Q&A: Your Immigration Questions Answered

“It’s been four months since my husband’s second interview and the embassy still has his passport. Should we be worried?”
This situation can be normal depending on the case. Sometimes officers need more time for additional review. Start by contacting the embassy directly using their navigator tool, and also reach out to your U.S. congressional representative. While these contacts can’t speed things up, they can help get updates. Focus on what you can control and take care of yourselves during this difficult time.

“Our K-1 visa interview was in Nairobi and we were denied due to a travel ban. We have a 5-month-old U.S. citizen baby. What can we do?”
Heartbreaking, but not the end. The fiancé visa is blocked by the travel ban, but the spouse visa could be an option. Since you’re planning to marry soon, file the I-130 spouse petition and include your A-number from the previous application. Don’t lose hope—this path may still lead you to be together.

“Can I file an I-130 based on a Utah online marriage and submit consummation evidence later?”
Sometimes Utah virtual marriages are treated like proxy marriages by USCIS, requiring consummation evidence upfront. Immigration often requires this at filing. More importantly, since your case was previously denied at the embassy, you must first understand why it was denied before filing anything new. Request documentation from the embassy and consider a consultation to analyze the denial thoroughly.

“We’re a U.S./UK couple living in Northern Ireland. Can we start the green card process while living abroad?”
Yes, as long as you meet the eligibility requirements. The key is proving that the U.S. remains your “domicile.” This means showing tax filings, property ownership, or other ties. Living abroad doesn’t disqualify you, but you’ll need to prove your intent to reestablish U.S. residence.

“As a widower in the Philippines married to a U.S. citizen, can we start the spouse visa process while abroad?”
Yes, you can start the process now. Just be sure to meet all eligibility requirements, including showing that the U.S. remains the citizen’s domicile. Immigration may ask for proof such as tax filings or U.S. property, but your current overseas residence doesn’t prevent you from filing.

“I’m waiting for my first communication from the National Visa Center after fiancé visa approval. What’s next?”
For fiancé visas, after approval, the NVC assigns a case number and forwards your case to the embassy. This typically takes 2–4 months. Each embassy has different instructions, so wait for the NVC email to know how to schedule your interview and what documents to prepare.

“We were just approved for a K-1 visa. If we wait until January to file the green card, will I need my 2025 taxes for the I-864?”
If you file before April, your 2024 tax return should be fine. If you file afterward, USCIS may request your 2025 return. Ideally, file your adjustment of status as soon as possible within the 90-day window after entry. Don’t delay waiting on tax documents—USCIS can request updates later.

“Does the affidavit of support require income in U.S. dollars? We’re both in Canada.”
USCIS prefers U.S.-sourced income and looks closely at domicile. If all your income is foreign, they may ask for evidence of your plan to reestablish U.S. domicile and may rely more heavily on assets. Sponsorship is still possible, but the application becomes more complex.

“Do you prefer fiancé visas or spouse visas?”
Neither is inherently better. Fiancé visas are usually faster (around 1 year), but require more steps after arrival. Spouse visas take longer (closer to 2 years), but allow work and travel immediately upon entry. The right path depends on your goals, timeline, and personal situation.

“Once my I-130 is approved, how long do I have to act before NVC closes the case?”
You must contact the NVC and complete the process within one year of their first notice. If you can’t proceed right away (e.g., waiting on a waiver), you must regularly communicate with them to keep the case open.

“Our AOS interview was September 4th, and we got approved the next day! But I was never interviewed—should I be concerned?”
No cause for concern. It’s not uncommon for only one spouse to be interviewed, especially when the evidence is strong and a lawyer is present. Congratulations on your approval!

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.