Q&A: Your Immigration Questions Answered

“Can a photocopy of a divorce decree be used for the K-1 visa interview, or does it need to be notarized?”
A photocopy is not acceptable. You must provide either an original or certified copy of the divorce decree for immigration interviews. Always refer to the National Visa Center’s checklist to ensure compliance.

“Should I list assets on the I-134 Affidavit of Support if my income is borderline?”
If your income doesn’t clearly meet the poverty guidelines, listing assets can help. However, because form completion depends on your full financial picture, personalized legal advice is recommended.

“Our K-1 visa was approved out of Casablanca in 10 months! What should we expect when arriving in the U.S., and will the medical exam still be valid for adjustment of status?”
Congratulations! At entry, bring your passport with the visa and any sealed packet received (if applicable). Medical exams are often valid, but if the civil surgeon noted missing vaccines, an abbreviated medical exam may be required during adjustment.

“I’m a green card holder. Can I sponsor my wife and children?”
Yes, lawful permanent residents can sponsor spouses and children. However, these petitions are subject to longer processing times due to visa availability limits.

“Can I apply for a tourist visa from the Philippines?”
Yes, but tourist visas are difficult to obtain. Immigration officers evaluate ties to your home country and will often deny visas if you’re in a relationship with someone in the U.S., fearing you won’t return. Be honest in your application.

“What are the risks if my spouse visits the U.S. during consular processing?”
It’s possible to visit on ESTA or a tourist visa while a spouse visa is pending. However, entry is not guaranteed. Customs officers may question your intentions. Your spouse should bring proof of strong ties abroad and answer all questions honestly—without oversharing.

“Should my fiancé mention he’s getting married next time he enters the U.S.?”
He should answer only the questions asked—honestly and confidently. Oversharing can raise suspicion, so it’s best to provide only the necessary details when prompted.

“How long does it take for a U.S. citizen parent to petition a married child over 21?”
These are considered non-immediate relatives and are subject to long wait times and visa caps. Check the Visa Bulletin and your country category to estimate the timeline.

“We have an adjustment of status interview coming up. Should we bring W2s and pay stubs again?”
Yes. Always bring a complete copy of your submitted application and updated documents, even if already submitted. Officers may not have reviewed your file thoroughly.

“Our visa expired. We live in the U.S. and plan to marry. What’s the best path forward?”
Your first step should be a consultation with an immigration attorney to evaluate your full history and determine eligibility. There are several pathways, but choosing the right one depends on your unique circumstances.

“What happens if someone with a pending petition is detained by immigration?”
While new policies have made it harder to get released, it’s still possible to request bond through an immigration judge. In some cases, lawsuits may be necessary to fight for release. The immigration legal community is actively challenging these policies.

“Can I transfer my consular interview to a different U.S. embassy if I have dual citizenship?”
You can request a transfer, but approval is at the discretion of the receiving embassy. If your child doesn’t have citizenship in that country, it may complicate the request. Contact the embassy directly to inquire.

“My stepdaughter’s adjustment case has been pending for 28 months. Is that normal?”
It can be. Processing times vary by case complexity and jurisdiction. Use USCIS’s online tool to check if your case is outside normal processing times. If so, you can submit an inquiry.

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.