Q&A: Your Immigration Questions Answered

“My fiancé is considering a temporary work visa in the U.S. Should we instead apply for a fiancé visa or wait?”
Employment-based visas often involve strict requirements and lengthy processes. If your long-term goal is marriage and living in the U.S., the fiancé or spouse visa route is typically more direct. Consult an attorney to see if employment-based options make sense for your specific situation.

“My friend has been waiting two years for her I-130 to be approved. Why is it taking so long?”
Two years is longer than current average processing times. Delays may stem from service center backlogs, prior petitions, or additional background checks. She can contact her congressional representative for assistance or consult an attorney to investigate any potential issues.

“Can I run my own U.K.-based business remotely while in the U.S. on a K1 visa?”
U.S. laws on “unauthorized work” were written before remote work was common. Whether remote business activity is considered unauthorized can depend on factors like where the clients are located and how payments are handled. Speak with an attorney who can review the specifics of your work setup.

“Should my spouse come on a student visa if we haven’t started the marriage or fiancé visa process yet?”
Student visas require proof of non-immigrant intent, which can be difficult if you’re married or plan to marry a U.S. citizen. Depending on your long-term goals, a spouse or fiancé visa may be more straightforward. Consult an attorney to evaluate whether a student visa is viable or too risky.

“My fiancé wants to wait a year before traveling to the U.S. with the fiancé visa. What happens if the visa expires?”
Once issued, a fiancé visa has a specific validity period. If it expires and your fiancé does not enter the U.S. in time, you’ll have to restart the process from scratch. Check the expiration date and plan travel before that date to avoid losing the visa.

“Will bankruptcy affect my spouse visa application?”
Bankruptcy alone typically doesn’t bar approval, but you still must file the required Affidavit of Support. If you don’t meet income requirements, you’ll need a joint sponsor. USCIS focuses on whether you can financially support your spouse or have a co-sponsor who can.

“My court made a mistake on my divorce decree date. Should I upload the corrected version to my online I-130 case?”
If you filed your I-130 online, you can upload corrections with an explanation. Be clear about the error and how it was resolved. Because every case is unique, speak with an attorney to ensure this won’t cause confusion or trigger additional review.

“How safe is it to travel outside the U.S. if I have a green card?”
Green card holders generally have the right to travel, but trips over six months can raise questions about maintaining U.S. residence. Criminal history or pending immigration court proceedings also increase risk. In most other cases, travel is allowed, but it’s wise to consult an attorney if you have any doubts.

“If I withdraw my petition, will it affect future applications or my ability to visit the U.S.?”
Withdrawing a petition can affect your immigration history, especially if you’ve overstayed or have other complicating factors. Whether it impacts future entries on ESTA or other visas depends on your overall record. It’s best to speak with an attorney who can assess your situation before you withdraw.

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.