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Everything posted by Marieke H
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Harder to get approved after denial? (Merged threads)
Marieke H replied to Milou82's topic in Work Visas
Here is another complicating factor from OP's previous post: She was in the US on a B-2 last year, and likely overstayed her B-2 after applying for Change of Status to O-1B. Because the CoS was denied, I believe her attorney is wrong and she did accrue unlawful presence. -
Harder to get approved after denial? (Merged threads)
Marieke H replied to Milou82's topic in Work Visas
So which is it? -
Harder to get approved after denial? (Merged threads)
Marieke H replied to Milou82's topic in Work Visas
You were supposed to respond to the RFE with additional evidence, no legal arguments or case law. Did you review the requirements for an O-1B visa? (https://www.uscis.gov/policy-manual/volume-2-part-m-chapter-4#3). The bar is VERY high. You are not going to be approved if you are just a concert pianist who is occasionally featured in some local newspaper. You need to be nationally and preferably internationally recognized. If you are just going to present the same evidence but a bit better organized, I think it is unlikely to be approved. -
Other than the tricky situation with your recent entry, keep in mind that there is no "switching". You would need to submit a new application, with new fees. On top of that, you will not be allowed to work or leave the country until you have your EAD/AP or green card. Many people think they want to stay and apply for AOS so they won't be separated again, but they don't realize how miserable the long wait can be, in a new country where you have no social network, while your spouse will be working to provide for both of you.
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VISA process is driving me bananas
Marieke H replied to Cranberry_anon's topic in K-1 Fiance(e) Visa Process & Procedures
I missed the part where you said you had not even submitted the petition yet. From what I have seen Boundless is pretty useless. You still have to do all the work yourself anyway, so instead of following Boundless' instructions, why don't you follow the official USCIS instructions and ask questions here when you get stuck? Every form has pretty clear instructions on how to complete them. -
VISA process is driving me bananas
Marieke H replied to Cranberry_anon's topic in K-1 Fiance(e) Visa Process & Procedures
A translation of your birth certificate does not need to be done by a professional translator; anyone who is fluent in both languages can do it, including yourself. I received an RFE for a translation of my birth certificate. My birth certificate is an international birth certificate that includes a bunch of languages, including English. Every time USCIS officers see a non-English language, they automatically hit the "translation needed" button, no matter if English is included somewhere in the document. It's like they panic and can't look past the foreign language to see the English. I ended up creating a document in which I typed just the English pieces of my birth certificate. I included a statement saying that I am fluent in Dutch and English and this translation is accurate and complete, signed it, and submitted that. I have had no issues with it. -
Another One SMH
Marieke H replied to 98obs's topic in Effects of Major Family Changes on Immigration Benefits
I agree; while there may be some other evidence that can support the claim of fraud, the video does not mean much. I remember arriving in the US after a long flight. Yes, I was happy to see my husband. But I was also exhausted from the flight and the emotional rollercoaster of saying goodbye to my friends and family and getting rid of most of my belongings. I was happy to arrive, but also sad to have left what had been my home for 34 years. It definitely was not an arrival as you see in movies... 🤣 -
Dutch people, help?
Marieke H replied to Rachel n Tyler's topic in Tax & Finances During US Immigration
I moved in 2017. Getting my small retirement accounts paid out was still possible back then, but only for people who had emigrated. -
Dutch people, help?
Marieke H replied to Rachel n Tyler's topic in Tax & Finances During US Immigration
I had several small retirement accounts when I moved to the US. I just contacted each of them to let them know that I had moved, and some offered to pay me a lump sum to pay off what was in the account (of course, after deducting tax). Some are just sitting there, and they will pay out after I reach the retirement age. Just make sure you have a European bank account at that time, like a Wise account. Just contact them and explain your situation. -
I tried to look at the OP's post history to hopefully get a better understanding of the background of this case, but it looks like about 8 different people share this account, all with different types of visa applications and timelines... OP, if you want helpful answers, you will need to provide clear information. You have not even answered the question how you initially received your green card.
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For reference, this is the whole post: If you had read through the whole thread, you would see that the poster later posted an update saying that a scan of the approved I-129f was emailed to the petitioner. I think this is a consulate-specific procedure. It just confirms that everyone should always read all emails and instructions because different consulates may require slightly different documents.
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Proof of Relationship [merged threads]
Marieke H replied to Alex3132428's topic in K-1 Fiance(e) Visa Process & Procedures
Focus on the evidence that you do have, as mentioned above. Also, you do not need an attorney or agency for this. It is a pretty easy process, as long as you can read and follow instructions. -
Frustrating Interview at Seoul Embassy
Marieke H replied to cinn-sugar's topic in US Embassy and Consulate Discussion
You don't know the details of the other cases, and you have no way of telling if those cases were weak or strong. What makes them stronger than your case, is that they were all nationals of the country they were interviewing in, so background checks on them are a lot easier. Your case was not singled out because your husband is Pakistani, but your case is more complicated because the required background checks are a LOT more difficult to complete for him. This may also explain why you had to wait longer; the interviewing officer may have needed more time to review the information. The officer can request any documents that help them make a decision. These requests don't seem to have much to do with his nationality, but more with his field of work. He was VERY lucky to even get a B2 approved, considering his nationality and the fact that he is married to a US citizen. You are not singled out or discriminated against, but the fact that your husband is a Pakistani national makes the process more complicated, just like it would be if he were from any other country with unreliable government systems. -
Wife submitted Tourist Visa for her mother from Philippines
Marieke H replied to DELTAFOXTROT's topic in Tourist Visas
Exactly! OP, you might want to check what exactly your wife submitted and who she submitted it to. I hope she is not working with some kind of agent who charges her a lot of money for what is a very easy process. -
I think it is unlikely that a B-2 will be approved, considering that she has a US Citizen spouse and plans to immigrate.
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That totally depends on what they want. If they just want to visit the US, continue with the B2 process. If they want to immigrate to the US, start the CR1 process.
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I think this refers to the use of assets in the affidavit of support. An insurance policy can be used as one piece of evidence to show the estimated value of certain assets.
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This is very common for K-1 visa holders. Her ID probably had the same expiration date as her visa or I-94. Now that that has expired, she will need to wait for the EAD or green card to be able to get a new ID. She will be in limbo for a while; she has authorized stay if she has filed her I-485, but she can't really do anything because most places will not accept the I-485 receipt notice as proof of status.
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This is a problem. If she or whoever helped her filled out the form honestly and correctly, she would not have any problem answering the questions, because all she had to do was tell the truth. You don't really need a lot of preparation for a B interview, as long as the information you have already provided is correct. The interview is not heard; just a few basic questions. I would want to dig deeper and find out more details.
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GCSE/GED Conversion?
Marieke H replied to Melancholic Mage's topic in Moving to the US and Your New Life In America
I think all this really depends on where you will be living and what exactly you want to do. It sounds like you are still figuring that last part out, so I would not do anything with your certificates for now. Just make sure you bring everything with you when you move here. And just to add a little bit of my experience, because it is so different from what others have shared... I was very nervous about finding a job here. But I applied for a job when I thought I would be getting my EAD soon, and they offered me the job. It was the only job I applied for, and they were willing to wait until I had my EAD. I started at an entry-level wage, but that quickly increased over the past 6 years. You may start at a lower wage than you would like, but if you can show that you are good at what you do, there are lots of opportunities for pay raises and promotions. And my job is a state government job and I did not need to be a citizen. I also did not need to do a drug test. And I was never asked for any documentation to show the equivalency of my university degrees from the Netherlands. -
I-130 Filing Concerns
Marieke H replied to Equardo's topic in Bringing Family Members of Permanent Residents to America
I think others answered most of your questions already... Regarding the job history, it sounds like you were self-employed as an IT consultant. I would just list "self-employed IT consultant" or something like that as your job during that time instead of listing everyone you have contracted for. It sounds like they were not really employers. -
This is where your reasoning goes wrong. You are married now, so "his" money is your money too; it is your household income. From your previous thread, it sounds like your husband was really pushing for you not to go back to your home country and stay and adjust status instead. You were given a lot of information about the pros and cons of doing that, and I assume you and your husband discussed those before making the decision to file for adjustment of status. You not having any income for a while is a consequence of that decision that you made together, so now you need to figure out together how to handle your finances. I agree with everyone else: talk to your husband. This conversation should have happened before you even filed for AOS. You should also talk to your in-laws. They probably don't want you to starve yourself either. You might feel better about eating "their" food if you can offer to contribute to household chores.
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You seem extremely focused on the age difference in your questioning, but the reality is that everything else that people have been asking questions about matters. An age gap in and of itself is not a reason to deny the visa. It is about the totality of circumstances. Cultural norms, family acceptance, country, etc, all matter. And a very important piece of this is time spent together. A short 10-day visit likely won't be enough. Please have them do some proper research on the differences between a K-1 and CR-1. K-1 is not much faster and the CR-1 has so many benefits. A young man immigrating from Jordan might become very miserable having to sit at home for many months while his spouse needs to work to provide for both of them.