Q&A: Your Immigration Questions Answered

“Are there any U.S. states that process adjustment‑of‑status cases faster? What happens if we move while the case is pending?”
Megan encouraged couples to choose a state based on lifestyle, not just processing speed, because wait‑times shift constantly. Recently, California and Hawaii have been quicker, whereas New York, Chicago, parts of Texas, and Florida tend to lag. You may move mid‑process—just file an online change‑of‑address with USCIS within 10 days. A move can either shorten or lengthen your timeline, depending on the new local office.

“How does the National Visa Center handle a legal name change submitted during the NVC phase?”
The NVC is mainly a document‑collection hub. Submit the legal name‑change evidence (marriage certificate, court order, etc.) through the CEAC portal. The consular officer—not the NVC—will formally recognize the new name at the interview, ensuring the visa and green card are printed correctly.

“Can your firm help us with a fiancé‑visa (K‑1) case? How do we get started?”
Yes. Schedule a private consultation with Megan by phone or Zoom to review your goals and case details; the team will then outline next steps and representation options.

“I received a §212(h) waiver for a crime involving moral turpitude and now hold a green card. Is it risky to travel abroad or apply for naturalization?”
Travel could trigger additional scrutiny, and naturalization eligibility depends on the exact conviction, waiver terms, and your good‑moral‑character period (three or five years). Consult an attorney before any trip or N‑400 filing to review your full record and assess risks.

“My fiancée in the Philippines has no aliases. How does she obtain an NBI certificate when the form asks for AKAs?”
If she has never used other names, she simply lists her legal name on the NBI clearance request. The police certificate only needs to cover names actually used.

“What happens if our two‑year conditional green card is denied?”
USCIS usually issues a Request for Evidence or a Notice of Intent to Deny first. If denial follows, options include filing an appeal or, more commonly, defending the case in removal (deportation) proceedings before an immigration judge.

“What financial requirements and documents do we need for the Affidavit of Support (I‑864)?”
Calculate household size (petitioner, spouse, dependents, and anyone previously sponsored). Then compare your current income to the I‑864P 125 % poverty‑guideline table. Submit the past three years’ tax returns plus pay stubs, W‑2s/1099s, or retirement statements—whichever prove your income. Self‑employed sponsors add profit‑and‑loss statements or 1099s; retirees can count Social Security and assets.

“Will my 11‑year‑old step‑daughter need to attend the immigrant‑visa interview?”
It depends on the consulate. The post’s appointment notice will list who must attend. When minors do appear, an adult accompanies them and questions focus on identity.

“The certified copy of my spouse’s birth certificate looks different from the earlier copy we filed with the I‑130. Is that a problem?”
Certified copies often change formatting. As long as the biographic details match, you can submit the new copy at the next stage.

“My spouse in Nigeria moved to a new state while our I‑130 is still at USCIS. Do we have to update the address?”
Yes. You must update the beneficiary’s address with USCIS within 10 days of any move while a petition is pending. Once the case is at the NVC, address updates are less formal but can still be provided.

“We’ve been documentarily qualified for over a year with no interview date. What can we do?”
Use the State Department’s new Interview Scheduling Tool to see which documentarily‑qualified dates the consulate is currently calling. It gives a clearer sense of your spot in line. Beyond that, keep documents current and wait for the appointment notice.

“How do we transfer our immigrant‑visa interview to a different U.S. consulate?”
Email the desired consulate to ask if it accepts transfers and provide proof of your legal status (residency, work permit, or citizenship) in that country. Confirm its wait‑time first—transferring moves you to the end of that post’s queue.

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.