September 3, 2024

Navigating the U.S. immigration process can feel overwhelming, especially for couples who are working to build a life together across borders. That’s why Attorney Megan Pastrana and the team at Immigration for Couples host a Weekly Live Immigration Attorney Chat every Tuesday, where they answer your pressing questions and provide insight into the immigration process.

Main Points from This Week’s Chat

This week’s chat covered a range of topics that many couples navigating the U.S. immigration process face, including:

  • Timeline expectations for spouse and fiancé visas
  • How submitting additional evidence impacts your wait time
  • What to expect when providing financial evidence during the visa process
  • The effect of past visa denials on new visa applications
  • Handling multiple visa applications at the same time

 

 

Q&A: Your Immigration Questions Answered

Is there a way to know what current month they are working on for the spouse visa in the Dominican Republic?

Unfortunately, U.S. embassies and consulates do not publicly post which months they are working on for spouse visas. However, based on current cases, interviews are typically being scheduled 5-6 months after being documentarily qualified.

After submitting additional evidence, is the wait time quicker?

It depends on who requested the evidence and the nature of the request. If it’s something simple, like a missing translation, decisions may be made within a few months. For more complex evidence, such as relationship verification, it can take longer, and legal assistance is recommended.

What’s the estimated time for getting a fiancé visa after the petition is approved?

Once the petition is approved, it takes about 30 days for the case to be transferred to the National Visa Center (NVC) and then to the embassy for an interview. Currently, fiancé visas are taking around a year to process, but this can vary.

Does a monthly bank statement suffice as evidence of assets for the I-134, or do I need a statement from an officer of the bank?

If you’re required to show proof of assets, you will need a full year of statements from your bank, not just a monthly statement. Additionally, assets must meet three times the poverty guideline if income is not enough on its own.

I was denied a tourist visa twice two years ago—will that ruin my chances with the spouse visa in Johannesburg?

A previous tourist visa denial does not automatically ruin your chances, but it must be disclosed. Depending on the reason for denial, it may require further investigation or a waiver during the spouse visa process.

My receipt notice has expired, and I haven’t gotten an appointment yet—what should I do?

If this concerns a fiancé visa, you may need to request an extension and contact the embassy to schedule your interview. Legal guidance is recommended to ensure no steps are missed.

What are the processing times for the I-130 petition filed from Texas?

Currently, I-130 petitions are taking about 12 months to process for U.S. citizens petitioning for spouses, children, or parents.

If I apply for a fiancé visa and also apply for an H-2B visa, will this affect my K-1 visa?

Applying for multiple visa types can get complicated, especially if they have different intent requirements. Consult with an immigration attorney to ensure one application doesn’t negatively impact the other.

After approval for the visa, how do I travel back to my country without my passport? How long does it take for the visa to be printed on the passport?

Once approved, the U.S. embassy or consulate will keep your passport to insert the visa, which typically takes 5-10 days.

What’s the fastest way for my fiancé from another country to be with me in the U.S.?

Right now, the fiancé visa process is typically the fastest. However, each case is different, and it’s important to weigh the speed of the process with other factors like work permits and travel permissions.

For K-1 applicants, are there any factors that would lead someone to be deemed low-risk?

Immigration looks for red flags when reviewing fiancé or spouse visa cases, such as prior marriages, age gaps, or lack of family knowledge of the relationship. Additionally, criminal history and prior immigration violations could add complexity to the case.

I’ve been waiting 10 months for an interview—what can I do?

If you haven’t already, reach out to the embassy to ensure everything is on track. Interviews are typically scheduled around the one-year mark.

My father applied for my I-130 petition in 2018. Now I’m engaged, and my fiancé would like to file the fiancé visa process. Will this pose any issues?

In general, having a family petition like an I-130 does not negatively impact a fiancé visa application. In some cases, it could even provide additional options.

I just applied for the K-1 visa and got a receipt notice from USCIS. Can a lawyer still help me even though I’m already in the process?

Yes! Even if you’re in the middle of the process, an attorney can help ensure everything is filed correctly and assist with any requests for evidence or other challenges.

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.

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