Visa Fraud- Using B-2 with intention to immigrate

[Troy W 0]

Actually I am more than a little pissed off at our present system. Why does the spouse of a US citizen have to go through all this #######? It is complete and utter bull sh#t. Very simply I should have to submit an affidavit of support, at the embassy, say I am taking complete responsibility for my wife’s maintenance during the visa process and BINGO a 2 year visa should be given to her. That way we can be together instead of having to be apart during this absolutely insane process.

Right now we have 3 little kingdoms that are competing between each other and all 3 are trying to show the couple who is the boss…….The consulate is the worse of all 3, with them there is NO recourse, no oversight, and no reprimand for abuse of authority.

There is NO reason in this day and age for the K1 and K3 process to take as long as it does. There is NO reason for having to supply the kind of information to immigration, Department of home land security and the embassy like we have to. Believe me any prosecutor in the country can have your whole life story, your work history, criminal history within 3 weeks from the FBI.

Quite frankly this is nothing more than the government’s way of continuing to use tax payer dollars to keep a bunch of ineffective employees off the street. Any business that had the piss pore customer support and response times like these agencies do would have been out of business before they even had the first customer completed.

[rebeccajo 14]

There really isn't a reason for the process to take so long.

But there is good reason for us and our immigrant spouses to produce the information asked of us. It's called National Security and our government has a right to be vigilant in that regard

And...your tax dollars don't pay for the process. Fees do.

The process is a pain in the butt. But it isn't and shouldn't be thought of as a 'customer service' product. We are asking our government to allow a foreign-born person to reside within the confines of a sovereign nation. We should expect due process and equity, but not fries with our burger.

[Anna and Jeff 3]

Personally I could care less and am happy they are together.

Every day I see 10-20 illegal immigrants gather at a 7-11 store a mile away from my home. They stand in the small parking lot waiting for contractors and gardeners to hire them. This has gone on for over a year and nothing happens to them. Given that, why should you or I care if someone is here and gets married on a tourist visa to a US citizen? Which is "worse"? At least the government knows the B-2 person's identity and ultimately they are going through the same process as anyone else.- Jeff

[kikm 0]

Do you think its Fraud when the couple is already married and been living out of the states for several years? Than a job opening comes up for the US citizen so they follow process at the Consulate. While they are waiting for a reply the US citizen has to leave to start the new job and with the surprise that she is pregnant, leaves husband behind. Still waiting for an answer from US Consulate. Than the husband visits and a month before the baby is born there is still no answer from US Consulate so they decided to ask the Immigration Office if they can move the process to the United States. They said yes and so the husband stayed. They still have no answer but now from the Immigration Office here.

Unfortunately, I think they can still be considered under Fraud because he stayed. Note I have paid fees from each country and translations like you would not believe. And what I pay in taxes alone helps fund these processes which I am still getting the run around!

[sara..... 371]

There really isn't a reason for the process to take so long.

But there is good reason for us and our immigrant spouses to produce the information asked of us. It's called National Security and our government has a right to be vigilant in that regard

And...your tax dollars don't pay for the process. Fees do.

The process is a pain in the butt. But it isn't and shouldn't be thought of as a 'customer service' product. We are asking our government to allow a foreign-born person to reside within the confines of a sovereign nation. We should expect due process and equity, but not fries with our burger.

well i want fries with my burger sorry i couldnt resist it lol........u know i have been a strong opinionated person on this thread against visa fraud or coming to the usa on visa for visit and getting married but at this time in my life i sure wish we had done it that way, and im starting to think that perviz and i determined to do it the right way was really not the best choice we could have made i have mellowed a lot in the last one plus years

sara

[iLoveAPolishGirl 0]

What Sara said, plus...

It certainly is not national security issue for those who can easily enter the USA on a visitor (or any other) visa or VWP, etc. It also isn't a fraud issue since those who marry on a tourist visit must still produce evidence of bonifide relationship for AOS. Likewise it isn't a public charge issue since AOS requires proof of adequate income.

So, the logic of the process ... at least for those fiance/spouses with valid passports and ability to come her to visit ... is very unclear to me. Perhaps it's to collect those fees and employ more people????

dvc

[Ed+Cindy 1]

well i want fries with my burger sorry i couldnt resist it lol........u know i have been a strong opinionated person on this thread against visa fraud or coming to the usa on visa for visit and getting married but at this time in my life i sure wish we had done it that way, and im starting to think that perviz and i determined to do it the right way was really not the best choice we could have made i have mellowed a lot in the last one plus years

sara

I see no problem with people marrying on a visitor's visa. The security checks will be done at the AOS phase anyway. Most other counties have no such thing as a K-1//K-3 visa. In most of Europe and in New Zealand, you just go there however, marry and fill for residency. Its easy and they welcome you.

K visas are redundant since most of the same processing and checks happen for the AOS. To make it a better system, for K visa holders, either the K visa or the AOS phase needs to be simplified. I personally think once someone is here on a K-1 visa, the AOS should be nothing more than mailing in a copy of a marriage certificate, period. If the government wants a full AOS phase, then make the K visa process simple and short, or just get rid of it and adjust from a tourist.

Edited April 23, 2009 by Ed+Cindy

[rebeccajo 14]

There really isn't a reason for the process to take so long.

But there is good reason for us and our immigrant spouses to produce the information asked of us. It's called National Security and our government has a right to be vigilant in that regard

And...your tax dollars don't pay for the process. Fees do.

The process is a pain in the butt. But it isn't and shouldn't be thought of as a 'customer service' product. We are asking our government to allow a foreign-born person to reside within the confines of a sovereign nation. We should expect due process and equity, but not fries with our burger.

well i want fries with my burger sorry i couldnt resist it lol........u know i have been a strong opinionated person on this thread against visa fraud or coming to the usa on visa for visit and getting married but at this time in my life i sure wish we had done it that way, and im starting to think that perviz and i determined to do it the right way was really not the best choice we could have made i have mellowed a lot in the last one plus years

sara

Sara - Situations like yours are the reason I mention due process and equity. No one should be held indeterminably and in the dark. I think of you often and hope you get a resolution soon.

What Sara said, plus...

It certainly is not national security issue for those who can easily enter the USA on a visitor (or any other) visa or VWP, etc. It also isn't a fraud issue since those who marry on a tourist visit must still produce evidence of bonifide relationship for AOS. Likewise it isn't a public charge issue since AOS requires proof of adequate income.

So, the logic of the process ... at least for those fiance/spouses with valid passports and ability to come her to visit ... is very unclear to me. Perhaps it's to collect those fees and employ more people????

dvc

Sorry but it is a national security issue. The process of obtaining a visa became much more complicated after 9/11. And even VWP entrants are subject to ESTA now.

[sara..... 371]

There really isn't a reason for the process to take so long.

But there is good reason for us and our immigrant spouses to produce the information asked of us. It's called National Security and our government has a right to be vigilant in that regard

And...your tax dollars don't pay for the process. Fees do.

The process is a pain in the butt. But it isn't and shouldn't be thought of as a 'customer service' product. We are asking our government to allow a foreign-born person to reside within the confines of a sovereign nation. We should expect due process and equity, but not fries with our burger.

well i want fries with my burger sorry i couldnt resist it lol........u know i have been a strong opinionated person on this thread against visa fraud or coming to the usa on visa for visit and getting married but at this time in my life i sure wish we had done it that way, and im starting to think that perviz and i determined to do it the right way was really not the best choice we could have made i have mellowed a lot in the last one plus years

sara

Sara - Situations like yours are the reason I mention due process and equity. No one should be held indeterminably and in the dark. I think of you often and hope you get a resolution soon.

What Sara said, plus...

It certainly is not national security issue for those who can easily enter the USA on a visitor (or any other) visa or VWP, etc. It also isn't a fraud issue since those who marry on a tourist visit must still produce evidence of bonifide relationship for AOS. Likewise it isn't a public charge issue since AOS requires proof of adequate income.

So, the logic of the process ... at least for those fiance/spouses with valid passports and ability to come her to visit ... is very unclear to me. Perhaps it's to collect those fees and employ more people????

dvc

Sorry but it is a national security issue. The process of obtaining a visa became much more complicated after 9/11. And even VWP entrants are subject to ESTA now.

thank you rebeccajo, i sure wish i had it to do all over again and could turn back time lol

sara

[R de la R 2]

There really isn't a reason for the process to take so long.

But there is good reason for us and our immigrant spouses to produce the information asked of us. It's called National Security and our government has a right to be vigilant in that regard

And...your tax dollars don't pay for the process. Fees do.

The process is a pain in the butt. But it isn't and shouldn't be thought of as a 'customer service' product. We are asking our government to allow a foreign-born person to reside within the confines of a sovereign nation. We should expect due process and equity, but not fries with our burger.

well i want fries with my burger sorry i couldnt resist it lol........u know i have been a strong opinionated person on this thread against visa fraud or coming to the usa on visa for visit and getting married but at this time in my life i sure wish we had done it that way, and im starting to think that perviz and i determined to do it the right way was really not the best choice we could have made i have mellowed a lot in the last one plus years

sara

I agree with you, but my SO considered marriage under BI/B2 visa as fraud. I am the beneficiary, so I had to wait the whole process and continue with the process when I get there.

[iLoveAPolishGirl 0]

Sorry but it is a national security issue. The process of obtaining a visa became much more complicated after 9/11. And even VWP entrants are subject to ESTA now.

I don't see how that addresses my point. Whatever security checks are done for whatever visa (or vwp) an entrant uses to enter, the point is that they can enter and stay for a specified period of time, regardless. Using a B-2 visa, for example, at entry the visitor is granted a 6 ... 12 month stay with can be extended in increments of up to six months, with no specified maximum stay. So, how is forcing someone with a valid B-2 visa to utilize a different visa process for marriage increase national security as opposed to marrying under the B-2 and then filing for AOS? Especially when this approach is perfectly valid **IF** one did not INTEND do so at the time of entry? That makes the whole process a stupid game.

dvc

[Ed+Cindy 1]

I don't see how that addresses my point. Whatever security checks are done for whatever visa (or vwp) an entrant uses to enter, the point is that they can enter and stay for a specified period of time, regardless. Using a B-2 visa, for example, at entry the visitor is granted a 6 ... 12 month stay with can be extended in increments of up to six months, with no specified maximum stay. So, how is forcing someone with a valid B-2 visa to utilize a different visa process for marriage increase national security as opposed to marrying under the B-2 and then filing for AOS? Especially when this approach is perfectly valid **IF** one did not INTEND do so at the time of entry? That makes the whole process a stupid game.

dvc

Well put. I agree with you 100%

It would be a different story if the AOS process did not do all the checks done under a K-1.

I only think a K-1 should be used for people who can't otherwise get a visa (or VWP) to the US.

If someone can enter the US on WVP or a B1/B2, they are already cleared, as far as security it concerned.

If I knew what I know now in the past, I would never have applied for a K-1 visa (we are stuck in security checks @ 6 months....never mind you my fiance is from a WVP country and also had a 10 year B1/B2).

The INTENT makes the whole things a mind game...its not up to facts, but how an immigration (or CBP) officer feels that day. No one can presume to know another's intents, yet they try to.

[rebeccajo 14]

I don't see how that addresses my point. Whatever security checks are done for whatever visa (or vwp) an entrant uses to enter, the point is that they can enter and stay for a specified period of time, regardless. Using a B-2 visa, for example, at entry the visitor is granted a 6 ... 12 month stay with can be extended in increments of up to six months, with no specified maximum stay. So, how is forcing someone with a valid B-2 visa to utilize a different visa process for marriage increase national security as opposed to marrying under the B-2 and then filing for AOS? Especially when this approach is perfectly valid **IF** one did not INTEND do so at the time of entry? That makes the whole process a stupid game.

dvc

Well put. I agree with you 100%

It would be a different story if the AOS process did not do all the checks done under a K-1.I only think a K-1 should be used for people who can't otherwise get a visa (or VWP) to the US.

If someone can enter the US on WVP or a B1/B2, they are already cleared, as far as security it concerned.

If I knew what I know now in the past, I would never have applied for a K-1 visa (we are stuck in security checks @ 6 months....never mind you my fiance is from a WVP country and also had a 10 year B1/B2).

The INTENT makes the whole things a mind game...its not up to facts, but how an immigration (or CBP) officer feels that day. No one can presume to know another's intents, yet they try to.

They aren't the same checks. They are different.

Sorry but it is a national security issue. The process of obtaining a visa became much more complicated after 9/11. And even VWP entrants are subject to ESTA now.

I don't see how that addresses my point. Whatever security checks are done for whatever visa (or vwp) an entrant uses to enter, the point is that they can enter and stay for a specified period of time, regardless. Using a B-2 visa, for example, at entry the visitor is granted a 6 ... 12 month stay with can be extended in increments of up to six months, with no specified maximum stay. So, how is forcing someone with a valid B-2 visa to utilize a different visa process for marriage increase national security as opposed to marrying under the B-2 and then filing for AOS? Especially when this approach is perfectly valid **IF** one did not INTEND do so at the time of entry? That makes the whole process a stupid game.

dvc

I'm guessing you are assuming that there are no security checks run on a B2 visa applicant?

There are.

[iLoveAPolishGirl 0]

I'm guessing you are assuming that there are no security checks run on a B2 visa applicant?

I'm not guessing anything. I'm well aware of the B-2 process, as my fiance went through it just last fall.

I KNOW there are security checks. Although irrelevant to my main point, that only reinforces my entire argument!

dvc

[iLoveAPolishGirl 0]

It would be a different story if the AOS process did not do all the checks done under a K-1.

I only think a K-1 should be used for people who can't otherwise get a visa (or VWP) to the US.

If someone can enter the US on WVP or a B1/B2, they are already cleared, as far as security it concerned.

If I knew what I know now in the past, I would never have applied for a K-1 visa (we are stuck in security checks @ 6 months....never mind you my fiance is from a WVP country and also had a 10 year B1/B2).

The INTENT makes the whole things a mind game...its not up to facts, but how an immigration (or CBP) officer feels that day. No one can presume to know another's intents, yet they try to.

I agree completely. And I'm very sorry to hear of your situation! I hope it is resolved soon!!

Yes, AOS is both redundant and more comprehensive Meanwhile the applicant is in country at that time!!

Has your fiancee tried entering under the B-2 to visit you. If she can get past POE, then at least you could be together for the remaining time :)

best of luck!!!

dvc