Frequently Asked Questions
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Q: What is the difference between a visa and a green card?
A: A visa is a temporary permission to enter and stay in the United States for a specific
purpose and time period — such as work, study, or visiting family. A green card (formally
called a Permanent Resident Card) grants you the right to live and work in the US
permanently. While most visas expire and must be renewed, a green card is an indefinite
status that can eventually lead to US citizenship. Think of a visa as a temporary pass and a
green card as permanent residency.
Q: How long does the immigration process take?
A: It depends on the type of case. A K-1 fiancé(e) visa typically takes 8–14 months. A
marriage green card (adjustment of status) can take 12–24 months. Employment-based
green cards vary widely — from 1–2 years for EB-1 cases to many years for EB-3 cases
from high-demand countries. Naturalization generally takes 4–18 months. Processing
times also shift based on USCIS workloads and policy changes, which is why having an
experienced attorney monitor your case matters.
Q: Do I need an immigration lawyer or can I do it myself?
A: Technically, you can file most immigration applications on your own. However,
immigration law is one of the most complex areas of US law, and small mistakes — a
missed document, a wrong answer, or a missed deadline — can result in denial, delays, or
even a bar from future immigration benefits. An experienced immigration attorney ensures
your application is complete and accurate, prepares you for interviews, responds to
government requests, and advocates on your behalf. For most people, the cost of an
attorney is far less than the cost of a denied or delayed case.
Q: How much does an immigration lawyer cost in Cincinnati?
A: At our firm, most cases are handled for a single flat fee — so you know exactly what your
case will cost from the start, with no hourly billing surprises. Fees vary by case type and
complexity. All initial consultations are free and confidential. We believe experienced, expert
immigration advice should be accessible and affordable, which is why we structure our
pricing to be transparent and predictable.
Q: Can you help me if I don't live in Cincinnati?
A: Yes. While our office is located in Cincinnati, Ohio, we assist clients throughout Ohio,
Kentucky, Indiana, Illinois, and remotely throughout the entire United States and around the
world. You do not need to come to our office in person — we use modern technology to
communicate and share documents with clients wherever they are. Most of our work is
handled remotely, and we have served clients from over 100 countries.
Q: What happens if my immigration application is denied?
A: A denial is not necessarily the end of the road. Depending on the type of application, you
may be able to file an appeal, a motion to reconsider, or a new application. Appeals can be
filed with the Board of Immigration Appeals (BIA), the Administrative Appeals Office (AAO),
or in US federal court. Our attorneys have experience handling appeals and will review your
denial notice, explain your options, and recommend the best path forward for your specific
situation.
Q: Is my consultation confidential?
A: Yes, absolutely. All consultations with our firm are completely confidential and protected
by attorney-client privilege. We will never share your personal information or immigration
situation with anyone — including government agencies — without your consent. You can
speak freely and honestly with us so we can give you the most accurate advice for your
situation.
K-1 Fiancé(e) Visa
Q: How long does a K-1 visa take in 2025/2026?
A: As of 2026, K-1 fiancé(e) visa processing typically takes between 10 and 16
months from start to finish, though times can vary based on USCIS workloads, the US
consulate or embassy handling the case, and how quickly both parties respond to requests.
The process involves three main stages: USCIS approval of the I-129F petition (5–8
months), National Visa Center processing (1–2 months), and the consular interview abroad
(1–3 months). Working with an attorney helps avoid delays caused by missing documents or
errors.
Q: Can my fiancé(e) work while waiting for the K-1 visa?
A: No. Your fiancé(e) cannot work in the United States while waiting for the K-1 visa to be
approved — they must remain outside the US during the consular processing stage. Once
they enter the US on the K-1 visa and you marry, they can apply for a work permit
(Employment Authorization Document, or EAD) as part of the adjustment of status process.
This work permit typically takes 7 months to be approved after filing as of 2026
Q: What happens if my K-1 visa is denied?
A: If a K-1 visa is denied, the consular officer will provide a written reason. Common causes
include insufficient income, concerns about the bona fides of the relationship, a prior
immigration violation, or a criminal history. Depending on the reason, you may be able to
overcome the denial by providing additional evidence, filing a waiver, or reapplying. Some
denials are final and not subject to appeal. An immigration attorney can review the denial
notice and advise you on the best path forward.
Q: How long do we have to get married after the K-1 visa is approved?
A: Once your fiancé(e) enters the United States on the K-1 visa, you have exactly 90 days to
get married. This deadline is strict and cannot be extended. If you do not marry within 90
days, your fiancé(e) must leave the US. After marrying, you can begin the process to adjust
your spouse's status to permanent resident (green card).
Q: What is the difference between a K-1 visa and a marriage visa?
A: A K-1 visa is for couples who are not yet married — it allows a foreign-citizen fiancé(e) to
come to the US specifically to marry their US citizen partner within 90 days. A marriage visa
(more formally called an immigrant visa via consular processing, or adjustment of status if
the spouse is already in the US) is for couples who are already legally married. Both paths
lead to a green card, but the timeline, process, and documents required are different. An
attorney can help you determine which path is faster and more appropriate for your
situation.
Q: Can I apply for a K-1 visa if I've been married before?
A: Yes. Prior marriages do not automatically disqualify you from the K-1 process. However,
you must provide proof that all prior marriages have been legally terminated — through
divorce decrees, annulments, or death certificates. USCIS and consular officers will review
prior marriages carefully to ensure there are no issues, such as a prior immigration marriage
fraud finding. Having proper documentation of all prior marriages is essential.
Marriage Green Card
Q: How long does a marriage green card take?
A: For spouses of US citizens, a marriage green card through adjustment of status (if the spouse is in the US) currently takes approximately 4–24 months. Consular processing for spouses abroad takes roughly 18–24 months. Spouses of US citizens are considered immediate relatives; so there is no visa backlog. Spouses of green card holders face longer waits due to annual visa caps. Processing times vary based on USCIS workloads and the specific field office handling your case.
Q: What is the difference between adjustment of status and consular processing?
A: Adjustment of status is the process used when the foreign spouse is already legally
inside the United States — they apply to change their status to permanent resident without
leaving the country. Consular processing is used when the foreign spouse is abroad — they
go through a US embassy or consulate in their home country to obtain an immigrant visa,
then enter the US as a permanent resident. The end result is the same (a green card), but
the process, timeline, and requirements differ. Your attorney can recommend which path is
best for your situation.
Q: Can my spouse work while the green card is pending?
A: Yes, but only after receiving an Employment Authorization Document (EAD). After filing
the adjustment of status application (Form I-485), you can simultaneously file for a work
permit (I-765). The EAD allows your spouse to work legally for any US employer while the green card is pending. Your spouse may also apply for a travel document (advance parole) at the same time to allow international travel.
Q: What documents do I need for a marriage green card?
A: Core documents typically include: a certified copy of your marriage certificate, birth
certificates for both spouses, valid passports, divorce or death certificates for any prior
marriages, financial support documentation (tax returns, pay stubs, employment letter),
police clearance certificates, and medical examination results. USCIS may also request
additional evidence of the bona fide nature of your marriage, such as joint financial
accounts, lease agreements, or photos together. Your attorney will provide a complete,
case-specific document checklist.
Q: What happens at the green card interview?
A: For marriage green card applicants, the interview is conducted at a local USCIS field
office (in Cincinnati, this is the Cincinnati Field Office). Both spouses typically attend
together. A USCIS officer will ask questions about your relationship — how you met, your
daily life together, your home, and your plans — to verify the marriage is genuine and not
entered into for immigration purposes. The interview usually lasts 20–45 minutes. Your
attorney will prepare you for the types of questions asked and participate with you during the
interview.
Q: Can I travel outside the US while my green card is pending?
A: Traveling outside the US while your green card is pending is risky and should not be
done without first obtaining advance parole — a travel document that allows you to re-enter
the US while your application is pending. Leaving without advance parole will typically be
considered an abandonment of your application. You can apply for advance parole at the
same time you file your green card application. Travel is not permitted until the advance
parole document is physically in your hands.
Q: What is a conditional green card and how do I remove conditions?
A: If your marriage was less than 2 years old when your green card was approved, you will
receive a conditional green card valid for 2 years rather than a standard 10-year green card.
Before the conditional green card expires, you must file Form I-751 (Petition to Remove
Conditions on Residence) — ideally during the 90-day window before expiration. You and your spouse file jointly and must provide evidence that your marriage is ongoing and genuine. If approved, you receive a standard 10-year green card.
