HunterGreen

MarsBar,

So basically what you're saying is it shouldn't be allowed because there are others who have to go through a more difficult procedure, and because of that it wouldn't be fair?

Elaine

MarsBar

I have done nothing to label you so I would appreciate the same kind of respect. I am very aware that everyone has their own unique circumstances and that no one can fit cleanly into a box of the same shape, size and color. I also believe in the kindness and honesty of others and therefore do not assume that everyone attempting to get a green card or visa is doing so with bad intentions.

I am not going to say that your case was clear cut or simple, as I do not know your history nor your husbands and cannot make such short-sighted assumptions based on your brash quip. But I can say that I dont think it is unfair to ask that if some people must face seperation for some time during their application process (ie the immigrant-to-be has to return to their country of residence while the proper visas are being applied for) that ALL visa / GC applicants face the same situation.

Rete

Just like it shouldn't be that someone who is here illegally on overstay for 20 years can up and adjust status one day because of a law passed by Congress to allow them to legitimatize themselves or they Opps fall in love with an American (which is really hard to do being that they live in America, DUH)

Lots of loopholes in the immigration system and lots of them are not available to US Citizens or their spouses but to LPR and illegals but then there are two or three that a USC can use that others cannot.

MarsBar

DCMark

Hell yeah! Anyone thrown a curveball by life needs to be accomodated right? So lets think about the curveball thrown to a poor Mexican laborer. Three kids, makes $4 a day. Thats on HELL of a curveball right? So he should be allowed to immigrate and even skip the line right? Where does it end?

Ray

Come on DC ...4 more post and get to that 1000 mark... I will give you a bit of Karma for it ..

MarsBar

My point is that there should be standardization across the board. If the standard were to be a truly legalized version of the VWP / AOS proceedure (ie, its ok to say thats why youre coming to the US rather than having to lie), and thats the way everyone could file, than so be it!

iniaki

He was 24 when he came here and no it wasn't hard to sell his possessions because he didn't have any. He lived with his parents. And it may seem strange to many that at his age, he didn't own many things, but that is just the way it is in South America. People typically stay with their parents till they marry, even older than 25. Also, he worked for his dad.

Ray

Well actually No!!! If everybody did it a correct and simple way ...The system would overload .. this way its spread about a bit...

Rete

Shades of LeLe here ... it is the same disbelief and arguments that have been going 'round on this forum since its inception in February, 1998.

Yes it seems unfair. And for those that are waiting for approval and the right to enter the US legally to marry and/or to live with their spouse, it is difficult to sit back and see others walk territory that is barred from you.

That's life. There is little in life, if anything, that is fair and just. There is nothing in life that allows the just to prosper and the unjust to suffer.

You work with what you have and go by the rules as they fit your situation in the area of immigration to the US. It is not that the rules are inflexible or flexible just that the rules and regulations are set for for variances in circumstances and situations.

If you think that those who entered the US with a formal tourist visa and/or under the Canadian (our border is invisible come across any time you wish with only a nod and a hand shake) or the VWP for participating countries are given preferential treatment in that they are allowed to marry when here and remain to adjust, then add a little more knowledge and experience of others to your thoughts. There are many who when at the AOS interview in the US have been found to have committed fraud at the POE when entering and have been denied adjustment of status and sent back to their own countries. So anyone who goes this route had better be careful to dot their "i"s, cross their "t"s, and be sure that they can back up their words uttered at the POE with cold hard fact if they are asked to produce evidence that they did not enter the US with the sole intent to marry and remain.

Rete

Ray

As I said Whoopee your case is genuine ... but why did you not file the I-129f when he first went back.....

Rete

Life is not standardized ... why should immigration be?

The issue you are upset with is a benefit to a spouse of a US citizen. As a US Citizen the USCIS makes allowances for some of the actions of their spouses, i.e. marriage under a tourist and/or VWP when the marry occurred without preconceived intent, illegal work and overstay. Do you want to have all those spouses who lived and worked in the US without proper visas and authorizatio to be removed and banned as well?

MarsBar

hehe. I guess a functioning immigration staff WOULD be too much to ask for. London Embassy seems to have it down tho! Processing ON the day! Nebraska should take a lesson

iniaki

I did not disrespect you. You posted that that it shouldn't be allowed for VW entrants to adjust status, I am simply informing you why USCIS does allow them to adjust. I am letting you know that there are situations where it isn't unfair. Maybe then, blanketed statements wouldn't be made. I am sure you do not know my situation or for that fact anyone else's situation on those who entered on VW and are adjusting status. I am also not naive to think that many people enter on a VW with the intent to stay, but I am also sure that many don't!
From reading these posts, I can see that many people think it shouldn't be allowed. That it's just not fair. But I am living proof that it is fair. Because it happened to me. So maybe, just maybe, instead of wanting the law changed to NOT allow VWs to adjust, why not adjust the K1 process so that it would not be so hard on those people. Wouldn't that make more sense?

HunterGreen

Standardization. So everybody who wants to obtain a green card should have to go through the same procedure? That should be fun. If you think the wait is long now, you're going to enjoy the waiting times then.

What about people from countries who are not eligible to use the VWP? What about H1b's? To only mention one visa-category.

My real point about asking these questions however is to see if people who are able to do the so-called 'DCF' will get heat for being able to become a permanent resident so fast.

Adjusting status from the VWP is not interesting at all for someone from The Netherlands, for example. People in Amsterdam are getting approved left and right in 45-60 DAYS. That is from filing until walking out of the airport stateside with temporary evidence of permanent resident status in hand.

Just wondering how soon people are going to start shouting about how unfair that is, because ''it's not what AOS'ers on a K3 or K1 go through''.

Yes, 'DCF' is legal. So you're going to say you don't care about that. But, adjusting from the VWP if one didn't enter with the intent to do so, is also allowed. If people manage to prove this non-intent at their AOS interview, then why would you care?

Elaine