What if my spouse was previously denied a visitor visa — can we still file an IR-1 petition in Glendale?

Yes. Prior visitor visa denials do not bar IR-1 spouse visa eligibility, as immediate relative immigrant visas are adjudicated under different standards than non-immigrant visas. However, the consular officer will review the prior denial record during the immigrant visa interview, and any misrepresentation or fraud finding in the earlier application can create serious complications. Our Glendale IR-1 attorney reviews the prior denial notice, evaluates whether the denial involved a finding under INA Section 212(a)(6)(C) (misrepresentation), and structures the I-130 petition and consular interview preparation to address the prior record transparently. In most cases, a clean marriage record and proper documentation overcome prior visitor visa denials without issue.

What if we married while my spouse was in the U.S. on a tourist visa — does that disqualify us from IR-1 processing in Glendale?

It depends on intent at entry. If your spouse entered the U.S. on a B-1/B-2 visitor visa with preconceived intent to marry and remain, USCIS may find visa fraud under the 90-day rule, which presumes immigrant intent if certain actions (marriage, adjustment filing) occur within 90 days of entry. Marriages occurring after 90 days of entry are generally presumed legitimate, though consular officers retain discretion. Our Glendale immigration attorney evaluates the entry timeline, reviews the visa application record, and determines whether adjustment of status is advisable or whether consular processing abroad is the safer path. Many Glendale couples in this situation successfully obtain IR-1 approval, but the approach must be tailored to the specific entry and marriage dates.

What if my I-130 petition has been pending for over a year — is that normal for Glendale filers?

I-130 processing times for immediate relative petitions filed at the California Service Center averaged 12–18 months as of early 2026, though timelines vary based on case complexity and whether USCIS issued a request for evidence. Glendale residents filing through the Los Angeles field office jurisdiction typically see similar processing windows. If your petition has exceeded the posted processing time without update, our IR-1 attorney in Glendale can file a case inquiry with USCIS or initiate a mandamus action in federal court if the delay is unreasonable. Extended delays sometimes indicate background check holds or administrative processing. Issues we investigate and escalate where appropriate.

What if my spouse has a criminal record in their home country — can we still get IR-1 approval in Glendale?

Certain criminal convictions trigger inadmissibility grounds under INA Section 212(a)(2), but not all offenses are disqualifying, and waivers may be available for many grounds. Crimes involving moral turpitude, controlled substance violations, and multiple convictions with aggregate sentences exceeding five years are the most common bars. Our Glendale IR-1 attorney reviews the foreign conviction record, obtains certified court documents and disposition records, and determines whether the offense falls within an inadmissibility category under U.S. immigration law. Foreign legal classifications do not always map directly to U.S. definitions. If a waiver is required, we prepare Form I-601 applications with supporting evidence demonstrating extreme hardship to the U.S. citizen spouse, a strategy critical to waiver approval.