Q&A: Your Immigration Questions Answered

“Do I need translations for my documents at the visa interview?”
It depends on the U.S. embassy or consulate, as well as the case type. Check your interview notice, the National Visa Center (NVC) instructions, and the embassy’s “Prepare for Your Interview” page. Some locations accept documents in English and another language; others require certified translations.

“Are there new travel bans coming, and how could they affect fiancé or spouse visas?”
Rumors of expanded travel bans exist, but nothing is officially in place. If bans are implemented, they may restrict visa issuance at embassies/consulates in certain countries. You can still file with USCIS, but final processing could be blocked. Reach out to your congressional representatives, share your story on social media, and stay informed.

“Can I apply for a tourist visa if my fiancé petition is still pending?”
Tourist visas require proof of non-immigrant intent, which conflicts with having a pending fiancé/spouse petition indicating immigrant intent. This often leads to tourist visa denials. Consult an immigration attorney before attempting to apply for a tourist visa in this situation.

“What if the U.S. petitioner doesn’t meet the income requirements—can we use a joint sponsor?”
Yes. You’ll still provide an Affidavit of Support and financial evidence, but a qualifying joint sponsor can also submit a separate Affidavit of Support to meet USCIS requirements. The joint sponsor must be a U.S. citizen or lawful permanent resident and show sufficient income independently.

“Is it safer or cheaper to file the fiancé (K1) visa or the spouse visa (CR1/IR1)?”
Fiancé visas are designed to be faster but involve extra steps (e.g., filing for a green card after entry). Spouse visas can take longer initially, but the immigrant arrives as a permanent resident. Costs and timelines vary, so the best choice depends on factors like living arrangements, children, and personal priorities.

“Does living abroad with a lawful permanent resident spouse jeopardize their green card?”
A green card holder must maintain U.S. domicile and avoid extended trips (generally over six months) outside the U.S. Consult an attorney to clarify how to keep valid residence while you both temporarily live abroad, especially if you plan to file an I-130.

“What if I entered the U.S. without inspection—could I be detained at my I-130 interview?”
Appearing at a USCIS interview can pose risks for individuals without legal status. While it’s not guaranteed you’ll be detained, you should consult an immigration attorney, especially if you have past immigration violations or a prior removal order. Proper legal strategy helps reduce potential risks.

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.