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Marieke H

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Everything posted by Marieke H

  1. Your intent was determined when you entered the country, and you were clearly able to show that you were planning to return home after your visit. If it comes up during your interview, the things you mentioned should be enough to demonstrate this. It sounds like you have thought this through and are aware of the consequences and the fact that your life will kinda be on hold for a while. Good luck, find a hobby or something that will keep you busy, because I can tell from experience that the long wait can drive you nuts!
  2. Just to be clear, this isn't a thing in all states. Some states (like mine) do not make you list your new surname on the marriage certificate. In those states, the marriage certificate is still a valid name change document to take on a spouse's last name.
  3. Just choose what you want to use, and be consistent in it. You don't want to end up having different official documents with variations of the last name combination.
  4. It really just depends on how you want to organize your finances and what your incomes look like. We have a joint checking account where both of our incomes are deposited and from where all our bills are paid, and a joint savings account. And then we both have a personal checking account with the same bank, and we transfer money to our personal accounts for personal purposes (and presents for each other so we don't ruin the surprise. Lol).
  5. She can probably open an account, as long as she has a SSN, but some banks may require some proof of legal status. I was able to open a personal account with my EAD and SS card, but we went to the bank that my husband was already with and opened a joint account and a personal account for me on top of his existing account.
  6. Your attorney seems pretty incompetent; I would consider hiring someone else or just do it yourself. The process is not that complicated. Your marriage certificate is proof of a legal name change. Decide which name you want to use from now on, and be consistent in using it. There is an "other names used" section in the application; make sure to include your "old" name there. Once you have your EAD or green card with your new name, you will be able to open bank accounts, get a driver's license, etc in that name. Regarding the medical: please refer to the I-693 instructions (https://www.uscis.gov/sites/default/files/document/forms/i-693instr.pdf). Starting on page 7, you will see that if you entered the country on a K-1 or K-2 visa and you are filing the I-485 within a year from when you completed your medical abroad, you do not need to redo the medical, as long as no issues were found and you have our DS3025 to submit.
  7. I agree that it is super confusing to post for someone else. That being said, there can be numerous reasons why the one person got approved and the other got denied. It could be based on the answers to the interview questions, but more than likely the decision was mostly made based on the information provided in the application. The approved person does seem to have a better profile: a higher paying job (I think, just based on the job title), being able to pay for their own flight, and visited the US in the past and left the country.
  8. I am sorry this happened to you. Did you file a police report against your employer for withholding your passport? Having a record of that might be useful if you are asked questions about the arrest and jail time.
  9. I know this is not what you want to hear, but I think it is something that you should consider... How well do you know your wife's past from before you met her? Is there any possibility that she was married to someone else (officially/religiously/etc) before you?
  10. The only correct response is the truth. Only you know what that is.
  11. You are going to need to prove that the petitioner is able to financially support the beneficiary, and the better you look financially the more likely you are to get approved. Being able to show that you have these assets, and then also having a joint sponsor, looks so much better than completely relying on a joint sponsor. I would definitely put in the effort to put the paperwork together to include your assets.
  12. It doesn't hurt to try, but I would be careful with the language you use in your request. Caregiver/caretaker/support are jobs, and you will not be allowed to work until you have your EAD. You don't want it to sound like you are going to take on a role that would normally be a paid position. Focus on his disability and how you as a spouse would be able to help him take better care of himself; don't use words like "caretaker", "providing support", etc. Good luck!
  13. The number will remain the same; it will be her SSN for the rest of her life.
  14. They will need to be interviewed in the country where they are residing, so no, they can not interview in a country where they don't live. You will need to arrange for an interpreter to go with them to the consulate and assist during the interview.
  15. I found this in a previous post and I think this makes approval much less likely: OP spent a significant amount of time in a different state (without her spouse) and even got a driver's license in that other state, which made her a resident of that other state. This, on top of not being able to answer some basic questions about the marriage, and not being able to show comingled finances, makes this a very, very weak case. While I initially advised OP to just wait and see what the outcome is, I now believe that denial is very likely. If this is a genuine marriage, it is definitely time to get a lawyer involved and see what can be done.
  16. I'm sorry that things didn't work out, but I am glad to hear that this is a well-thought-through decision. We see too many posts here by people who withdrew their petition during an argument and now regret it, but can't reverse the decision that they had made while they were mad. Wishing you all the best.
  17. I believe that you were given all the information you need to be able to withdraw, but I agree with @OldUser: please be 100% sure that this is what you want. Once you send that letter, there is no way back. You will not be able to unwithdraw the petition.
  18. Sleeping in separate rooms is not necessarily an issue; lots of couples do that for all kinds of reasons: health, snoring, different work schedules, or just being very restless sleepers. You should have just been honest about this instead of trying to make up some answer and hoping your husband would make up the same answer. The bank statement with no deposits is likely an issue as well; they want to see comingled finances, and the statement you provided clearly does not show that. Wait and see what the decision will be, but in the meantime, it won't hurt to consult a lawyer so you can be ready for any scenario. Don't worry about citizenship for now; you won't receive citizenship as long as your issues with your LPR status have not been resolved.
  19. If you don't want to answer the questions asked here, the only advice we can give you is to apply for an ESTA, answer all questions truthfully, and see what happens.
  20. Yes. But... Be aware that when your fiancé(e) is approved, moves to the US, and you marry, they will have to go through the Adjustment of Status process to apply for the green card. This needs to be done within 90 days after entering the US. This process comes with an I-864, which will require you to be at 125%. So yes, the visa may be approved if you are just at 100%, but you need to plan for what comes after that if you want to eventually get the green card.
  21. Apparently the page for Frankfurt does not specify that they handle DCF requests from people living in the Netherlands, so I would include in your request that the consulate in the Netherlands is unable to process these requests. There's a bit more information here: https://www.ustraveldocs.com/de/de-iv-visaapplyinfo.asp
  22. I know I have seen something a while ago about Frankfurt specifically handling DCF requests from people residing in the Netherlands, but I can't seem to find it right now. I think it won't hurt to include in your request that the Consulate in the Netherlands is unable to process DCF requests. I will search some more and see what I can find.
  23. This would have been so helpful to include in your initial post... The consulate in the Netherlands generally does not accept DCF requests, so contact Frankfurt. Make sure to very clearly explain the situation: you have to relocate for your job (include documentation), your spouse cannot go back to her home country (explain why: no ties, does not speak the language, unsafe), and it sounds like she will not have legal status in the Netherlands after you leave (on what kind of visa is she currently there?). I think this is a classic example of why DCF exists in the first place, and if presented well I think there is a good chance of getting approval. Feel free to share here what you intend to include in your request, so we can help you to increase your chance of success. Good luck!
  24. They fill out the DS160 to the best of their knowledge with the current situation and plans. If plans change, they will be able to explain that at the interview.
  25. You were advised in your previous posts over the past few years that in your situation and considering the consulate you are going through, establishing domicile in the US is very important. Did you do research on domicile and what you need to do regarding this? It is more than providing a relative's address; you need to show that you plan to live in the US. There are many ways to do this, but the best way is for you to move to the US now, find a place to live, find a job, get the children enrolled in school, etc. Not having a joint sponsor only makes it even more important that you move to the US and start working; your spouse will not get a visa if you can't show that you are able to financially support him. If this is not possible for you, it might be better for your spouse to look into employment-based visa options.
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