Q&A: Your Immigration Questions Answered

“Our K-1 visa was approved and sent to the NVC. I have low income—how much do I need in the bank to qualify with assets?”
The affidavit of support requires you to meet income levels based on your household size (found on form I-864P). If your income is too low, you can either get a joint sponsor or use your assets. For K-1 visas, assets must be 3 times the shortfall amount. Immigration will average your last 12 months of financial statements, not just the current balance.

“I’m in Lisbon waiting on my CR1 petition since December 2024. Is 17 months normal?”
Yes, for spouse visas, the I-130 petition is currently taking about 17 months to be approved. You’re getting closer—hang in there!

“Any tips for my upcoming immigration interview? What should I wear? What kind of questions do they ask?”
Dress professionally to show respect for the importance of the interview. Review all documents and applications submitted, and quiz each other on relationship details. Officers will ask about how you met, your relationship history, daily routines, and even favorites like food or movies. Check out Megan’s YouTube videos for in-depth prep.

“Can I apply myself if my spouse is a U.S. resident?”
If your spouse is a lawful permanent resident, they can file a petition (I-130) for you to immigrate. There are very limited self-petition options unless you’re in a specific visa category (e.g., employment or humanitarian).

“I’m a widower of a U.S. citizen. Are there any immigration options for me?”
Yes, there’s a process known as the widow(er) petition. Eligibility depends on timing of the marriage, date of death, and whether a petition was already filed. It’s complex and often requires a consultation.

“Is the 17-month wait time for CR1 also true for K-1 visas?”
No. K-1 (fiancé) petitions still take about 8 months. However, the NVC transfer to the embassy now takes 4 months (previously 1 month), which has slowed down the overall process slightly.

“My spouse came on a K-1 in 2021. We filed to remove conditions and are waiting. Can we file for naturalization?”
Yes, in many cases, you can file for naturalization while the I-751 is pending. It can even help move things along. However, it’s important to evaluate your full immigration history before filing.

“We started our relationship while I was still legally married, but now divorced and filing K-1. Will that be a problem?”
This situation can raise “red flags” for immigration, such as overlapping relationships or a quick petition after divorce. It doesn’t mean denial, but it requires strong documentation and explanation to prove the relationship is genuine.

“We filed adjustment of status in October 2024. Can we expect approval before end of this year?”
It’s possible, depending on your local USCIS field office. Some interviews happen within a few months, others take over a year. Keep checking your status and be prepared.

“Do embassy documents need to be translated?”
Some embassies accept non-English documents in locally recognized languages, but it’s safest to include translations unless instructed otherwise. Always check with your specific embassy.

“I’ve been waiting over two years for my citizenship interview. What can I do?”
Consider filing a mandamus lawsuit to compel USCIS to act. These are federal lawsuits based on unreasonable delay and usually require an attorney in your jurisdiction.

“I left my job for Peace Corps service. Will that affect affidavit of support when I file for my spouse?”
Since you’re not married yet, there’s time. The affidavit of support is required later in the process. If you don’t meet income requirements, you can use assets or get a joint sponsor. You may also qualify for options like direct consular filing depending on your situation.

“Our adjustment of status was approved after our interview!”
Congratulations!

“I was removed from the U.S. 8 years ago. My I-130 is approved. What next?”
Depending on your case details, you may need to file a 212 waiver (permission to reapply) or other waivers. Whether it was expedited removal, voluntary departure, or immigration court matters. You need a thorough case analysis to move forward.

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.