Q&A: Your Immigration Questions Answered

“I’m in the K‑1 visa process and want to take my U.S. citizen fiancé’s last name. When can I do that without jeopardizing my case?”
You normally change your surname after you marry—at the adjustment‑of‑status (green‑card) stage—because your U.S. marriage certificate is itself a legal name‑change document. If you skip it then, the next built‑in chance is during naturalization, when you can change any part of your name.

“I’ll be in the U.S. without work authorization. Is truly ‘remote’ work for a foreign employer allowed?”
It depends on how “remote” the job really is. Officers look at where the company is based, how you’re paid, whether any part of the job touches U.S. soil or clients, and whether sister U.S. entities are involved. Each case needs a fact‑specific analysis to avoid an unauthorized‑employment finding.

“My husband just had a second immigrant‑visa interview abroad—they took his passport and all our extra evidence. Two‑and‑a‑half weeks have passed. Is this normal?”
Yes. Several posts (e.g., Abu Dhabi, Ciudad Juárez, London) have moved to a two‑day, “bifurcated” model: Day 1 is purely for document collection; Day 2 (often a day or two later) is the verbal interview. Timing for the visa stamp afterward varies by case and workload, but a couple of weeks is common.

“USCIS shows my spousal I‑130 as ‘opened/actively reviewed’ after 15 months. Should I expect an approval within days?”
Not necessarily. “File accessed,” “actively reviewed,” and similar notes just mean your case moved on an officer’s dashboard. Most marriage‑based I‑130s are taking 15–17 months total; some officers still need weeks (or occasionally months) after that first access to issue the decision.

“The online I‑130 wait time for my Honduran spouse dropped from 23 months to 9 months. After the embassy interview, how soon could she enter the U.S.?”
For U.S. citizen petitioners, current averages are: 15‑16 months for I‑130 approval ➜ a few weeks for NVC case creation ➜ 1‑2 months for document review ➜ roughly 4‑6 months to the Tegucigalpa interview. If the visa is granted, arrival can follow within days of passport pickup.

“I’m filing an I‑130 but I have withholding of removal. Do I send the I‑864 affidavit of support and medical exam now?”
No. The I‑864 and medical belong to the future adjustment‑of‑status packet. Because immigration court still has jurisdiction over your case, extra coordination (and often specialized counsel) is required before any adjustment filing.

“I entered on a K‑1 in 2023 but left before we married. Can we file a new fiancé—or spousal—petition?”
You can, but expect heavy scrutiny. The officer will want a clear, documented explanation of why the first K‑1 marriage never happened. Present the story carefully to avoid a fraud investigation.

“After a K‑1 marriage, how long are AOS cases taking, and is an interview guaranteed?”
Most fiancé‑to‑green‑card adjustments take around 12 months, but it depends on your local USCIS field office. Current policy again requires in‑person interviews for virtually all marriage‑based AOS cases, so plan on attending one.

“I’ve lived (or held citizenship) in several countries. Which police certificates do I need, and how do I get them?”
Provide certificates from every country of citizenship and each country where you lived more than six months after age 16. Use the State Department’s Reciprocity Table to see the exact document type and ordering method; some (e.g., Iran) are unavailable, while others (e.g., Canada’s RCMP check) can be ordered online.

“Can an attorney obtain my foreign police certificates for me?”
Because of privacy laws, applicants usually must request the certificates themselves. Your lawyer can supply reciprocity‑table instructions, and—if local rules allow—help you authorize a relative or local lawyer abroad to apply on your behalf.

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.