Strict Reading of Visa Rule Trips Up More Couples

[Sven 0]

I just read this story.

http://www.nytimes.com/2010/05/15/nyregion/15visa.html

Honestly, I don't see what they did wrong. They refiled the papers after the advice of an immigration officer, they had already sent him the working permit ( since when do they do that when there's an error in hte paperwork? No RFE? , and they had their immigration interview, where they were told something went wrong..uhh why did thehy schedule an interview in the first place then?? They did not realize all the time that they forgot to file the I-130. And after they were told this, they refiled again. And THEN they came and detained him? After everything that already took place? I could understand them doing it when a couple ignores everything etc. But they filed twice, went to the interview etc. This should not have happened.

Well, I just thought this was an interesting story. Be careful when you file!

Edited May 15, 2010 by Sven

[mmlo 0]

Well, I just thought this was an interesting story. Be careful when you file!

Totally unreal... wow. That gave me some shivers.

[Deb+Steve 13]

I'm pretty sure it states on the USCIS website that if you're filing for a spouse from inside the US you have to file both the I-130 and the I-485. So, the info's there without even having to work just a little bit harder by googling.

Why is their story news?

[Nich-Nick 3,354]

Honestly, I don't see what they did wrong.

For starters, they were taking a risk by marrying and adjusting from VWP. Then they hired a poor attorney if he didn't even know the procedure when both persons are already in the US. And how could two PhD candidates not find Visa Journey???

I'm pretty sure it states on the USCIS website that if you're filing for a spouse from inside the US you have to file both the I-130 and the I-485. So, the info's there without even having to work just a little bit harder by googling.

The info is indeed explained on the USCIS website. These are two highly educated people who didn't do their homework. It is sad for them.

Why is their story news?

My guess is because he is a white-skinned, theology student hanging out in an Ivy League educational setting and not the stereotypical brown skinned immigrant.

Edited May 15, 2010 by Nich-Nick

[Otto 83]

**Topic was moved from AOS Family-based to Immigration News and Discussion.

[Bobby+Umit 161]

So they used the VWP to get around doing the immigration visa route, and didn't follow the instructions for AOS.

They also didn't see that VWP gives up the right to appeal.

They also were married outside the US, and returned on the VWP to process the paperwork...

I guess they should of came here for information.

They played with fire and got burned.

For starters, they were taking a risk by marrying and adjusting from VWP. Then they hired a poor attorney if he didn't even know the procedure when both persons are already in the US. And how could two PhD candidates not find Visa Journey???

The info is indeed explained on the USCIS website. These are two highly educated people who didn't do their homework. It is sad for them.

My guess is because he is a white-skinned, theology student hanging out in an Ivy League educational setting and not the stereotypical brown skinned immigrant.

Exactly right

“It’s crazy,” he said, adding that it might provoke a public outcry, because “it’s going to affect a lot of white people, too, not just brown people.”

I am white, and I don't think this provokes any type of outcry - they tried to get around the rules and got caught by their own stupidity - no problem with me...

[psiprez 3]

I actually have a hard time feeling bad for this couple.

It sounds like they were trying to 'legally' circumvent the system by utilizing the VWP to avoid separation time. It certainly doesn't sound like they just suddenly decided to get married. I suppose they dated, decided to be together, did a little research and decided to take the 'easy VWP adjustment way' instead of him leaving the country for the K-1 process. In fact, I think that because they had an long-established relationship, and he was a frequent user of the VWP, there was a chance it would have been lablelled fraud anyways.

It's too bad they hadn't asked on VJ for advice. I'm sure they would have been told the 'easy way' isn't worth the risk.

And now I'm sure that because they are white and educated, some Senator will step in and make it all better for them.

[Sven 0]

I don't like this racist talk. So why don't you jsut knock it off. Substitute black and white, and you know what I'm talking about.

Anyway, the USCIS issued them the working permit AND invited them for an interview. At the interview they told them something was wrong ( umm, way too late now. Tell them BEFORE you invite them to the interview). And then they foloowed the advice of this USCIS and did everything he told them to. This is USCIS's fault.

Edited May 15, 2010 by Sven

[trailmix 77]

I found this interesting:

"Under the appeals court’s decision, the larger issue remains. In the Third Circuit, Citizenship and Immigration Services will no longer approve green cards based on marriage if the application is made more than 90 days after the foreign spouse entered on a visa waiver, officials said".

[cappucino 1]

I found this interesting:

"Under the appeals court’s decision, the larger issue remains. In the Third Circuit, Citizenship and Immigration Services will no longer approve green cards based on marriage if the application is made more than 90 days after the foreign spouse entered on a visa waiver, officials said".

I think that is the take away I got from this story, that things have changed with regard to marriage and what marriage to a USC will nullify.

Whether they did things right or wrong in the details, they did things right in that they married, paid the fees, filed the paperwork as best they could, tried to do things right. That is the main point of this story, is that things have changed. And, regarding getting educated through a site such as VisaJourney, yes, I found the site a few months ago when removing conditions, but I didn't find it earlier on, and I virtually live on the web and make my living from it, so I am guessing other savvy people might be in the same boat, lacking information, and doing all of this for the very first time. I think we need to have a bit more compassion for people who are on the same road as we are.

Edited May 15, 2010 by cappucino

[yohino 22]

"After their wedding, they visited his parents, returned to the United States in August and filed his immigration paperwork in September, which should have stopped the 90-day clock. "

This part, if he was truthful at his POE when entering (telling the CO at POE that he was entering the US with his wife and then adjusting his status) should have resulted in them not even letting him in... Or am I reading it wrong?

[Brother Hesekiel 2,236]

[Chazzie 1]

tsk tsk tsk...The lesson in here is that everyone should not depend on immigration attorneys coz they're also humans who can make mistakes.Knowledge is power.Plain and simple.

[gezzuzz 1]

i feel sorry for them.. i hope the can fix the issue.. but the law is law... maybe thru appeals they can get this fixed.. the 10 day in jail is no big deal.. you did make a mistake.. you will have to live with it.. if anything it makes it look like the goverment overreacted.. which would help you cause.. i would wanted them to keep me in jail for longer.. had people protesting ourside the jail.. got more media coverage..

its easy to demonize the american immigration process.. but we accept more immigrants then any country in to world..

how easy would it be for her to move to england.. and she is a american.. what about people for 3rd world countries.. they dont have a shot in the world..

where is the visajourney.co.uk site?

[Deputy Purple 1,294]

They entered the US already married with the intent for him to AOS, FRAUD!!!

Took a risk and got the bad end of it, that's what happens sometimes.