Q&A: Your Immigration Questions Answered

“My husband has his spouse visa interview soon in Morocco. The interview notice says to bring all original documents we submitted. How do we know exactly what to bring?”
Always follow the official interview notice and compare it with the National Visa Center (NVC) “Prepare for Your Interview” list. Requirements can vary by embassy/consulate and often include police clearances, updated financial documents (especially if you have a joint sponsor), relationship evidence, and all original civil documents. Double-check each list so you don’t miss anything.

“Has the marriage (I-130) visa process slowed down or is it on track? I’m worried about increased wait times.”
The I-130 petition phase for spouses has lengthened over the past year, averaging about 16.5 months. This is just for the petition approval and does not include NVC or embassy processing. Fiancé (K1) visas remain somewhat faster, generally around 8 months for petition approval, but actual wait times still vary.

“If the U.S. petitioner owes taxes but is on an installment plan with the IRS, does this harm the beneficiary’s green card or visa application?”
Typically, no, as long as the petitioner is meeting the income requirements for the Affidavit of Support. Being on a valid payment plan with the IRS is acceptable. Immigration mainly cares whether you earn enough to support your spouse or fiancé at or above the poverty guideline.

“We tried opening a joint bank account before my husband had his green card. The bank teller mistakenly had me sign as if I were a U.S. citizen. We withdrew right away, but a refusal letter was generated. Could this count as a false claim to U.S. citizenship when applying for naturalization?”
A false claim to U.S. citizenship can lead to serious immigration consequences, potentially creating a permanent bar. Whether this specific situation qualifies depends on the facts and the documents generated. Avoid filing anything with USCIS (especially an N-400) until consulting an immigration attorney to analyze your exact circumstances.

“My passport and the I-130 petition use my maiden name. I want to change to my married name on my passport. Will that conflict with our spouse visa case?”
Not typically. When you reach the National Visa Center or consular stage, you can update your surname to match your new legal name. Many applicants begin the I-130 under a maiden name and switch later if they decide to adopt their spouse’s last name.

“Is the K2 automatically approved when the parent’s K1 (fiancé) visa is approved, or do we need to wait for the child’s paperwork?”
K1 and K2 visas are adjudicated together. Both the fiancé and child must have the required documentation ready for the same interview date at the consulate. Ensure you gather all civil documents and financial evidence for both the principal (K1) and derivative (K2) applicants.

“Our attorney made a mistake on the DS-260. How do we fix it?”
Once the DS-260 is submitted, you can’t edit it online. Bring any corrections or updates to the consular interview, where the officer can amend your information on the spot.

“If I have a 2-year conditional green card and get divorced, do I lose my green card?”
Not automatically. You must eventually file the I-751 Removal of Conditions. If you’re no longer filing with your spouse due to divorce or another qualifying reason (e.g., abuse or death of the spouse), you can apply for a waiver of the joint filing requirement. This requires strong evidence your marriage was genuine.

“I’m a U.S. citizen in Colorado, and my fiancée is in India, wanting to do a master’s degree. Which visa is better for in-state tuition or a quicker path—fiancé (K1) or spouse visa (CR1)?”
From a tuition standpoint, most states require about 12 months of state residency for in-state rates. Both fiancé and spouse visas lead to green card status, so neither option is inherently “better” for tuition. Instead, consider broader factors:

• K1 Fiancé Visa: Generally faster entry to the U.S., but you’ll need to adjust status after marriage.
• CR1/IR1 Spouse Visa: Takes longer initially, but you enter as a permanent resident with immediate work/study privileges.

Evaluate which timeline aligns best with your personal and academic goals.

“We already filed an I-130 for my spouse. Should I also file a K3 to speed things up?”
K3s rarely help anymore. They were created as a “fast-track” marriage visa option, but in practice, they’re usually slower or simply not approved once the I-130 is in progress. There is no filing fee for K3, but don’t count on it to shorten your wait.

“Is there a permanent bar if I need a waiver? Do I lose eligibility to adjust status?”
That depends on why you need the waiver. Some immigration violations can be forgiven if you qualify for a waiver, allowing USCIS to approve your green card after a request for forgiveness. Other violations create a permanent bar with no waiver available. You’ll need a thorough legal analysis to see whether you qualify for a waiver or if you’re permanently ineligible.

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.