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Everything posted by Marieke H
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So which is it? Did you already withdraw your application? Or are you considering withdrawing? If you have not withdrawn yet, don't. There are ways to lengthen the process so you may be able to delay things until you are ready to move. You seem highly confused about the different processes. You and your partner should BOTH be doing a lot of research to better understand what works best for you.
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Maybe the two of you should get to know each other first, before even thinking about engagement or marriage.
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When she initially entered as a visitor she likely would have been admitted if she had presented a clear plan: "I am entering, to get married, and then I will travel back to Canada on ... while we wait for my spousal visa to be processed." Having proof of responsibilities back home would have helped as well. I agree with others; the spousal visa is far superior. You don't need to get married in the US, you can visit her in Canada and marry there. These denials will not have any effect on her entry when she presents herself at the border with the correct visa for her visit, either a K-1 or CR-1.
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This is unofficial right?
Marieke H replied to UK to MN's topic in US Embassy and Consulate Discussion
The link you posted is the legit website for registering interview appointments, so I don't believe this is a scam, especially if you have not registered your appointment yet. -
Talk to your employer about attending meetings virtually, because I don't think you will be traveling to the US anytime soon. Many organizations have become quite good at having meaningful virtual meetings, especially since the pandemic. With an experienced lawyer, you may be able to overcome this in the future, but this is not something you can do by yourself.
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RFE i-864
Marieke H replied to Caitlyn03's topic in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
Did you include an I-864 from your husband? Even though he does not have the income to sponsor you, he is your petitioning sponsor so an I-864 from him is required. -
You seem to just want to hear that everything is fine and your visa is approved, and you get mad at everyone who is telling you otherwise. The "girl" is not who approves visas, so whatever she told you has very little value. You have a choice: you can take all the advice that has been given by very experienced VJ members and learn from it. Or you can continue to be mad at everyone and everything and get nowhere.
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I'm sorry this happened to you, but I am glad you were able to have this marriage annulled and move on with your life. I would expect a bit more scrutiny with a new petition, but that can be overcome by spending a lot of time in person with this new woman before jumping into marriage.
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Here is some basic information about tourists getting married in the Bahamas: https://www.bahamas.gov.bs/wps/portal/public/Visiting The Bahamas/Getting Married in The Bahamas. But... I know you probably don't want to hear this, but because you mentioned in your previous post that you have small children, I want this to be said. Please slow down. You have never met this man in person, have you? Spend time with him in the Bahamas. Get to know him in person. Give your children a chance to spend time with him in person and see how he interacts with them. And then decide if marriage is right for you.
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Fire that lawyer. Request a refund. You can look up your lawyer on the Virginia State Bar page (https://www.vsb.org/Site/Shared_Content/Directory/va-lawyer-directory.aspx?hkey=fb40483e-6f0d-43a8-899b-2133585a3a1e) to see if he is even allowed to practice law in your state. If you believe that there is misconduct, or the lawyer is not licensed in your state, or he misrepresented himself as an immigration consultant, you can file a complaint with the State Bar: https://www.vsb.org/Site/Site/legal-help/complaints-claims.aspx?hkey=3e73485f-8fc2-4b96-91be-db0be05e7bd9. If you have evidence that your green card or EAD were delivered at your lawyer's address but he is not giving it to you, he should be responsible for requesting and paying for a replacement. Or he should refund a large chunk of the money you paid him, so you can request a replacement yourself.
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The fact that other Irish people are bringing timelines does not mean that it is a requirement. There are a few US Consulates that include a relationship timeline in their interview checklist, and it kinda makes sense that they are asking for it in those countries. But it is not a part of the interview checklist if you are interviewing in Dublin. If you insist on creating one, I would keep it very brief and factual; they don't need a novel or an essay about how you fell in love. But again, I think it's a waste of time to even create one.
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Read the I-129f instructions. There is no requirement for a relationship timeline. You are required to describe the circumstances of meeting in person, which can be done in one or two sentences in the form (just facts: dates, location, duration of visit). And then you add evidence of this in-person visit. Some specific consulates ask for a relationship timeline to be provided at the interview, but considering that you are in Ireland you will not have to provide a timeline.
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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.