my K‑1 petition. Do I have to wait two years before filing again?”
There’s no blanket two‑year bar after a withdrawal. Keep your withdrawal letter short and factual, then plan any future filing with great care; USCIS will ask why this petition will succeed where the first failed. Multiple prior filings may require a ‘multi‑filer’ waiver, so get tailored legal advice.

“If I apply for a provisional I‑601A waiver, can I stay in the U.S. while it’s pending? Married to a U.S. citizen, 20+ years here, no criminal issues.”
Yes—you must remain in the U.S. until the waiver is approved. After approval you must still depart for the consular interview (usually 2‑4 weeks abroad). Thorough case vetting and preparation keep the risk of getting ‘stuck’ overseas extremely low.

“Our I‑129F is approved (fiancé in Morocco, I’m in Chicago). NVC transfers seem slower—what’s happening?”
Post‑approval, the file goes to the National Visa Center to get a case number, then to the embassy. Lately NVC assignment is taking ~60 days and the embassy transfer another 1‑2 months. Staffing gaps and seasonal priorities (e.g., student visas) slow things down—monitor your case and follow up at the 30‑day mark.

“My kids just received their green cards. I’m already a U.S. citizen—how can they become citizens quickly?”
Child citizenship hinges on age, relationship (bio, step, adopted), and whether you naturalized before they turned 18. Review the rules on USCIS Form N‑600 and consult a specialist; many children automatically derive citizenship and just need proof, while others must still file.

“We filed an I‑130 (spouse in the DR, I’m in the U.S.). Could her applying for a tourist visa hurt our case?”
The tourist‑visa application won’t directly affect your I‑130, but she must be 100 % honest. Tourist visas are discretionary and often denied; a pending immigrant petition can make demonstrating “non‑immigrant intent” harder.

“How do I minimize deportation risk while my I‑601A is pending?”
Know your rights, carry proof of the pending waiver, and understand whether you’d qualify for ‘cancellation of removal’ if ever placed in proceedings. A seasoned attorney will map out these safeguards before filing.

“Has DOS cut consular staff, slowing visas?”
No formal State‑Department announcement confirms layoffs, though rumors persist. Long wait times pre‑date 2025—many posts were already severely understaffed. Contact your congressional reps and request oversight or additional funding.

“We paid NVC fees and uploaded everything—how long until an interview in Colombia?”
Use the new IV Interview Estimator tool: enter your ‘documentarily qualified’ date and consulate to see which dates are being scheduled now. For Bogotá, expect a few months’ wait after DQ.

“My spouse lives abroad. I’ve been filing U.S. taxes as single because he has no SSN. Will that hurt our spousal‑visa case?”
USCIS understands separate filing when spouses live apart. If you’d prefer to file jointly, your accountant can request an ITIN for your spouse, but filing ‘single’ by itself isn’t fatal.

“My K‑1 fiancée entered with only a photocopy of her vaccination page. Do we need a new medical?”
Submit the DS‑3025 vaccination worksheet with the AOS package. USCIS already has the full sealed medical in her A‑file. A new exam is only required if the worksheet shows missing shots or the officer specifically asks for an updated I‑693.

“She still needs doses in a vaccine series. Can she finish them in the U.S.?”
Yes. Civil surgeons often note series‑completion instructions. Get the remaining doses stateside, keep receipts/records, and bring them to any USCIS interview.

“Parents’ biometrics taken in Boston—how much longer for a decision?”
Check USCIS’s online Processing‑Times tool for each form type. AOS decisions average about one year, but times vary widely.

“USCIS said we might skip the AOS interview—is that believable?”
Officers can waive interviews, but since April almost every marriage‑based AOS is being scheduled. Prepare for an interview unless you filed more than a year ago and receive a formal waiver notice.

“Why is the vaccine waiver on the same I‑601 form used for other pardons?”
USCIS consolidates many waiver requests on Form I‑601. A vaccine refusal waiver is administrative—it doesn’t mean you’re asking forgiveness for inadmissibility.

“Spousal I‑130 pending 20 months. Wife is now a U.S. citizen and we upgraded—but still no approval.”
Verify USCIS logged the upgrade (send a copy of the naturalization certificate, then call or submit an online inquiry). A congressional inquiry can also push USCIS to correct the classification.

“Got a 221(g) after my K‑1 interview in Mumbai. What’s next?”
Read the 221(g) sheet carefully—it explains whether the embassy needs documents, background checks, or other info. Respond promptly, email the embassy for clarity, and consult counsel if the notice is unclear.

“Fiancée in the Philippines has a 20‑year‑old son; by interview he might be 21+. Will he age out?”
For K‑1s, children must enter the U.S. and file AOS before turning 21. Expedite the case immediately (e.g., NVC follow‑ups, embassy expedite requests). The Child Status Protection Act doesn’t freeze age for K‑1 derivatives abroad.

“USCIS always hiring—does new staff help?”
Yes, but onboarding and training take about two years. Recent hiring has shortened some queues (naturalization, EADs, K‑1s), yet other lines—like I‑130 spousal visas—remain backlogged.

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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.