Strict Reading of Visa Rule Trips Up More Couples

[juliava 80]

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".

So in other words, let's say you come to US on VWP, your visa expires but you get married and apply for AOS...Is your AOS gonna get denied?

[Boiler 45,794]

He was deported because he was out of status.

Certainly seems to have used the VWP Express, but that in itself was not the issue.

Just because you can pass exams does not necessarily imply sufficient intelligence to file an I 130.

[Christi and Ian 24]

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 agree - it implies that he overstayed his visa and then they got married. He had to have known when his 90 days was up. My husband has been coming to the US for years on VWP, and books his flight home 2-3 days before his flight, just in case it's canceled, delayed or some other problem arises.

There does sound like something fishy is going on there. You live, you learn. I guess she should make plans to move to Germany, or wait 10 years.

[Boiler 45,794]

They just need to do a waiver, hopefully they do not screw that up.

[trailmix 77]

So in other words, let's say you come to US on VWP, your visa expires but you get married and apply for AOS...Is your AOS gonna get denied?

That's what it is saying.

[Kittyfang 6]

That's what it is saying.

... in the third circuit. I'm just glad I'm not in there...

[Kittyfang 6]

... in the third circuit. I'm just glad I'm not in there...

Hey... thx for adding another issue to stress me out!

[Bobby+Umit 161]

So in other words, let's say you come to US on VWP, your visa expires but you get married and apply for AOS...Is your AOS gonna get denied?

This appears to be the trend.

I have come across a few VWP AOSs crashing like this, simply because they filed for AOS after the I-94 authorized stay expired.

[Usui Takumi 1,562]

Hey... thx for adding another issue to stress me out!

How are things going for you Kitty? Last I read you were trying to get a Canadian Passport?

[Kittyfang 6]

How are things going for you Kitty? Last I read you were trying to get a Canadian Passport?

And I got it. Believe it or not, I was worried for nothing (regarding the passport). I am now busy getting paperwork together. Medical is soon. Then it's AoS time... Now, I'm just wondering if that little article is going to apply to me. But, like I said, I'm not in third circuit... But I will be applying ASAP.

[Nartaki 7]

Their best hope is to get a waiver unfortunately, thats the only way :-(

[belinda63 3,041]

Lots of mistakes here. First they married in the US then left the country then returned on the VWP with the intent to adjust status which as has been stated over and over here is FRAUD. Then these two highly educated people couldn't figure out how to file the proper papers and had the initial application denied. Now they are scrambling trying to correct all the errors they made and crying because they were "ignorant" of the correct process while us "less educated" people manage to do it on our own (I didn't find visa journey until after he was placed into AP).

And yes the way it sounds the Courts are finally trying to close the VWP express to AOS which makes me very happy.

[Vivi6 12]

“We made a mistake, but if two Ph.D. students can’t figure it out, it shows the paperwork is really confusing.”

mmmmm....really? I have no PHd but I am filing for AOS with no problems. and BECAUSE you have a PHd, maybe you should try to be smart and MAYBE, I'm saying MAYBE file for a K1. I mean, I know it's expensive, and it takes time. But it's the LEGAL way if you want to get married. I am Italian, and could have used the VW anytime and just get married, but I didn't really wanted to chance it. And it could still be very suspicious if you come and go on VW many times, and if you use your 90 days all the time, because they might think you are trying to work illegaly in the US or actually working illegaly. I know people have their reasons to get married on a tourist visa and adjust so I am not judging here. Just saying.

Also:

“But this is much bigger than just them,” Mr. Weiss said. “The larger question is government policy, and why do we treat these waiver people worse than we treat other people?”

If waiver people make mistakes and use shortcuts when they have other options, then they are going to be treated as they should, i.e. as people who break the Law.

I wish that the whole religion thing didn't come up in the article. I bet if he was Muslim, they would not have mentioned it. They would have not even written about it. I mean, read it and tell me in what spot it is relevant to say he is Christian, even mention the word except he was working at a Christian college. So much BS!

And regarding the fact that VisaJourney is not easy to find, like someone here was saying...I did find it after some browsing but I had already hired an immigration attorney for my K1. The only reason I did this is that my husband and I were very, very busy (he was working full time and getting his masters and his mom got diagnosed with cancer). I think VJ would have helped on the k1 like it's helping with the AOS. But more than that, BEFORE we even started to file, I went on the website of the american consulate in Milan and read about the process. I went to the USCIS website and got informed. I considered other options, like the k3. I basically gathered information on what you should do if you are marrying a USC, and he did just the same, getting info on how to marry a foreign fiancee.

So the whole point is...the info, the laws, the forms are all there. They tried the quick way and failed. USCIS has some fault in this, for sure, but in the end the Law is the Law and it should apply to all, black and white, Chistians and Buddhists and Muslims. Too bad it is hardly ever the case!

[quote name='belinda63' date='15 May 2010 - 06:53 PM' timestamp='1273971234' post='3939775

And yes the way it sounds the Courts are finally trying to close the VWP express to AOS which makes me very happy.

Kudos to that

[Vivi6 12]

Sorry, I am so angry right now...

"Coming as the Obama administration says its immigration enforcement priority is deporting dangerous criminals, Mr. van Sander’s arrest bewildered many in the couple’s 40-member Christian fellowship group (unnecessary), said the chaplain, the Rev. B. Keith Brewer.

“They’re both lovely people, not exactly the criminal types,” said Mr. Brewe"

So guys, if you break the Law, and you are not exactly the criminal type, you're good. #######?????? I truly believe Immigration needs to have discretion, but in this specific case, these people F*ed it up pretty badly. They make it sound like they forgot to check a box, but they forgot a whole form!

Edited May 16, 2010 by Vivi6

[KaiserD 12]

“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.”

This was just so completely unnecessary! Honestly, that was a PSPoor piece of journalism from NYTimes.

When it comes to immigration, you know you need to make sure you've got your stuff right.