Visa Fraud- Using B-2 with intention to immigrate

[Ed+Cindy 1]

Sorry Rebbecca, by ruined us, I did not mean that it ruined our relationship. I meant it damaged us individually, in the same way a dog would be damaged if you continued to beat it day after day.

Cindy and I are still a very strong couple, maybe more so because of the hardships forced upon us.

Ultimately, I made a mistake returning to this country recently. It changed too much in the time I was gone and is no longer a welcoming place, even for its citizens. While I am an American technically, I no longer relate to America or have a sense of pride for what it has become.

I think those that get through the system without problems don't understand how broken it is....especially those that have not dealt with other countries immigration.

Edited April 27, 2009 by Ed+Cindy

[sara..... 371]

Sorry Rebbecca, by ruined us, I did not mean that it ruined our relationship. I meant it damaged us individually, in the same way a dog would be damaged if you continued to beat it day after day.

Cindy and I are still a very strong couple, maybe more so because of the hardships forced upon us.

Ultimately, I made a mistake returning to this country recently. It changed too much in the time I was gone and is no longer a welcoming place, even for its citizens. While I am an American technically, I no longer relate to America or have a sense of pride for what it has become.

I think those that get through the system without problems don't understand how broken it is....especially those that have not dealt with other countries immigration.

i think ur right about immigration being broken in the usa, for india i pay a fee get my ten year visa no problem, almost two years we have been waiting for noa2, should be simple isnt, and ur right about it being very difficult physically and emotionally, perviz and i have sure found out a lot about each other over the past years (since i was 18), this process had brought my blood pressure to the point that i almost died, im not gonna say that it would no have happened later on down the road because it most surely would have given my health conditions, how ever for a 22 year old to have that high of blood pressure and the doctor saying get rid of ur stress.........come on the immigration system in our country is so broken they can not even tell u what is going on because they them self have no idea of that im positive,

if there was a way to make the system held responsible for this type of intolerable behavior i believe it would resolve a lot of the problems people are having.

and they have the actual gutts to treat u like ur not worth talking to after u have waited so long? being rude, telling u that another supervisor did not tell u to send this or that information, making u feel like ur in a dead zone with no way out, truthfully i could really watch a horror film with out as much fear as just the simple letter csc gives me

anyways just my opinion.

i hope u get ur noa 2 fast, ur in my prayers and may God help everyone of us going thru this intolerable, ridicules excuse of immigration practice of the USA.

sara

Edited April 27, 2009 by estadia

[Ed+Cindy 1]

Thanks Sara...I'm a bit harsh at times cause I am so pissed off by this process...I can't imagine waiting as long as you have.

New Zealand is heaven for immigration compared to the US....same as India in some ways I bet. You file the papers, and people actually do their job and respond soon after.

(Cindy and I decided a while back that if we don't have an NOA2 by the end of summer, I am moving back to NZ and we'll go for a CR-1 later down the road)

[daboyz 36]

I read somewhere this whole process takes 30 days in the E.U. I wonder how they can do it so quickly, but it takes the U.S. a year.

[Ed+Cindy 1]

I read somewhere this whole process takes 30 days in the E.U. I wonder how they can do it so quickly, but it takes the U.S. a year.

Takes about the same time (a month) in NZ from what my friends who have sponsored partners there tell me.

I applied for permanent residency in New Zealand based on my work experience (skilled migrant) a few years ago. Every time I was instructed to return paperwork, it was processed that day or the next. Renewing my resident's visa from a two year to indefinite (same as 'removing conditions on a Green Card here) took 3 days, including time to courier the forms there and back. No kidding, I mailed it on Monday and had it back Thursday.

Edited April 27, 2009 by Ed+Cindy

[sara..... 371]

Thanks Sara...I'm a bit harsh at times cause I am so pissed off by this process...I can't imagine waiting as long as you have.

New Zealand is heaven for immigration compared to the US....same as India in some ways I bet. You file the papers, and people actually do their job and respond soon after.

(Cindy and I decided a while back that if we don't have an NOA2 by the end of summer, I am moving back to NZ and we'll go for a CR-1 later down the road)

well in reality all we did was go in the morning give our passports pay the fee for ten year visa then pick them up that after noon........of course ur suppose to leave every six months but once ur in india u can apply for the resident visa and that is not hard to get but just in case u dont do that u can leave for a few days then return. every six months ur required to leave for a few days, so what in the world csc is doing to us is mind boggling

sara

[kcoyclay1 98]

Just wanted to know your thoughts on couples using a tourist visa to get married in the U.S. and being able to apply for AOS, EVEN when they did have ALL the prior intention to use the tourist visa to immigrate to the U.S. permanently.

It just upsets me sooo much everytime I hear of someone else taking this "shortcut" and getting away with it! I just had a discussion with some guy in another forum on this subject and he was so cool about it, he said they'd rather take the risk of being accused of visa fraud, because "the K-1 route is too long and does not adjust to their plans", and he disagrees with the immigration laws! What the heck???!!!!

Don't you all feel like everytime they let someone get away with this, it's like a slap on the faces of those of us who chose to do the righ the thing?

Would they ever change the regulations so it's not possible to apply for AOS if you got married on a B2? Or even if it remains possible why don't they put these couples to a stronger scrutinity? I've heard many people doing this, and not having ANY sort of problem during the interview! Some of us who chose the legal way, had a harder time on our interviews than they had!

It is just soooo upsetting! And so unfair! I come to VJ every day, and see so many couples dealing with all the pressures and stress of interviews at the Consulates, and hear their stories about the CO's putting people on reviews, or calling them for a second interview or even getting denied for stupid or not valid reasons, and on the other hand I see all these law breakers, using the B-2 route to immigrate and getting away with it, and it just irks me!!!

Wow, I am guess I fit in the category you guys are talking about then as I came here on a B1/B2 visa. Now there are ways of looking at what you are saying and I wish to address them.

(1) USC meets SO online. SO has a B1/B2 visa. Should SO then travel to the US, stay for a while, get married and adjust? That is considered visa fraud because they are by-passing the K1 route but does HS want to go through each person with a visitor's visa who have stayed longer than the time considered as visa fraud and refuse them adjustment? I don't think they ever will.

(2) USC meets SO in the US. For whatever reason SO had overstayed their B1/B2 visa. Maybe they came to the US as a child and somehow never adjusted. If they return to their country a ban would be issued and they would have to wait 10 yrs for it to be lifted. Would USC and SO want to wait 10 years start their life together? I don't think so.

There is a rule for K1 and another rule for immediate relatives. The time it takes for K1's to get a visa has nothing to do with the adjustment of an immediate relative. One is a visa approval and the other an adjustment approval and one has nothing to do with the other.

You may say that because I am adjusting from a B1/B2 why I am taking sides but I am looking at it as the USCIS sees it. If intent can be proven then a denial should be given but if not then they ARE going to allow the adjustment if the marriage is proven bonafide.

I came to the US for cancer treatment as I was told by doctors in my country that I was going to die. While undergoing treatment I met a USC and trust me I was not here for a relationship. We went out a few times and started dating. By then I had overstayed because I refused to return to my country without first making sure that I received my treatment and follow-up visits. I am the mother of two and I had to make sure that I was there for them visa or no visa. When I met my now husband I did not want a relationship but we fell in love and 1 yr 8 months after our first date we got married. Should I return home and have him file a K1 for me after being banned from seeing him for 10 years? Let me answer that. NO NO NO NO NO NO NO. Luckily I didn't because if I weren't here in the US he would have been dead now. You see, he was diagnosed with cancer and it is at the last stage. The doctors had nothing good to say regarding his prognosis, they told me in December that they were just prolonging his life. Thank God that I was there to support him through it all and when he was too sick to even move and had multiple blood clots traveling to his lungs to kill him, that I was there to rush him to the hospital just in time.

There are those who didn't come to the US to get married but just remember that our adjustment has absolutely nothing to do with the length of time your visa takes to be approved. We are scrutinized just as much and we do have to apply for AOS. Its not a shortcut as you stated. Keep in mind that a K1 application is so that a VISA can be issued and an adjustment is a status change. God bless and a speedy visa journey to you guys. Take care.

[sara..... 371]

Just wanted to know your thoughts on couples using a tourist visa to get married in the U.S. and being able to apply for AOS, EVEN when they did have ALL the prior intention to use the tourist visa to immigrate to the U.S. permanently.

It just upsets me sooo much everytime I hear of someone else taking this "shortcut" and getting away with it! I just had a discussion with some guy in another forum on this subject and he was so cool about it, he said they'd rather take the risk of being accused of visa fraud, because "the K-1 route is too long and does not adjust to their plans", and he disagrees with the immigration laws! What the heck???!!!!

Don't you all feel like everytime they let someone get away with this, it's like a slap on the faces of those of us who chose to do the righ the thing?

Would they ever change the regulations so it's not possible to apply for AOS if you got married on a B2? Or even if it remains possible why don't they put these couples to a stronger scrutinity? I've heard many people doing this, and not having ANY sort of problem during the interview! Some of us who chose the legal way, had a harder time on our interviews than they had!

It is just soooo upsetting! And so unfair! I come to VJ every day, and see so many couples dealing with all the pressures and stress of interviews at the Consulates, and hear their stories about the CO's putting people on reviews, or calling them for a second interview or even getting denied for stupid or not valid reasons, and on the other hand I see all these law breakers, using the B-2 route to immigrate and getting away with it, and it just irks me!!!

Wow, I am guess I fit in the category you guys are talking about then as I came here on a B1/B2 visa. Now there are ways of looking at what you are saying and I wish to address them.

(1) USC meets SO online. SO has a B1/B2 visa. Should SO then travel to the US, stay for a while, get married and adjust? That is considered visa fraud because they are by-passing the K1 route but does HS want to go through each person with a visitor's visa who have stayed longer than the time considered as visa fraud and refuse them adjustment? I don't think they ever will.

(2) USC meets SO in the US. For whatever reason SO had overstayed their B1/B2 visa. Maybe they came to the US as a child and somehow never adjusted. If they return to their country a ban would be issued and they would have to wait 10 yrs for it to be lifted. Would USC and SO want to wait 10 years start their life together? I don't think so.

There is a rule for K1 and another rule for immediate relatives. The time it takes for K1's to get a visa has nothing to do with the adjustment of an immediate relative. One is a visa approval and the other an adjustment approval and one has nothing to do with the other.

You may say that because I am adjusting from a B1/B2 why I am taking sides but I am looking at it as the USCIS sees it. If intent can be proven then a denial should be given but if not then they ARE going to allow the adjustment if the marriage is proven bonafide.

I came to the US for cancer treatment as I was told by doctors in my country that I was going to die. While undergoing treatment I met a USC and trust me I was not here for a relationship. We went out a few times and started dating. By then I had overstayed because I refused to return to my country without first making sure that I received my treatment and follow-up visits. I am the mother of two and I had to make sure that I was there for them visa or no visa. When I met my now husband I did not want a relationship but we fell in love and 1 yr 8 months after our first date we got married. Should I return home and have him file a K1 for me after being banned from seeing him for 10 years? Let me answer that. NO NO NO NO NO NO NO. Luckily I didn't because if I weren't here in the US he would have been dead now. You see, he was diagnosed with cancer and it is at the last stage. The doctors had nothing good to say regarding his prognosis, they told me in December that they were just prolonging his life. Thank God that I was there to support him through it all and when he was too sick to even move and had multiple blood clots traveling to his lungs to kill him, that I was there to rush him to the hospital just in time.

There are those who didn't come to the US to get married but just remember that our adjustment has absolutely nothing to do with the length of time your visa takes to be approved. We are scrutinized just as much and we do have to apply for AOS. Its not a shortcut as you stated. Keep in mind that a K1 application is so that a VISA can be issued and an adjustment is a status change. God bless and a speedy visa journey to you guys. Take care.

i am sorry to hear of all the health problems u have had, truthfully i do not think anyone is stating that someone in ur situation should go home and start from the beginning, the issue all along has been people that know before they get here that they are going to marry and adjust status on a visitor visa or from the countries like england and what not that just have to get on a plane and come.......

and as i said before having known two years ago what i know now im not sure that i would have done it the way we have but the course has been set so we are stuck.

good luck to u and ur family ur in my prayers

sara

[kcoyclay1 98]

Just wanted to know your thoughts on couples using a tourist visa to get married in the U.S. and being able to apply for AOS, EVEN when they did have ALL the prior intention to use the tourist visa to immigrate to the U.S. permanently.

It just upsets me sooo much everytime I hear of someone else taking this "shortcut" and getting away with it! I just had a discussion with some guy in another forum on this subject and he was so cool about it, he said they'd rather take the risk of being accused of visa fraud, because "the K-1 route is too long and does not adjust to their plans", and he disagrees with the immigration laws! What the heck???!!!!

Don't you all feel like everytime they let someone get away with this, it's like a slap on the faces of those of us who chose to do the righ the thing?

Would they ever change the regulations so it's not possible to apply for AOS if you got married on a B2? Or even if it remains possible why don't they put these couples to a stronger scrutinity? I've heard many people doing this, and not having ANY sort of problem during the interview! Some of us who chose the legal way, had a harder time on our interviews than they had!

It is just soooo upsetting! And so unfair! I come to VJ every day, and see so many couples dealing with all the pressures and stress of interviews at the Consulates, and hear their stories about the CO's putting people on reviews, or calling them for a second interview or even getting denied for stupid or not valid reasons, and on the other hand I see all these law breakers, using the B-2 route to immigrate and getting away with it, and it just irks me!!!

Wow, I am guess I fit in the category you guys are talking about then as I came here on a B1/B2 visa. Now there are ways of looking at what you are saying and I wish to address them.

(1) USC meets SO online. SO has a B1/B2 visa. Should SO then travel to the US, stay for a while, get married and adjust? That is considered visa fraud because they are by-passing the K1 route but does HS want to go through each person with a visitor's visa who have stayed longer than the time considered as visa fraud and refuse them adjustment? I don't think they ever will.

(2) USC meets SO in the US. For whatever reason SO had overstayed their B1/B2 visa. Maybe they came to the US as a child and somehow never adjusted. If they return to their country a ban would be issued and they would have to wait 10 yrs for it to be lifted. Would USC and SO want to wait 10 years start their life together? I don't think so.

There is a rule for K1 and another rule for immediate relatives. The time it takes for K1's to get a visa has nothing to do with the adjustment of an immediate relative. One is a visa approval and the other an adjustment approval and one has nothing to do with the other.

You may say that because I am adjusting from a B1/B2 why I am taking sides but I am looking at it as the USCIS sees it. If intent can be proven then a denial should be given but if not then they ARE going to allow the adjustment if the marriage is proven bonafide.

I came to the US for cancer treatment as I was told by doctors in my country that I was going to die. While undergoing treatment I met a USC and trust me I was not here for a relationship. We went out a few times and started dating. By then I had overstayed because I refused to return to my country without first making sure that I received my treatment and follow-up visits. I am the mother of two and I had to make sure that I was there for them visa or no visa. When I met my now husband I did not want a relationship but we fell in love and 1 yr 8 months after our first date we got married. Should I return home and have him file a K1 for me after being banned from seeing him for 10 years? Let me answer that. NO NO NO NO NO NO NO. Luckily I didn't because if I weren't here in the US he would have been dead now. You see, he was diagnosed with cancer and it is at the last stage. The doctors had nothing good to say regarding his prognosis, they told me in December that they were just prolonging his life. Thank God that I was there to support him through it all and when he was too sick to even move and had multiple blood clots traveling to his lungs to kill him, that I was there to rush him to the hospital just in time.

There are those who didn't come to the US to get married but just remember that our adjustment has absolutely nothing to do with the length of time your visa takes to be approved. We are scrutinized just as much and we do have to apply for AOS. Its not a shortcut as you stated. Keep in mind that a K1 application is so that a VISA can be issued and an adjustment is a status change. God bless and a speedy visa journey to you guys. Take care.

i am sorry to hear of all the health problems u have had, truthfully i do not think anyone is stating that someone in ur situation should go home and start from the beginning, the issue all along has been people that know before they get here that they are going to marry and adjust status on a visitor visa or from the countries like england and what not that just have to get on a plane and come.......

and as i said before having known two years ago what i know now im not sure that i would have done it the way we have but the course has been set so we are stuck.

good luck to u and ur family ur in my prayers

sara

Thanks Sara. I agree that if they came with intent of bypassing the K1 then that is wrong wrong wrong but the reality is that USCIS is going to adjust them as an immediate relative if it isn't proven that they came with the intent to marry. God bless you too and thanks for the well wishes. Hope everything goes well with you.

[iLoveAPolishGirl 0]

First, I can only imagine the pain of some of you now waiting over a year for your K-1!! My heart goes out to you!! I sure am hoping ours goes smoothly.

RE: AOS off of B / etc visa / VWP ... the stupidest thing is the intent stuff. It makes no sense. The second stupidest thing is the number of ways to deal with marriage based immigration ... AOS off a B or other visa, K-1, K-3, CR-1,DCF vs USCIS... I mean, I'm sure they *could* make it more complicated ... and probably will ... :o ... but WTH????

If they simplified, they could streamline, reducing costs, time and, I'm quite sure, end up INCREASING national secuity to boot. The way things are now is just insane!!!

Allow AOS off Visa/VWP for those allowed to enter the country and provide a single, marriage-based visa for those who can't ... oh, and let them decide where and when they want to actually want to marry oh! oh! so difficult

dvc

[eric_and_teresa 10]

Wow, I am guess I fit in the category you guys are talking about then as I came here on a B1/B2 visa. Now there are ways of looking at what you are saying and I wish to address them....

I came to the US for cancer treatment as I was told by doctors in my country that I was going to die. While undergoing treatment I met a USC and trust me I was not here for a relationship. We went out a few times and started dating.

Then NO, you do not fall into the category of people I was referring to! Why is it that many posters keep insisting that this post was about condemnig ALL those who have adjusted from a B-2!!!??? That is totally not the case! I am talking about a specific group of people who deliberately planned on using a B-2 with the INTENT to immigrate to the U.S. Your case is not part of the cases I'm referring, as you did not plan on entering with a B-2 with the purpose of getting married.

And I totally agree that it would have been a completely stupid thing to go back home cuz then you would have activated the time bar! You did the right thing by staying and adjusting on a B-2. I never said ANYTHING about people who overstay should go back home. Sorry to keep insisting on this, but you totally missed the point of this thread! I'm not pointing fingers at every single person who adjusted from a B-2.

You are right about saying that HS wont go after those who commit visa fraud, that has been proven over and over, many people are not even questioned about their intent to use a B-2 to immigrate during their AOS interview!

First, I can only imagine the pain of some of you now waiting over a year for your K-1!! My heart goes out to you!! I sure am hoping ours goes smoothly.

RE: AOS off of B / etc visa / VWP ... the stupidest thing is the intent stuff. It makes no sense. The second stupidest thing is the number of ways to deal with marriage based immigration ... AOS off a B or other visa, K-1, K-3, CR-1,DCF vs USCIS... I mean, I'm sure they *could* make it more complicated ... and probably will ... ... but WTH????

If they simplified, they could streamline, reducing costs, time and, I'm quite sure, end up INCREASING national secuity to boot. The way things are now is just insane!!!

Allow AOS off Visa/VWP for those allowed to enter the country and provide a single, marriage-based visa for those who can't ... oh, and let them decide where and when they want to actually want to marry oh! oh! so difficult

dvc

So true!

Edited May 7, 2009 by eric_and_teresa

[eric_and_teresa 10]

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

She was denied entry on B1/B2 last Oct after we filed the I-129F because of 'intent'. It was a load of #######, as she possessed all the tries home AND even got the B visa from Auckland just so that she could spend more than the 90 days WVP timeframe in the US with me. Auckland knew of her relationship and had no issue granting the B visa. CBP treated us very poorly and treated her like a criminal. We have had it up to and beyond the limit with US immigration. I am 4 months from re-located back to Auckland and saying to hell with the US (I moved back to the US last summer).

Wow! I'm so sorry to hear that, this is the type of things that just piss me off, people who do the right thing always get screwed at the end for being honest and abiding by the rules!

Going throught the POE using a B-2 is one of the most stressful situations I've ever dealt with! I know the IO are doing their job but they do have a way to treat people like #######! And you know what the funny thing is? They let in hundreds of people that come with the intent not only to marry but with the intent to work on B-2's, I know lots of cases lof people traveling back and forth with tourist visas who come to the US to work regularly!

I'm so sorry that your fiance had to go through that.

Edited May 7, 2009 by eric_and_teresa

[Ed+Cindy 1]

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

She was denied entry on B1/B2 last Oct after we filed the I-129F because of 'intent'. It was a load of #######, as she possessed all the tries home AND even got the B visa from Auckland just so that she could spend more than the 90 days WVP timeframe in the US with me. Auckland knew of her relationship and had no issue granting the B visa. CBP treated us very poorly and treated her like a criminal. We have had it up to and beyond the limit with US immigration. I am 4 months from re-located back to Auckland and saying to hell with the US (I moved back to the US last summer).

Wow! I'm so sorry to hear that, this is the type of things that just piss me off, people who do the right thing always get screwed at the end for being honest and abiding by the rules!

Going throught the POE using a B-2 is one of the most stressful situations I've ever dealt with! I know the IO are doing their job but they do have a way to treat people like #######! And you know what the funny thing is? They let in hundreds of people that come with the intent not only to marry but with the intent to work on B-2's, I know lots of cases lof people traveling back and forth with tourist visas who come to the US to work regularly!

I'm so sorry that your fiance had to go through that.

CBP can’t differentiate between intent to immigrate and intent to be a terrorist.

[VernonandDaniele 0]

My wife and I did not our "howework" when it came to us getting married, or where to get married. We desided to get married in Brazil, where she lives. After we got married I went to the Federal Police and applied for my permanent visa. Left my passport there, went back the next day and pick up my passport with a stamp in it. That was it. Why can't the US be that easy. I only had to pay R$102.00 That is about $65.00USD. That was it. Now I have to way about 6 months before I get my "GreenCard" I can come and go from Brazil with just the stamp they put in my passport. VERY EASY. But we are together. I entered Brazil on a tourist visa with the intent on marring, and the Federal Police say that was okay. I think the US need to look at the immigration law and change them. Make it easier for us to bring our husband/wife there.

I am now going to do DCF for here from Brazil. I have told her we are going to do it one time. If we get it then that is great, it now then that is great too. We are still together. To me that is the main thing.

[Ed+Cindy 1]

My wife and I did not our "howework" when it came to us getting married, or where to get married. We desided to get married in Brazil, where she lives. After we got married I went to the Federal Police and applied for my permanent visa. Left my passport there, went back the next day and pick up my passport with a stamp in it. That was it. Why can't the US be that easy. I only had to pay R$102.00 That is about $65.00USD. That was it. Now I have to way about 6 months before I get my "GreenCard" I can come and go from Brazil with just the stamp they put in my passport. VERY EASY. But we are together. I entered Brazil on a tourist visa with the intent on marring, and the Federal Police say that was okay. I think the US need to look at the immigration law and change them. Make it easier for us to bring our husband/wife there.

I am now going to do DCF for here from Brazil. I have told her we are going to do it one time. If we get it then that is great, it now then that is great too. We are still together. To me that is the main thing.

VernonandDaniele, New Zealand is the same. Every encounter with immigration there has been great.

I renewed my resident's visa last year and it took the embassy in Washington DC no more than 24 hours to process and send back my passport.

(this event was similar to removing conditions on a US Green Card - I had my 2 year permit changed to indefinite)

Edited May 11, 2009 by Ed+Cindy