Q&A: Your Immigration Questions Answered

Can you apply for a Green Card abroad or months later after getting married via the K1 Visa?

Yes, even if you and your fiancé are living abroad, you can begin the K1 or spouse visa process. Once you enter the U.S. on a fiancé visa, you have 90 days to get married, and it’s recommended to file for your Green Card during that 90-day window to avoid falling out of status.

When can we expect a decision after applying for a K1 Visa in July, with one person living in Sweden and the fiancé in Texas?

Currently, the K1 visa process takes about 6-8 months for petition approval. After that, it will take about 2 months for your case to be transferred to the National Visa Center (NVC) and then to the U.S. embassy for your interview. The entire process typically takes around 8-12 months.

After submitting additional information for a K1 Visa, what is the estimated wait time for approval, and how long after approval will the interview be?

After approval, it typically takes about 2 months for your case to be forwarded to the NVC and then to the U.S. embassy. Interview availability depends on the embassy or consulate where your case is being processed, with wait times ranging from a few months to longer, depending on the location.

What if I only have a few photos with my spouse but other strong evidence to prove our marriage is real—can I still file?

Yes, you can still file with a few photos, but immigration will expect more comprehensive relationship evidence. You should include financial documentation, such as joint bank accounts or shared assets, and other proof of your life together, like text messages, travel receipts, or photos with friends and family.

My I-130 petition has been pending for a year; my husband is considering changing jobs. Do I need to update USCIS with this information?

There is no requirement to update USCIS if your employment changes, unless you change your address or relationship status. Future steps in the process, like the Affidavit of Support, will require updated employment information, but it’s not necessary during the I-130 pending stage.

What vaccinations are required as part of the Green Card process, and what can be done if someone has a religious or moral objection to vaccines?

Immigration requires a medical exam that includes proof of vaccinations like tetanus. If you have a religious or moral objection to vaccines, you can apply for a waiver by proving your beliefs are bona fide and showing you’ve consistently objected to vaccines.

How long will it take to get an interview after the case is documentarily qualified?

Interview wait times vary depending on the U.S. embassy or consulate processing your case. In some countries, interviews may be scheduled within months, while in others, it could take over a year. For example, embassies in Nigeria and Mexico typically have longer wait times.

Can I use my foreign (Canadian) income to meet the financial requirements for the Affidavit of Support if I’m living abroad?

Unfortunately, foreign income cannot be used to meet the U.S. financial requirements for the Affidavit of Support. Immigration looks for U.S.-based income and requires that your domicile is in the U.S. You may still proceed with the petition, but an alternative solution, such as finding a joint sponsor, may be necessary.

Should I file a CR1 Visa or I-130 for my Nigerian wife?

The CR1 Visa and I-130 petition are part of the same process. The I-130 is the petition you file, and once approved, you’ll receive either a CR1 (for marriages under two years) or an IR1 (for marriages over two years). The main focus should be on starting the I-130 process.

Can I explain the various USCIS processing centers, and why does the USCIS website direct applications to different centers?

Applications are mailed to specific lockboxes based on USCIS guidelines, and then assigned to a service center for processing. You don’t get to choose your service center, as USCIS assigns cases based on workload and case type.

How long will it take for a child’s case at the NVC to be transferred to the embassy?

The National Visa Center is responsible for collecting documents, but the timing of when the case is transferred to the embassy depends on interview availability. This can vary greatly, with some embassies scheduling interviews within months and others taking much longer.

What if we don’t have joint titles (house or car) in both of our names—will this impact our relationship evidence?

It’s okay if you don’t have joint titles on large assets, especially if those were purchased before marriage. Focus on other relationship evidence, like joint bank accounts, shared bills, or proof of living together after marriage.

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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.