USCIS on K-1 employment authorization
Sep 8th 2006, 9:17 am
#16
Concierge
Joined: Apr 2001
Posts: 46,467
Re: USCIS on K-1 employment authorization
Understood as there are more countries who are not part of the VWP then are.
Not to be rebel rouser but I always felt that the K-1 was instituted mainly for those countries that needed a visa to visit the US, since there was nothing restrictive about coming here to visit and marry.
One of my old time English friends was here in the US visiting, met her husband to be, married but returned to England for the visa as it was less time consuming that way. This was back in the 70's.
Not to be rebel rouser but I always felt that the K-1 was instituted mainly for those countries that needed a visa to visit the US, since there was nothing restrictive about coming here to visit and marry.
One of my old time English friends was here in the US visiting, met her husband to be, married but returned to England for the visa as it was less time consuming that way. This was back in the 70's.
Originally Posted by Folinskyinla
Hi:
Assuming you got the visitor visa. Going to the US with intent to marry and stay is not a bona-fide "visit." That was the rub.
As I said, the solution was not all that elegant, but it worked when adjustment was a "walk-in" adjudication and who the hell needed employment authorization. Then came the 1986 IRCA and IMFA legislation and its been downhill since.
Assuming you got the visitor visa. Going to the US with intent to marry and stay is not a bona-fide "visit." That was the rub.
As I said, the solution was not all that elegant, but it worked when adjustment was a "walk-in" adjudication and who the hell needed employment authorization. Then came the 1986 IRCA and IMFA legislation and its been downhill since.
Sep 8th 2006, 12:43 pm
#17
Account Closed
Thread Starter
Joined: Sep 2002
Posts: 16,266
Re: USCIS on K-1 employment authorization
Originally Posted by Rete
Understood as there are more countries who are not part of the VWP then are.
Not to be rebel rouser but I always felt that the K-1 was instituted mainly for those countries that needed a visa to visit the US, since there was nothing restrictive about coming here to visit and marry.
One of my old time English friends was here in the US visiting, met her husband to be, married but returned to England for the visa as it was less time consuming that way. This was back in the 70's.
Not to be rebel rouser but I always felt that the K-1 was instituted mainly for those countries that needed a visa to visit the US, since there was nothing restrictive about coming here to visit and marry.
One of my old time English friends was here in the US visiting, met her husband to be, married but returned to England for the visa as it was less time consuming that way. This was back in the 70's.
The visa waiver did not come into existence until 1987 as per the 1986 legislation -- and it was a "pilot program" with a sunset date, which sometimes expired before Congress got around to causing the sun to rise again. [In the interim times -- the border people would do an interim program of actually paroling in the otherwise eligible VW people and notifying the airlines, we won't impose penalties]. I don't think the program was made permanent until 1996 or so.
And the idea was for the benefit of the American fiance -- that they didn't have to make a trip just to get married.
I haven't seen it in a while on this particular NG -- but I do recall a perception among many petitioner's that the 90 days is some type of "trial period" to see if you can live together in America -- when under the intent of passage of the law in 1970, it was nothing of the sort.
On your English friend, things were quite different back then -- there was no combined I-130/485's, but what is called DCF did exist -- and it was much quicker.
Sep 8th 2006, 1:54 pm
#18
Concierge
Joined: Apr 2001
Posts: 46,467
Re: USCIS on K-1 employment authorization
Originally Posted by Folinskyinla
I haven't seen it in a while on this particular NG -- but I do recall a perception among many petitioner's that the 90 days is some type of "trial period" to see if you can live together in America -- when under the intent of passage of the law in 1970, it was nothing of the sort.
On your English friend, things were quite different back then -- there was no combined I-130/485's, but what is called DCF did exist -- and it was much quicker.
