slummymummy

Did they ask you at the interview about when you entered and what your intentions were? And what did you say? (just curious) I can imagine you must have been stressed out!

Forgot to say, sorry about your dad... Good that you were able to go and see him.

Waiting time for K-1 and CR-1 are about 8-10 months. I don't understand why! It's crazy really! Employ some more people ffs. If it was a short waiting time then I don't think as many people would abuse the VWP-marriage-AOS route. It would (mostly) only be genuine cases like yourself who really had no intention to stay.

Immigration can be cruel! But yes I know we make our own choices. At least us adults.

LinkTen

A little off topic, but as we're talking about kids growing up in the US, the BBC ran a documentary a few days ago about America's poor kids. Thought it was a great watch (if you've got VPN and can access iPlayer in the US).

http://www.bbc.co.uk/iplayer/episode...cas_Poor_Kids/

becks_r

Thanks about Dad - it certainly wasn't what I was expecting when I went back to the UK for those 2 weeks

They didn't actually ask about what my intentions were, but they did ask when did I arrive this time and if the marriage date was a significant one for us, which I think would have rung alarm bells if we had said it did. When they asked about the date, it came out then that my husband had been going through a very long and difficult separation agreement with no divorce date in sight and when suddenly it all fell into place and we thought - we can get married - well I think it was obvious that no planning had happened. We also could give receipts to show we brought my dress the day before and the flowers that morning!!!! Not prepared at all....

jeffreyhy

Simple answer? Stop and think for a minute why waiting times are what they are, and what it would take to shorten them.

Regards, JEff

Noorah101

Because there are so many cases in line ahead of yours.

Then the immigration fees would go up even more.

Rene

ian-mstm

These people knew what they were getting themselves into. Their choice.


I agree with this.


There should be no exceptions. They chose to overstay... and they should live with the consequences of that decision.


I disagree. Once someone is given priority because of a life situation, you end up discriminating against everyone else. It's the beginning of the slippery slope.


I don't know about "could"... but it "should" be allowed. I really, really hope that DOMA will be ruled unconstitutional.


This visa would be a complete waste of time and effort. If any visa had the potential for abuse... this'd be it.


I don't believe it has anything to do with the Constitution... but I could be wrong!


I'm 50/50 on this... but marginally leaning towards agreement.


I disagree with this - but only until both parents are dead. I have nothing against the children... but they should be furious as all hell with their parents. The parents should be made to suffer for the grievous injustice brought upon the children... and that means leaving the children with no path to citizenship. The parents should be tormented until the day they die - but once dead, the children should be allowed to move forward with some sort of legal status.


Yes, I agree.

Ian

slummymummy

Wow... so many points to reply to.

Does anyone agree though that IF waiting times somehow could be made shorter for marriage based immigrant visas, the abuse of VWP-marriage-AOS would probably be less?

Rene, I did think that (about fees being higher) but I didn't write it because I wasn't sure. Still not convinced even though it could be partly true.

Jeff, no I don't know why it takes so long. It seems work visas can be done very quickly, why is it so different with marriage visas?

And since Ian mentioned discrimination again, is work more important than marriage?

You will say but they are different categories! Ok, that's why I suggested to create a category "KID-1" for kids who are kept apart from a parent.

Ian, yes the E2 people knew what they got themselves into but I still think it's not right that they are one of few visa categories with no route to a GC. Especially after the good they do to the country. Like I said before there are petitions, websites and people talking to politicians etc about this, so hopefully things will change for the better for this category.

Ian didn't you come to Canada as a child with your family? How would you have liked it if you were kicked back to the UK when you turned 21? But you'll probably say that was the choice your family made so you would have to suffer the consequences........

I agree that the "try living together" visa would be open for abuse, but it was a nice thought!

Moral turpitude is to do with the constitution, or at least I think I just read so in my study material for the naturalization test!

I partly agree with you with regards to the illegal immigrants. Maybe just the kids should be able to get GC when they turn 18 but not the parents. The kids are innocent, the parents made the choice as you said. I still feel bad for them though!

(Maybe because I was once an illegal immigrant myself... not in the US though!)

Noorah101

No, I don't agree, because there will always be those who want to be with their loved one IMMEDIATELY, rather than the couple of months it would take (which is faster than the current 8 months) to get the proper visa.

It's fully true, because the money to pay the staff at USCIS comes from the fees USCIS charges for its various forms.

Because there are so many more ahead in line with marriage based visas. Why do you think it only takes 8 - 10 months to get an immigrant visa for a spouse, but it takes 10 - 12 years to get an immigrant visa for a sibling? Because there are only a certain number of visas allowed per year for siblings, and it makes the backlog grow each year.

Work visas are temporary, immigrant visas are permanent. That makes a huge difference. Heck, a visitor visa can be obtained in a month, right? That's because it's temporary and there's nothing to the process.

Rene

slummymummy

Well I was considering abusing the VWP-AOS because at the time we didn't want to wait 6-8 months for a visa (through DCF London). If the expected waiting time had been a couple of months I would never even have considered anything else! I didn't say no one would abuse it, I said the abuse would probably be less with shorter waiting times for visas.

And I still don't get why the waiting times have to be so different. Except for the medical not needed for work, they still do a lot the same. Unless of course it's because the marriage based applicants send too much lovey dovey stuff... maybe that's what's causing the backlog.

slummymummy

Rene - would you change anything if you were in charge? Or do you think it's all good like it is? Or do you just not waste your time thinking about it?

Ian - I didn't know about this DOMA thing. Just reading about it, very interesting.

Edit: Just thought of this. If the USCIS employed more people they would be able to process more visas (obviously) and they would therefore be paid more fees, without having to raise the fee for each application. But what would be dangerous for them is if they completely clear any backlog and have people sitting there with no work to do! Then they might have to raise the fees. Or fire the extra employees.

retzie

Sorry, I'm going to have to strongly disagree on this one. This level of significance on a qualification would place a huge burden upon universities. You are effectively making the university the arbiter in this person's permanent immigration future. The potential to corrupt the education process would be overwhelming. It is difficult enough when poor grades I give affect a student's F-1 visa (and some of the appeals I hear are certainly very theatrical). If (lack of) progress would hinder a greencard, there is absolutely no way universities are equipped to broker this situation. Immigration matters should be dealt with by the relevant authorities.

Even the points system in Australia is abused, typically by international students undertaking Australian Masters in areas in which they are already substantially qualified. There is absolutely no benefit to their education, only a negative impact on their 'genuine' classmates (local or international). As an educator, I would like immigration laws to limit the benefits of this kind of mercenary behaviour.

Noorah101

My philosophy is that it is what it is, and I don't think about how to change it.

Back when we were doing the K-1 process, I saw all the people from Europe getting through the process in 10 months or so. Ours took 14, because the case had extra security checks because of Sadegh being from Iran. I was jealous of everyone else flying by me in the process while we were stuck at NVC, but what can you do? Just be happy for those who are progressing, and then be happy when yours does, too.

I think this theory is faulty. The number of cases isn't going change that much from what it is now. (Just because there are more workers doesn't mean there will be more cases.) It's not the visa fees we're talking about here, either (for example, a VWP --> AOS case doesn't have a visa fee at all. It's the USCIS fees which pay the USCIS workers salaries. The USCIS case load remains pretty much the same from year to year (yes, there have been some very high and low peaks, but it's unpredictable). So, if USCIS hires more employees, but doesn't raise any of the application fees, where will that money come from? More people aren't magically going to start sending in I-485's and I-130's and I-129F's and I-751's and N-400's.

Rene

RICH

Visa rules, as such, are only in place as tools to facilitate immigration policy.
I have heard that immigration policy is under review. If policy changes, ALL visa rules could change. Otherwise we are just debating red tape. (which we can all agree is frustrating).

You cannot change the rule that it takes 10 months to process a CR! for example, as that is not the rule, it is just a consequence of the policy..

ian-mstm

Good, we agree.


Then people should choose a different visa. Just because someone gets a visa to the US, it doesn't necessarily follow that the US is obligated to put up with them on any sort of permanent basis! US immigration law is specifically designed to keep non-US citizens out of the US unless they fall into one of several narrowly-defined exceptions. I embrace that policy. Indeed, I'd like to see the end of the EB-5 category.


Yes - I was not quite 6 years old at the time.


I probably wouldn't have liked it at all... but I was not brought illegally to Canada - and therein lies the difference.


If truth be told, it was my father's choice... and he has long since paid the price for that decision.


Well, we each have to live with our own demons!

Did you see the movie Amadeus? Emperor Joseph II said something which I believe is applicable here: "You are passionate... but, you do not persuade."

Ian

slummymummy

Rene - I hear what you saying but it could depend on when in the process the visa fees are paid. It could be that if a few more people are employed to be working on cases they might get more money paid sooner and it would work, as long as they're not clearing the backlog too fast! I could be wrong though and probably am. Nevermind.

I was talking about the E2 kids here, not the "illegals".

Well it's not really my demons, haha, I just remembered about it. Before Sweden joined the EU I was in England illegaly for about a year when I was 19. It was a choice I made because I loved being there! Lucky for me it worked out. Sweden joined the EU and I was allowed to live there for real!

Anyway, it was fun discussing with you. Passionate? Yes I can be but right now I need to Persuade my kids to get ready for school.