Debate on why there is a petition stage for an Immigrant Visa
#1
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Debate on why there is a petition stage for an Immigrant Visa
Now, if the USC wanted to avoid getting caught out for child suuport, outstanding arrest warrant etc, all he'd have to do is change his name legally. If the US is the same as the UK, then previous names do not appear on the passport (I don't think MIL's maiden mame does). Thus they would only check the name on the passport. (I could be wrong and there could be a central register of all name changes but more than likely as it is a state-by-state thing, like marriage, there is no such thing to be able to check, same as the UK).
So, they want the UKC (or other foreign nationality) to provide a long form birth certificate and marriage certs/deed polls etc, so they can check on all names they have been known by, but not the USC?
#2
Re: A Couple of Questions re filing the I-130
The petitions require the USC to provide "Other Names Used" for themself as well as for the alien. Misrepresentation, if discovered, carries severe consequences - often more sever than whatever it was that was misrepresented.
The purpose of the petition is to establish that a relationship exists between the petitioner and the beneficiary - a relationship of a type that qualifies the alien to apply for an immigrant visa (I-130) or a non-immigrant K visa (I-129f). Perhaps in the UK this step is rolled into the visa application itself.
Regards, JEff
The purpose of the petition is to establish that a relationship exists between the petitioner and the beneficiary - a relationship of a type that qualifies the alien to apply for an immigrant visa (I-130) or a non-immigrant K visa (I-129f). Perhaps in the UK this step is rolled into the visa application itself.
Regards, JEff
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Re: A Couple of Questions re filing the I-130
The purpose of the petition is to establish that a relationship exists between the petitioner and the beneficiary - a relationship of a type that qualifies the alien to apply for an immigrant visa (I-130) or a non-immigrant K visa (I-129f). Perhaps in the UK this step is rolled into the visa application itself.
Regards, JEff
Regards, JEff
#4
Re: A Couple of Questions re filing the I-130
Checking the information doesn't take 5 months. What takes 5 months is waiting in line behind thousands of other people to get your information checked.
Regards, JEff
Regards, JEff
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Re: A Couple of Questions re filing the I-130
#6
Re: A Couple of Questions re filing the I-130
Because then it would be too late. The marital relationship needs to be established (by viewing the marriage certificate) *before* the beneficiary will be allowed to apply for a visa.
Also, two different agencies are involved. USCIS is the agency that handles the petition, checking the documents to establish the marital relationship, and approving the petition. Dept of State (DOS) is the agency involved in issuing a visa. The ConOff works for DOS, but it's USCIS' job to check the marriage certificate.
Rene
Also, two different agencies are involved. USCIS is the agency that handles the petition, checking the documents to establish the marital relationship, and approving the petition. Dept of State (DOS) is the agency involved in issuing a visa. The ConOff works for DOS, but it's USCIS' job to check the marriage certificate.
Rene
#7
Re: A Couple of Questions re filing the I-130
Because the law wasn't written that way.
Don't ask why not - I don't think anyone here at BE was a member of Congress at the time. But there is some logic to determining whether or not a person qualifies to apply for a visa before letting them apply.
Regards, JEff
Don't ask why not - I don't think anyone here at BE was a member of Congress at the time. But there is some logic to determining whether or not a person qualifies to apply for a visa before letting them apply.
Regards, JEff
#8
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Re: A Couple of Questions re filing the I-130
It does seem daft though. If you get them to pay the fee upfront, then if they DON'T qualify at the time of the interview, it will be their fee they've wasted. Besides, I really doubt many people would apply who don't qualify, as it would just be a waste of their time and money when they were turned down at the interview.
Just out of interest, do any other countries have a 'petition' stage? The UK doesn't, you just fill in and submit the application form and pay online, book a biometrics appointment, go to that, submit your original documents by courier, and usually a few days later the visa is issued. It doesn't usually take more than a couple of weeks from start to finish. The US process seems stone age in comparison.
How about Canada and Australia? Do you have to 'apply for permission to apply' there?
Just out of interest, do any other countries have a 'petition' stage? The UK doesn't, you just fill in and submit the application form and pay online, book a biometrics appointment, go to that, submit your original documents by courier, and usually a few days later the visa is issued. It doesn't usually take more than a couple of weeks from start to finish. The US process seems stone age in comparison.
How about Canada and Australia? Do you have to 'apply for permission to apply' there?
#9
Re: A Couple of Questions re filing the I-130
It does seem daft though. If you get them to pay the fee upfront, then if they DON'T qualify at the time of the interview, it will be their fee they've wasted. Besides, I really doubt many people would apply who don't qualify, as it would just be a waste of their time and money when they were turned down at the interview.
Rene
#10
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Re: A Couple of Questions re filing the I-130
You'd be surprised how many people probably apply who don't qualify. Don't forget, the I-130 is not just for spouses, but for ANY family-based immigrant visa (parents, children (including step children), siblings, spouses). So, the I-130 goes through the petition phase to make sure that the USC (or LPR in some cases) qualifies to bring over that particular family member at that time. Otherwise, why bother going through a more complicated visa application process, when there's no point, as they don't qualify to even GET the visa?
Rene
Rene
#11
Re: A Couple of Questions re filing the I-130
Rene
#12
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Re: A Couple of Questions re filing the I-130
Respectfully, people aren't killing themselves for the chance to get into the UK, Canada, or Australia. Many people would kill, literally, for a chance to get to the US... or would die trying.
Your comments demonstrate an unrealistic and naive understanding of US immigration.
Ian
Your comments demonstrate an unrealistic and naive understanding of US immigration.
Ian
#13
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Re: A Couple of Questions re filing the I-130
Well it makes no bones to me if it takes 25 years for people to get US spouse visas or if they even abolish them. I just don't think someone could be mistaken in thinking if they are a USC and they marry a foreigner that they 'might not' be eligible to apply for a visa and be 'disappointed' to find that is not the case. I think the US Immigration system COULD be streamlined, but there is no incentive to do it because the US could care less how long it takes. And 'respectfully' people would and have died trying to get to the UK (frozen on aeroplane wheels, suffocated in lorries etc) and the US does not have a monopoly on that. Ask any of the people camped at Sangette outside Calais who've crossed the borders of loads of other countries trying desperately to get to the UK.
I know however that most regulars on this forum would defend US Immigration if they brought in a new rule that you need to donate a kidney to get a green card, because US Immigration is 100% perfect and there is not a thing that could be bettered about it.
I am done with this thread.
I know however that most regulars on this forum would defend US Immigration if they brought in a new rule that you need to donate a kidney to get a green card, because US Immigration is 100% perfect and there is not a thing that could be bettered about it.
I am done with this thread.
#14
Re: A Couple of Questions re filing the I-130
Plus, I think I was just pointing out that the I-130 is used for many other family-based immigration scenarios, so it's not really possible to separate out the spouse ones from the other ones, ahead of time...that's why everything goes to USCIS first, to see who is eligible and who is not.
It's just because of the large backlog of I-130's in the system that it takes 5 months to get around to your particular case. There are a gazillion other I-130's (not all of them spouse cases) ahead of you.
Rene
#15
Re: A Couple of Questions re filing the I-130
Well, Ms Squirrel, believe it or not, there are foreigners who would marry a US citizen solely because it is the easiest way to immigrate to the USA. And there are US citizens who would marry such foreigners for the money they are offered to do so.
Such marriages do not qualify the foreigner to immigrate to the USA.
So the question is - what type of marriage is yours? And what type of marriage are all those others?
Regards, JEff
Such marriages do not qualify the foreigner to immigrate to the USA.
So the question is - what type of marriage is yours? And what type of marriage are all those others?
Regards, JEff
Well it makes no bones to me if it takes 25 years for people to get US spouse visas or if they even abolish them. I just don't think someone could be mistaken in thinking if they are a USC and they marry a foreigner that they 'might not' be eligible to apply for a visa and be 'disappointed' to find that is not the case.