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Everything posted by Marieke H
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This is not how the I-864 works. Please read the instructions to understand what you signed: You are not obligated to keep her at a certain income level. You are, however, obligated to support her if it becomes necessary. If you think she may end up having to rely on public benefits, then you will want to support her financially to prevent that from happening. But keep in mind, the I-864 is a contract between you and the Government, not between you and her. It won't hurt to discuss your situation with an attorney and see what they recommend, but I definitely would not just pay her what she is asking for.
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Question about past relationship for fiance
Marieke H replied to Ethan G's topic in K-1 Fiance(e) Visa Process & Procedures
Don't overthink it, and just answer the questions. If they want to know more, they will ask. She was never legally married, so she is single. Her children were born out of wedlock. If she is asked if she has permission from the children's other parent to emigrate with the children, the death certificate may be helpful to show that she now has full custody. -
If you can get a written job offer, you can use that to request an expedite for your EAD with USCIS. Please note that if you want to contact a Congressman, you technically are not one of their constituents yet; their constituents are US citizens and to some extent LPRs, and you aren't yet. Your US Citizen spouse will need to contact them. Some Congressmen are more strict about this than others.
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I-129F NOA1 not yet received
Marieke H replied to lanza_david's topic in K-1 Fiance(e) Visa Process & Procedures
Because the I-129F is filed on paper instead of online, nothing will automatically appear in your USCIS account. Once you have your case number, you can add your case to your account. Things have been slow over the holidays. I would give it another week or two. -
I have read several experiences from people who tried to schedule new appointments and never received a notification about a new appointment, so I would definitely try to do a walk-in. Bring your original interview letter and explain that you were out of state and did not know about your appointment. Hopefully they will be able to do your biometrics. You don't want to get denied while you are out of the country.
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Planning to visit the U.S. with my girlfriend next year
Marieke H replied to azziaando's topic in Tourist Visas
Good point. Even if OP would apply right now, they likely would not have an interview until August, so that will be a bit late for a Summer trip to the US. -
Planning to visit the U.S. with my girlfriend next year
Marieke H replied to azziaando's topic in Tourist Visas
I think it is unlikely that your visas will be approved, considering your age, income, lack of ties to your country, etc. But all you can do is try and see what happens. I would recommend an attitude adjustment though. The questions and comments you received in this forum are similar to what you can expect in your interview, so make sure you are able to respond to them in a polite way without getting defensive. -
We received our NOA2
Marieke H replied to DinaBill's topic in K-1 Fiance(e) Visa Process & Procedures
I think some people in this thread are misunderstanding the question; the RFE has already been resolved and they have received their NOA2. Because things are done a little differently in Manila, I second looking at the Philippines subforum to get a better understanding of the next steps. This thread from a few months ago talks through required documents for a K-1 interview in Manila: -
They will need to get an exit permit (and likely pay a fee) from the FRRO.
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Instead of filing a complaint, it might be useful to thoroughly review what you submitted because there's obviously something missing or unclear in what you provided. With USCIS, you have to be very clear and spell things out for them. If you overwhelmed them with too many documents, they probably could not find what was really needed in the pile of fluff.
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K1 or CR1 visa?
Marieke H replied to Brooke and Bruno's topic in What Visa Do I Need - Family Based Immigration
The 90 days are not a try before you buy. By then, you will already have signed statements that you intend to marry each other, the immigrant fiancé will have packed up their live and left friends and family behind. You will have to be very serious by then. If the immigrant fiancé shows up at POE stating that they are just going to see how it goes and then decide if they are going to marry, they will be put on the next available flight home. The 90 days are to get settled in the US, make marriage arrangements, get married, file AOS. -
Can you post a (redacted) copy of Parts 2 and 3 of your I-290B? It sounds like your information there is insufficient. I agree. I normally tend to tell people that the immigration process is pretty straightforward and easy, but looking at OP's history there seem to have been several issues that they were unable to resolve. A professional looking at things may be what is needed here.
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Tourist visa from a visa waiver program country
Marieke H replied to Simon88's topic in Tourist Visas
Depends on what your goals are. If the goal is to spend some time together, this is a huge help. It means you can meet in Canada, spend time together, and maybe start an I-129f or I-130 petition. Even though she now has citizenship in a VWP country, she is still "from" Brazil. And having no ties to Germany and several denials on her record does not help. She has to be truthful about the purpose of her visit. -
Do you mean photocopies of the actual cards? I would not do that. The statements provide a much better picture of both of you paying household expenses. I would not mail a photocopy of my credit card to anyone; I would be too scared of it getting lost and getting in the wrong hands. The statements are sufficient; they don't need to see the actual cards. And as others have said, just include tax transcripts and forget about the tax returns. Good luck!
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Same case!
Marieke H replied to FlynneGrace's topic in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
You are going to have to provide her information there, because not doing so would be misrepresentation. Be prepared to explain why you did not disclose that you have a daughter during the K-1 process. -
Same case!
Marieke H replied to FlynneGrace's topic in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
I'm confused. The screenshot you shared is about adding a newborn to a K-1 application. But it sounds like you moved to the US without your child (without even disclosing that you have a child?) and are now wanting to petition for your child? Can you be more specific about your situation and question? Your message and the screenshot are 2 very different situations. -
I went through the K-1 visa process and AOS during the previous Trump administration, and nothing was really different from previous years. I don't think legal, family-based immigration will be affected much this time. Remember all those immigration fee increases a few years ago? Those were during the Biden administration. I'm not saying any policies are good or bad, but making legal immigration a lot more expensive has probably had a pretty serious effect on some families.
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K1 or CR1 visa?
Marieke H replied to Brooke and Bruno's topic in What Visa Do I Need - Family Based Immigration
If you had paid attention, you would have known that the OP is currently living with her partner in Brazil, so this does not apply to their situation at all. Also not relevant for the OP, as they are in Brazil. Your personal experience from a decade ago in the Philippines really does not add any value to OP's questions. OP, glad you decided to go the CR-1 route! Good luck! -
Video calls don't prove emotional distress caused by separation. Then "financial strain" obviously isn't a valid reason to expedite. That would only leave your single parent struggles and that would make for a very weak case for an expedite request. These requests are not taken lightly; you can not throw whatever you can come up with at them and see what they will go with. You will have to provide strong evidence that shows that an expedite is needed and you are not just tired of waiting like everyone else.
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You can certainly try. I am curious how you are going to prove that your children are already so bonded with their new stepmother that the separation is causing distress. Financial strain is tricky; you are going to have to prove that you are able to financially support the immigrant, so it may not be wise to point out that you are already struggling financially.
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K1 or CR1 visa?
Marieke H replied to Brooke and Bruno's topic in What Visa Do I Need - Family Based Immigration
I did the K-1 and would totally NOT recommend it. CR-1 is far superior. It is cheaper in the long run, and the foreign spouse is legal permanent resident upon entry and can actually start a life (work, drive, etc) in the US. If you are already living together, the Utah online marriage would be a very quick and easy way to get married and start the process. -
You think? Or are you sure? It is important to know exactly what you did, so you know what your options are. Please don't make any more big decisions without fully understanding the consequences. Yes, if you are able to visit (on a tourist visa or VWP), you can visit and get married. Then you can start the CR-1 process, go home to finish your studies, and by the time you graduate you will start to get close to having your interview at the consulate.