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Have a question about U.S. immigration and visas? Just ask.

Our website has a vast amount of resources for those seeking to understand the complex U.S. immigration system. If you have a have a question of general nature please head to the corresponding section of our site and leave your question in the comments section. Our team does its best to respond individually to all questions within one business day.

Most frequent areas of inquiry.

Fiancée visas

Also referred to as a Form I-129F or K-1 visa, fiancée visas are available to foreign nationals engaged to marry a U.S. citizen.

Adjustment of status

Also referred to as a Form I-485 or marriage-based green card, adjustment of status is the process of gaining residency through marriage to a U.S. citizen when the applicant is already present in the United States.

Naturalization

Also referred to as a Form N-400 or citizenship application, this is the process for a lawful permanent resident to become a full citizen of the United States.

Marriage-based visa

Also referred to as a Form I-130, DS-260, CR-1 or IR-1, this is the process of immigrating to the United States based on marriage when the process will be completed from outside of the United States.

Other common areas of inquiry.

Our latest free community resources.

USCIS proposes new public charge rules: changes impact public benefits and the Form I-864 for adjustment applicants

This is an initial draft of an article that analyzes the proposed DHS rules on public charge that were announced this weekend. It’s a work in progress. Please share any constructive criticism using the comment function. This post will be…

Will the immigration officer know what I said to CBP – or – the case of the sandwich smuggler

I have a confession. Long before I was an immigration lawyer, before I was a judicial law clerk, before I had a law license… I was a smuggler. A smuggler of the worst type – a sandwich smuggler. But, before…

I am waiting for my adjustment of status to be approved but my temporary EAD is expiring – what should I do?

A lot of our clients are finding themselves in a frustrating situation. They filed an adjustment of status application (Form I-485) and were issued a 12-month temporary work authorization (EAD). So far, so good, except that the EAD is about…

Changes to USCIS “public charge” determinations and use of the Form I-864

USCIS is considering major changes to how it makes “public charge” determinations. The scope of these potential changes, while not yet official, is evident from drafts of federal regulations that were leaked in April 2018. Download draft rules U.S. law…

This Post Has 28 Comments
  1. My wife and I got married in our home country in west Africa but relocated to south Africa after marriage. We both applied for a B1 /B2 visa with the intention of coming for vacation . I was surprised to reach home in June and saw a letter she wrote down that has travelled to look for a job some where in the country not knowing she has deceptive ly travelled to USA on the B1 visa. Last email conversation she sent to me was that she would soon change her status
    How easy can married woman with non immigrant B1 visa easily change her status without getting a proper divorce. No lawyer has contacted me from the USA for divorce process . She came into the USA with intention of spending holiday and visit family friends .
    Can she file for divorce in an american court without or with my consent . I don’t know if I can come to the USA because I don’t know if her status has changed or she has remarried a USA citizen in order to get her status changed.

    1. Whether she has options to change her immigration status would depend on other factors. If she can find an employer to sponsor her it is within the realm of possibility.

      A U.S. court would potentially have jurisdiction over a divorce proceeding in this case, but she would normally need to be residing at the local jurisdiction (not just visiting). She will also need to serve you in those proceedings.

  2. Hi Greg,

    My sister (17yrs old, unmarried) arrived here as a tourist-B2 in the US last April 9, 2018 and my mother who is a permanent resident filed an I-130 petition for her. Her tourist visa is valid until October 10, 2018. Is she allowed to stay here in the US while waiting for her petition? Or rather, what next step should my mother do? Thanks!

  3. Hi. I have a tourist visa and I stayed 3 months in 2017, then I came back in Dec and stayed 5 months in 2018 and got married to my boyfriend who is a permanent resident. Now, after 4 months away, I came back and we want to adjust my status, can I stay here in US while we apply for the petition for me to become a resident or I have to leave and wait in my country (Romania)? My husband was married for 8 years to a US citizen until Dec 2015 when he divorced. Many many thanks

  4. I came across the website and found many helpful immigration advice. Thank you so much for the information.
    I married a U.S citizen in good faith in 2016. He cheated on me and went off with another woman six months after we got married. I received an interview appoinment for my adjustment status in July 2017. I went to the interview without him, and the ambassador told me to go home and they will send me a letter following up my cases. At the time, I was still married to him. We legally divorced in May 2018, but I have not received any letter from USCIS. Please advise me what should I do in this situation.

    1. Ai, you should have gotten a decision in the adjustment case by now – check your case number on the USCIS website or by calling customer service. Usually – though by no means always – a case will be denied in these circumstances. If there was abuse in the marriage, even mental, then you should discuss filing a “self-petition” under the Violence Against Women Act (VAWA).

  5. Hello guys,
    I’m seeking adjustment of status through my spouse, I want to know if I’m admissible given the following.
    I have a US visa that will expire by January 2019, however I have overstayed my 6months issued at the point of entry.
    Can I still go on to file without any issues arising from the Immigration Agency?

    1. Hi, Walter. A 6-month overstay triggers a three-year inadmissibility bar, but only after departing the US. If someone remains in the US to adjust status, and does not depart, the unlawful presence bar is not triggered. There could be other issues – such as whether the overstay indicates preconceived immigrant intent – but the 3-/10-year bars do not apply in this situation.

  6. Hello,my name is Olu,first i want to say a BIG Thank you for this platform,please after reading your posts and listening to the video you made,i have some questions to ask,

    My wife is filling for me and i want to be sure of what documents do i need as the beneficiary (foreign national)

    I can provide the following documents right away

    Seven passport style photographs
    Proof of name change
    Proof that prior marriage(s) was ended.
    Biographical and visa page of passport.
    Form I-94 arrival record.
    Birth certificate.
    Marriage certificate.
    Rental receipts or agreements showing both spouses as lessees.
    Auto insurance and registration showing both spouses as carriers and owners.
    Photographs of you together.

    BUT my Questions is that do i have to provide these other documents right now and send them all together right now or i can wait unto these document until when am going for an interview ?

    Unopened medical exam.

    Bank statements for checking and/or savings accounts showing account(s) are shared by both spouses

    Identification of U.S. citizen spouse such as passport or driver’s license.

    Hope to get a response , thank you once again,

    1. Hi, Olu. All of the supporting documents should be filed at the time you submit the USCIS forms. The medical, however, can be provided at the time of the interview if this is an I-485 case. You can also submit additional documents about the marriage at the time of the interview. If you don’t file the marriage-related documents with the initial filing then your case could be denied under current USCIS policy.

  7. My wife recived a call saying she can’t get visa because i was married to 2 wife at same time according to my divorce paper. But my 1st wife left me 2 years prior to my 2nd marriage but i didn’t file divorce before my 2nd marriage.
    What i suppose to do know

    1. That’s a real problem. Under US law you can’t be married to two people at the same time. If you were still married – even if separated – when you remarried then your second marriage is invalid. You will need to talk to a family law attorney to figure out if there is a way you can save the validity of the second marriage.

      1. Hello Greg!

        I have a quick question for you. If a joint sponsor’s mailing and physical address are the same, is proof of domicile required? As I know, it’s not. But CEAC has a spot for Proof of Domicile. In this case, do you sumbit it as “Not Available”? Thanks in advance.

  8. Hello Greg,

    Before I begin, wanted to say a BIG thanks for all your community work, some of your posts has best answers I found so far on internet.

    I have a very basic question while proceeding for “marriage-based adjustment of status” Can I send all the forms (130, 485, 765) in once packet to USCIS ? or there is any approval based sequence ?

    Thanks once again, highly appreciate your time.

    Best,

  9. Hello, I have just found out that the USCIS have approved my family based petition for an adjustment of status. However, I have filed for them to be able to get an immigration visa through a consulate or embassy overseas, the approval letter suggests filing form I-824 to be sending the petition to NVC. I have contacted both offices and they did not provide me with clear answers. My attorney has contacted them and filed G-28 and sent a letter requesting USCIS to forward documents to NVC since beneficiary does not reside in the USA or qualify for adjustment of status. My question now is why did such thing happen when all documents shows that they are not in the US and seeking to immigrate through family based immigration visa? The attorney of the record stated he has absolutely filed everything based of the guideline and that this is USCIS mistake and they have to correct it and send it to NVC.
    I tried to reach out to NVC and sent an inquiry stating my issue and they latterly just ignored everything and said we did not receive it.
    I have not filled I-824 not sure why my attorney did not want to do so, I am assuming it is because theres nothing to be correcting from our end.

  10. Good Afternoon, I was informed by US immigration that i may live, study, work and reside freely in the US as a Canadian born 50% blood quantum Native American without a Residence Card, under the Indian Act and Jay Treaty, with sufficient documentation. I have a 10 year passport, Certificate of Indian Status, long form birth certificate, Social Security Number and 50% blood quantum letter to prove my indigenous identitiy. I was informed that this collection of ID and documentation would suffice, regarding what I must possess in person at the border, to reenter the US. I also have an Alien number from my infopass appointment fro creation of record which allowed me legally to enter the United States. I’ve been living in New York City since, waiting for my permanent residence card for, which was now 8 years ago. I then had requested an update a few years ago and met with a USCIS officer. My online USCIS profile says its been 825 days since my last update. I am looking for legal advice regarding what I must possess in person at the border, to legally reenter the USA as a Canadian Born native American of 50% blood quantum, without a permanent residence card. Additionally, any recommendations on how to acquire said card, since waiting for 8 years and requesting updates feom USCIS has yielded no results. https://www.uscis.gov/greencard/american-indian-born-in-canada Thank you for your time and assistance.

    1. You came to the right place! Here’s a detailed law journal article that covers this topic. Your card should definitely not be taking 8 years. You will want to file a case inquiry and then seek ombudsman or congressional intervention. The documents you list should be sufficient for the port of entry. But note these are very rare cases and you will almost certainly face an officer who is unfamiliar with the issue. We would encourage you to combat the delayed issuance of the LPR card, and ideally secure that before travel.

  11. Hi Greg,

    I’ve been reading some of your posts and believe this is the best site for me to ask some immigration questions.

    I am a US citizen living in Australia. I met my husband here and married him here two years ago. I have been accepted into law school back in the US to start in August 2018. We have filed for an I-130 while in Australia and have received the receipt number (is been assigned to Nebraska). We are now considering our options to try to minimise our time apart while the visa is processed. Can my husband travel to the US (ESTA) while his I-130 is being processed and subsequently while his immigrant visa is processed? He would obviously stay no longer than 90 days each time. Is this okay for him to do throughout the whole process? He would travel back to Australia for his interview etc.
    I would really appreciate your advice.
    Thanks
    Audrey

    1. Hi, Audrey.
      Check out this post on the exact question you raise. There is really no one-size-fits-all answer to this question, and no guarantee that anyone in this situation would be able to travel. It really depends on his demonstrable ties to Australia, and frankly on the particular officer he ends up speaking to at the port of entry.

  12. I entered the USA on may 2017 on an ESTA waiver visa. Met my now husband in june and got married in november (of course my ESTA was already expired). We are now putting the paper work together (its taking time because we need a double sponsorship as my husband has no on the books job for 2016 and 2017), however our question now is if me been in the USA all this months ilegally can be a potential issue for the adjustment of status process.
    Thank you so much for this site, its incredibly helpful.

    1. Hi, Carmen. Assuming you remain in the U.S., overstaying the ESTA status does not automatically prevent you from adjusting. But this is an extremely precarious situation to be in, as you can be placed into expedited deportation proceedings on an administrative basis. They can also raise questions about whether you mis-sued the ESTA program as a stepping stone to residency status, which is not its intended use.

  13. My fiancee was born in Libya but his family moved to Palestine when he was little in the 1980s. He left Palestine in 2016 and now resides in Turkey and holds a resident permit. He still holds a Palestinian passport. We are planning on getting married but we are not sure which route to take whether it be fiance or family visa application I30 petition. Being that there is a travel ban for people that are from several countries, Libya being one of them and thats where he was born, do you think we will have issues applying for him? thanks

    1. Great question, Connie. Unfortunately, the travel ban is still being reviewed by the Supreme Court. We expect a ruling in a few months. But there currently would be no reason to prefer an I-129F strategy over an I-130, or vice versa.

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