Visa Fraud- Using B-2 with intention to immigrate

[eric_and_teresa 10]

why do people hate when someone else has an easier path then them? This is like hating someone because they won the lottery. So what if they come here on a B1/B2 and get married. The end result is the same, they just don't have to be apart during the process.

You are comparing apples to oranges. There is nothing illegal about winning the lottery, is it? Getting upset over something like that would be stupid! DOn't you think?

The result is DEFINITELY NOT the same, but the above poster has already explained it very well, so I wont repeat it. If you don't see the difference.. then I rest my case!

I don't hate people who commit visa fraud, I'd have to hate my own friends.. I have 1 good friend who did this and 2 other college classmates who did it too. They all passed their AOS interviews very easily! It's upsetting because it is unfair.

[Gaby&Talbert 1]

why do people hate when someone else has an easier path then them? This is like hating someone because they won the lottery. So what if they come here on a B1/B2 and get married. The end result is the same, they just don't have to be apart during the process.

The end result *isn't* the same. It's a question of getting married in the US, applying for AOS, and waiting 3-6 months in general for the green card, vs having to go through a consulate that has completely opaque policies (eg Morocco or Egypt), can deny your petition without giving any more information about the denial other than vague explanations, does not answer the phone or respond to emails, can refuse your attempts to offer additional information, and can then send your application back to the US. Just sending the application back can take several months, then there is a month-long to years-long wait for the petition to be re-adjudicated in the US, during which time no information can be had about your case. How can you compare these two cases? Also the issue of past legal issues being circumvented doesn't seem to be the same end result; one person is denied while the other breezes into the US and gets married.

Just because it's *legal* doesn't make it right. And why are overstays forgiven if you marry an American? You can stay here for years illegally, not paying taxes, doing whatever you want as long as you don't get caught (though if you were caught you would go to immigration court and be deportable), but then you get married and declare yourself and your location to the government, and all of a sudden instead of being deported you're rewarded with a green card. I feel these policies should be revisited.

The end result of getting a green card is the same, wouldn't you rather have the whole process take place while they are here with you and processed at a local office where you can go and supply any additional information as needed?

[Gaby&Talbert 1]

why do people hate when someone else has an easier path then them? This is like hating someone because they won the lottery. So what if they come here on a B1/B2 and get married. The end result is the same, they just don't have to be apart during the process.

You are comparing apples to oranges. There is nothing illegal about winning the lottery, is it? Getting upset over something like that would be stupid! DOn't you think?

The result is DEFINITELY NOT the same, but the above poster has already explained it very well, so I wont repeat it. If you don't see the difference.. then I rest my case!

I don't hate people who commit visa fraud, I'd have to hate my own friends.. I have 1 good friend who did this and 2 other college classmates who did it too. They all passed their AOS interviews very easily! It's upsetting because it is unfair.

But wouldn't you rather the laws change to allow you to be together during the process rather than changing the law to not allow anyone to adjust status in the US?

[eric_and_teresa 10]

My wife also has had her tourist visa her entire life before we met. We did not use it and followed the rules and waiting through the processing. I am just saying I think the laws should change and allow spouses to be together during the process. What is the harm in this?

That could be a good idea, but I'm sure it implies extreme changes and it would be very unlikely to happen

Did your wife visit you while you guys were waiting? I know that K-1 holders (me included) were able to visit while their K-1 was processing but had never heard of a K-3 beneficiary visiting with a B-2?

I also read your review about the POE! SO true!!! I always did good when I entered through Chicago and had an american CBP officer, but my experiences going through Houston were not so nice!

[Ivy. 113]

The end result of getting a green card is the same, wouldn't you rather have the whole process take place while they are here with you and processed at a local office where you can go and supply any additional information as needed?

Yes, you are right in that part.. The end result (GC) is the same. You can get it legally or illegally. Your point was justifying the illegal way though, and that's why girls reacted. Your idea is a good one, changing the laws so people waiting for K visas could wait in the USA with their partners and not be apart, and it would be great if such idea would be implemented one day! The right way to do it isn't breaking the law, but talking to people who matter and who can make such changes.

Let's compare it to the lottery that has already been brought up. I can get 5 million dollars by winning the lottery, or by robbing the bank. Winning the lottery is legal. Robbing the bank, obviously, isn't. The fact that the end result is the same (I get more money than I know what to do with) doesn't mean that both ways to reach that result are okay.

[Gaby&Talbert 1]

My wife also has had her tourist visa her entire life before we met. We did not use it and followed the rules and waiting through the processing. I am just saying I think the laws should change and allow spouses to be together during the process. What is the harm in this?

That could be a good idea, but I'm sure it implies extreme changes and it would be very unlikely to happen

Did your wife visit you while you guys were waiting? I know that K-1 holders (me included) were able to visit while their K-1 was processing but had never heard of a K-3 beneficiary visiting with a B-2?

I also read your review about the POE! SO true!!! I always did good when I entered through Chicago and had an american CBP officer, but my experiences going through Houston were not so nice!

Yes my wife came to visit me during the process and I went to visit her. Mostly me visiting her because I could drive there. It was 19 hours but I made the trip several times. I flew some also.

It just seems crazy to me that if USC is married and their spouse can receive immigration benefits why not allow them to stay in the US during the process? They are more likely to complete the immigration process than someone who has no ability to immigrate but wants to travel here. The law allows a spouse to immigrate so why not allow them to visit during the process? They seems to be the least likely to become an illegal alien.

[Gaby&Talbert 1]

The end result of getting a green card is the same, wouldn't you rather have the whole process take place while they are here with you and processed at a local office where you can go and supply any additional information as needed?

Yes, you are right in that part.. The end result (GC) is the same. You can get it legally or illegally. Your point was justifying the illegal way though, and that's why girls reacted. Your idea is a good one, changing the laws so people waiting for K visas could wait in the USA with their partners and not be apart, and it would be great if such idea would be implemented one day! The right way to do it isn't breaking the law, but talking to people who matter and who can make such changes.

Let's compare it to the lottery that has already been brought up. I can get 5 million dollars by winning the lottery, or by robbing the bank. Winning the lottery is legal. Robbing the bank, obviously, isn't. The fact that the end result is the same (I get more money than I know what to do with) doesn't mean that both ways to reach that result are okay.

Believe me 5 million isn't that much these days, can you stretch it until you are say 80 years old and maintain a good standard of living?

I wasn't comparing the end results to the lotto, I was comparing peoples resentment to a lotto winner.

[Ivy. 113]

I think you missed my point. Your comparison with winning a lottery isn't a good one, because that person didn't break the law. Compare it to a bank robbery, that way both factors (end result being the same and illegality of what has been done) match.

I'm not saying people who did visa frauds are terrible, need to go to jail, dangerous or anything.. but I can't say that what they did was right. Let's just be objective here and accept that breaking the law isn't the right thing to do.

[gogo 6]

to simply put it.. I just want my wife now.. :crying:

[Ivy. 113]

to simply put it.. I just want my wife now.. :crying:

I really hope you get your visa soon... You have been waiting for too long..

I was supposed to be in my boyfriends arms on December 20th, but by the time I got the money to buy the ticket (a week) there were no flights from Europe to America on December 19th, 20th or 21st so I had to take the 22nd..

[Gaby&Talbert 1]

I think you missed my point. Your comparison with winning a lottery isn't a good one, because that person didn't break the law. Compare it to a bank robbery, that way both factors (end result being the same and illegality of what has been done) match.

I'm not saying people who did visa frauds are terrible, need to go to jail, dangerous or anything.. but I can't say that what they did was right. Let's just be objective here and accept that breaking the law isn't the right thing to do.

It is not visa fraud to visit the US and then decide to get married. You could argue that anyone coming here to visit a boy or girlfriend has in the their mind the possibility of getting married so therefore the intent was there when they entered. Why should law be left to an individual to make an judgement if intent was there? The law allows it and it is up to the interviewer to decide.

I say take that away completely and allow the spouse to visit during the process and no longer do they have to determine if intend was there.

[Gaby&Talbert 1]

to simply put it.. I just want my wife now.. :crying:

I really hope you get your visa soon... You have been waiting for too long..

I was supposed to be in my boyfriends arms on December 20th, but by the time I got the money to buy the ticket (a week) there were no flights from Europe to America on December 19th, 20th or 21st so I had to take the 22nd..

What isn't fair is that this guy gogo petitioned 4 months after me and my wife has been here over a year already and he doesn't even have an approval yet. Should my processing time have been extended to match his? I think allowing spouses to visit would be the most humane thing USCIS could do.

People will still complain about the processing times but at least they would be together.

[Ivy. 113]

It is not visa fraud to visit the US and then decide to get married. You could argue that anyone coming here to visit a boy or girlfriend has in the their mind the possibility of getting married so therefore the intent was there when they entered. Why should law be left to an individual to make an judgement if intent was there? The law allows it and it is up to the interviewer to decide.

I know. We've been through that. It's not even illegal to enter with the intention to marry, just to enter on a non-immigrant visa with the intention to marry and stay, and therefore become an immigrant.

I say take that away completely and allow the spouse to visit during the process and no longer do they have to determine if intend was there.

Spouses are allowed to visit during the process from what I understood. I might be wrong though..

I like your idea with changing the laws [*], but I think we're missing each other here. You keep saying how the laws should be changed, and I am just saying that your post seemed like you approved of visa frauds, and that's why the girls reacted.

[*] I realize that if the law let people enter the US before the visa was issued it would be a big problem in case of a denial because it would be difficult to track everybody down and force them to leave the country. It's easier if you keep them out in the first place, and only let them enter if all is clear.

[Ivy. 113]

What isn't fair is that this guy gogo petitioned 4 months after me and my wife has been here over a year already and he doesn't even have an approval yet.

No, it's not fair. The thing should work faster.

Should my processing time have been extended to match his?

Of course not. Why would anyone wanna prolong it? It's long enough as it is!

I think allowing spouses to visit would be the most humane thing USCIS could do. People will still complain about the processing times but at least they would be together.

Are you talking about visits or USCIS letting people move to the USA while they wait for their visa application to be processed?

[gogo 6]

true, I wouldn't mind if we are together (they can take a couple of years), but it is just not being able to see each other.. that is the hardest.. I know I said I do the webcam / phone thing everyday, but it is still not the same as in person... whenever something comes up that is funny, we can both have a good laugh.. something like that..

I think he was taking about a "temporary visa" for her to come over while we wait for the visa to get approved.. maybe even a one-time 6-month tourist visa would be nice.. =)

Edited July 2, 2008 by gogo