Q&A: Your Immigration Questions Answered

“What documents do I need to take to the embassy for my K-1 visa interview?”
Once your K-1 petition (Form I-129F) is approved, you’ll receive instructions from the U.S. embassy or consulate. You’ll need to prepare the I-134 Affidavit of Support (not the I-864), and bring certified originals of key documents like divorce decrees and police certificates. Requirements can vary by embassy, so follow the embassy’s instructions closely.

“Should I take more than one affidavit from friends or family to my interview?”
Affidavits from friends or family are helpful but not the strongest evidence. Be sure to include a variety of evidence categories such as shared residence, joint finances, and official documents showing your life together. There’s no required number of affidavits, but focus on diversity and quality of evidence.

“Is the CENOMAR (Certificate of No Marriage) required for the Philippines?”
Yes, the Philippines typically requires a CENOMAR. Be sure to review the embassy’s checklist carefully once you receive it.

“If I submit my stepdaughter’s I-130 now, will her timeline combine with my wife’s petition from January?”
No, petitions for a spouse and a stepchild are separate and will be processed on individual timelines. It’s wise to file sooner rather than later due to lengthy processing times (currently around 2 years). There are strategic ways to manage timing, especially if your stepdaughter plans to finish high school abroad.

“Will a government shutdown slow down my immigration case?”
No significant delays are expected. USCIS is fee-funded and continues processing even during shutdowns. The Department of State is also still scheduling and conducting interviews.

“Can I use a certified true copy of a divorce decree instead of the original for the K-1 visa?”
Yes, a certified copy or original is required. Make sure it meets the standards of the issuing authority. If there were multiple divorces, all certified decrees must be submitted.

“My wife lives in a place with no street address. How will the visa be delivered?”
Typically, U.S. embassies partner with couriers like DHL. There are options to pick up visas from local offices or to pay for home delivery. Instructions will be provided once the interview is scheduled.

“How do I know when my visa interview will be scheduled?”
Check the National Visa Center (NVC) Bulletin and use the NVC’s new interview estimator tool. Visa categories with annual limits also require checking visa availability.

“Can my U.S. fiance sponsor me for a tourist visa?”
While you can apply, it’s very difficult to get approved if you are engaged or in a serious relationship with a U.S. citizen. Immigration may doubt your intention to return home, which often results in denial. It’s better to explore permanent visa options.

“Can I petition for my biological mother or stepmother?”
Yes, U.S. citizens can petition both, but there are eligibility criteria. For stepparents, the marriage to your biological parent must have occurred before you turned 18, among other requirements.

“Can an attorney reopen a denied green card case after the interview?”
Yes. Depending on the reason for denial, an attorney may be able to file a motion to reopen or refile the case. It’s important to seek expert help immediately after a denial.

“Are people who overstay their visa being put in removal proceedings at their green card interview?”
Unfortunately, in rare cases, yes. The current administration has allowed this in some states. It’s essential to confirm eligibility and prepare thoroughly before filing or attending an interview.

“On my form, how do I note my father’s residence if he is deceased?”
In general, indicate that your father is deceased. Always answer truthfully and clearly.

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.