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Everything posted by Marieke H
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I would first make an effort to find the address. Google is your friend. If she really can't find the information (which is hard to believe, but okay), "unknown" is an option. But I would not want to submit an employment history with lots of unknowns.
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I-751 living in a van
Marieke H replied to Lana and Tom's topic in Removing Conditions on Residency General Discussion
I think you have a pretty decent list of evidence, especially with the insurance and joint bank account. You could consider including a letter explaining the living situation so they'll know why there isn't a lease. -
I totally agree with @mam521! We did the K-1 and absolutely regretted it. It was such a stressful, depressing start of our marriage. We got through it, but 8 months sitting at home in a new country with no friends, no job, no driver's license, while my husband worked extra hours to support both of us, was just miserable. You have a chance now to get married and file the I-130 online. Weddings are just a bit different when immigration is involved. We just did a courthouse wedding and keep saying that some day we'll do a big celebration to renew our vows, but we've been married for over 6 years now and haven't done anything. Maybe for our 10 year anniversary... 🤣
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Depending on which state you are in, he likely won't be able to get a driver's license or state ID until he has his EAD or green card. His "legal presence" is not established at the state level, but at the federal level. This is a huge downside of adjustment of status; he will be in limbo for many months just waiting. Focus on what you do have. His current form of ID is his passport; see if that's accepted to add him to your account, insurance, etc. Maybe include some wedding pictures. Really anything you can think of that shows that you are married and starting to comingle your finances. And then, while you are waiting, keep collecting more evidence that you can bring to your interview. They understand that newlyweds may not have a lot of shared finances yet, so you'll have a chance to add more at the interview.
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While I agree with everyone else that the safest option is to try to get some kind of insurance, I know from experience that this isn't as easy as it sounds. Not having insurance will not necessarily affect your AOS application, as long as you have other evidence that you can include. When I moved here on my K-1 visa, my husband had not had health insurance for many years. His employer did not offer health insurance, he could not afford plans through the Marketplace, but his income was too high to qualify for Medicaid (he was in the "gap population": income too high for Medicaid, too low to be able to afford other plans). I moved here, and there were no affordable insurance options for me either, especially because we were living on just his income for months. I was very homebound because I was just waiting for my EAD and couldn't do much, but it was still a scary situation. As soon as I was getting close to receiving my EAD I started looking for jobs and specifically looked for employers providing health insurance. I was able to get a job offer even before I received my EAD, they were willing to wait until my EAD would be approved, and I started working the day after I had received my EAD. That job came with health insurance for both of us. We had my AOS interview a few months after I had started working. We had initially filed my AOS without much evidence, but were able to bring the insurance policy and statements of our joint account to our interview and were approved. Long story short, yes you should have health insurance if at all possible. And in some states it can be very challenging or simply impossible to find affordable health insurance. Having health insurance is not a requirement for AOS, but it may help as evidence.
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Do you have someone who can help you fill out the forms and make sure no fields are accidentally skipped? While the forms are fillable PDFs, I don't think that they are very screen reader accessible, so it might be good to have some help just so you know the forms are filled out correctly. That doesn't necessarily need to be an attorney though, it can be anyone you trust.
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USCIS does not dictate how a married couple should manage their finances. Your spouse has shown that he can financially support you, and now it's up to you and your spouse to figure out what that looks like for you. Ideally, this would be something that has been discussed before you even moved her, to make sure that you are on the same page regarding these financial expectations.
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I-751Filing fee question
Marieke H replied to alegra's topic in Removing Conditions on Residency General Discussion
In this process, you are the conditional resident. "US citizen or lawful permanent resident spouse" does NOT mean "spouse of US citizen or LPR". It means "the spouse who is the US citizen or LPR". I hope that makes sense. -
Again, just refile when you're ready. You clearly weren't ready this time. USCIS has been very accommodating with your requests to postpone the oath, but now that they have asked you 3 times to please come take the oath and accept this citizenship and it has been 19 months, it is very clear that you were not ready to naturalize. The reason doesn't matter; you were not ready. Why would you want to go through the process of a hearing with all the added costs, while it is very unlikely that you will be successful? Refiling (when you are ready) will be the cheaper and easier solution.
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From your post history, it looks like you had your interview in April 2022, which is 1.5 years ago. I think you have demonstrated that you did not intend to naturalize when you filed your petition. Whatever "processing" you had to take care of should have been done before even applying for US citizenship. I agree with others; just refile when you are sure that you are ready.
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I agree that the children should have had a chance to meet and get to know each other even before there was any talk about marriage and visas. And I don't think it would be helpful for your fiancée and her children to live at a temporary place before moving in with you. They are having to leave their home to travel to a country they don't know; the least you can do is provide them a place to call home instead of a temporary place. Putting them in a temporary house will make them feel like you are not sure yet if you are going to accept them as your stepchildren. If your house is big enough to accommodate the whole family, start working with your children on making it a home for their stepsiblings. This will also help the children to get to know each other better, finding out their interests.
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Proof of Intent
Marieke H replied to Goony424's topic in Adjustment of Status from Work, Student, & Tourist Visas
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! -
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).
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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.
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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.
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B1/B2 visa approved but my partner got denied.
Marieke H replied to SJSC81923's topic in Tourist Visas
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. -
Spouse visa interview question
Marieke H replied to Bobtaylor19931's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
The only correct response is the truth. Only you know what that is.