Thoughts on keeping families together (and a possible petition)

[B & G 200]

I would think that people from visa waiver program countries, at the very least, should be allowed to stay. My wife is a German citizen, and used to come visit me for 3 months, then go back for 3 months. It wasn’t a problem. But now that we sent in the I-130, we’ve been informed that if she tries to visit, she will almost certainly be turned back at the border. If she could come for 3 months with no problem, then why not just let her stay the 9 or 10 months that it takes on average? After all, on visa waiver program, you’re not allowed to work or use any public services anyway, so what difference would it make except being for a somewhat longer time?

Whoever told you this, either lied or had no clue what they were talking about. Many beneficiaries were and are able to visit their husbands/wives while having a pending I-130. Myself included.

Keyword in the sentence is visit. Your spouse could have a problem since they have been spending equal amounts of time in the US as they have been spending outside it.

The more you stay in the US, the more you increase the chance of being denied entry.

The US has an illegal immigration problem. Someone else stated that USCIS and Homeland Security are not concerned with emotions, but numbers. What you propose increases the probability of more illegal immigrants staying in the US.

Deportation is very costly and the US is trillions of dollars in debt. To try and deport all the 12 million of the illegal immigrants will bankrupt the nation. Imagine to what numbers illegals would reach should what you propose come to pass.

US immigration policy in a nutshell is "we want to keep you out till we are sure" and the likelyhood of them changing it to "come in, but if we don't believe you, we will try and track you down and send you back home" is highly unlikely.

[thedude6752000 360]

Whoever told you this, either lied or had no clue what they were talking about. Many beneficiaries were and are able to visit their husbands/wives while having a pending I-130. Myself included.

Keyword in the sentence is visit. Your spouse could have a problem since they have been spending equal amounts of time in the US as they have been spending outside it.

The more you stay in the US, the more you increase the chance of being denied entry.

The US has an illegal immigration problem. Someone else stated that USCIS and Homeland Security are not concerned with emotions, but numbers. What you propose increases the probability of more illegal immigrants staying in the US.

Deportation is very costly and the US is trillions of dollars in debt. To try and deport all the 12 million of the illegal immigrants will bankrupt the nation. Imagine to what numbers illegals would reach should what you propose come to pass.

US immigration policy in a nutshell is "we want to keep you out till we are sure" and the likelyhood of them changing it to "come in, but if we don't believe you, we will try and track you down and send you back home" is highly unlikely.

What exactly is the problem? All we hear about is how wonderful these 12 million illegals are and how they are so nice we just have to give them citizenship. If those 12 million did not destroy America why will another 500,000 suddenly do the trick???? What threat is it to this country if people come here? Why are they so afraid of more people coming here? Wasn't this country founded by a bunch of people who got on a boat, left their native countries forever, and permanently settled here?????????????

Edited December 18, 2013 by thedude6752000

[TeaCup 65]

While I understand your point - I do think some kind of process is needed to weed out fraud cases as their are many of them and that is why the process is soo long.

Although, I do think the wait times should be MUCH less, Im not sure what it is that takes them so long to approve cases.

It would kill me to have to be away from my husband again if it came to that,

I do feel for families that are separated, especially ones with children involved.

[Jamie & Izzy 98]

While I understand your point - I do think some kind of process is needed to weed out fraud cases as their are many of them and that is why the process is soo long.

Although, I do think the wait times should be MUCH less, Im not sure what it is that takes them so long to approve cases.

It would kill me to have to be away from my husband again if it came to that,

I do feel for families that are separated, especially ones with children involved.

Yes 4-6 month sure no problem,but not knowing when is torture if we knew it would take this long we would have done it right after we got married,now we have to wait,how long ? no one really knows,this i would say is something that really needs to change,more order would be really nice ...

Izzy

[Jamie & Izzy 98]

What exactly is the problem? All we hear about is how wonderful these 12 million illegals are and how they are so nice we just have to give them citizenship. If those 12 million did not destroy America why will another 500,000 suddenly do the trick???? What threat is it to this country if people come here? Why are they so afraid of more people coming here? Wasn't this country founded by a bunch of people who got on a boat, left their native countries forever, and permanently settled here?????????????

I agree 100% with you on all the comments you have made so far,my husband posted this and i keep reading some of the comment and i cannot believe what i read ,people like you give me hope for change and a better future if not for us then for the next ones who have to suffer being apart from their loved ones.

Izzy

[Kaylara 814]

Yes 4-6 month sure no problem,but not knowing when is torture if we knew it would take this long we would have done it right after we got married,now we have to wait,how long ? no one really knows,this i would say is something that really needs to change,more order would be really nice ...

Izzy

I hear that!

[Jamie & Izzy 98]

I hear that!

Oh wow 9 month from your NOA1 i don`t even want to think about that ! i thought i could get my documents ready to go in a month but i think i should wait until we get to the next stage ...do you have any news on how much longer it will take ?

Izzy

[Kaylara 814]

Well, the latest word from the Tier 2 officer I spoke to yesterday was the following:

I got a nearly 10 minute lecture about how I was over-reacting about how long my case is taking, and should not have even been calling to check up on my case yet, or have contacted my congressmen or representatives. After this was done he informed me I might get an answer by the end of January, or possibly February, or March. He really didn't know. It could even take more than a year. But I should just "enjoy the ride". (OMG, I seriously wish I were joking.)

So, you know I'm just puking rainbows over here.

Edited December 19, 2013 by Kaylara

[Jamie & Izzy 98]

Well, the latest word from the Tier 2 officer I spoke to yesterday was the following:

I got a nearly 10 minute lecture about how I was over-reacting about how long my case is taking, and should not have even been calling to check up on my case yet, or have contacted my congressmen or representatives. After this was done he informed me I might get an answer by the end of January, or possibly February, or March. He really didn't know. It could even take more than a year. But I should just "enjoy the ride". (OMG, I seriously wish I were joking.)

So, you know I'm just puking rainbows over here.

What ! he was lecturing you ?i`m very sorry to hear that, i cannot believe what i`m reading! how rude, I am half German half Moroccan had to deal with allot of bureaucratic nonesense in my life but this is just ridiculous,that gave me stomach cramps ...we already missed Christmas and we will miss our first wedding anniversary cause of this silly waiting time,i used to visit my husband allot but last time they told me i cannot do that ! i never over stay we did not even send our i-130 just visiting my husband they were so rude and mean i ran into my husband arms crying ... that`s when we decided for the the spousal visa since i had trouble visiting ,he visited me month and a half ego and will visit me in mid February after that who knows when he will be able to get vacation time ,it really irritates me that we might have to wait up to a year

Izzy

[Kaylara 814]

What ! he was lecturing you ?i`m very sorry to hear that, i cannot believe what i`m reading! how rude, I am half German half Moroccan had to deal with allot of bureaucratic nonesense in my life but this is just ridiculous,that gave me stomach cramps ...we already missed Christmas and we will miss our first wedding anniversary cause of this silly waiting time,i used to visit my husband allot but last time they told me i cannot do that ! i never over stay we did not even send our i-130 just visiting my husband they were so rude and mean i ran into my husband arms crying ... that`s when we decided for the the spousal visa since i had trouble visiting ,he visited me month and a half ego and will visit me in mid February after that who knows when he will be able to get vacation time ,it really irritates me that we might have to wait up to a year

Izzy

Or more. And trust me, I don't like having to say that. I really hope that's not the case because this really sucks. We missed our 7th wedding anniversary and looks like we'll be missing the 8th as well. He missed our daughters 4th and 2nd birthdays. We're definitely missing Christmas, and will probably miss Easter as well. If we're very lucky, he might just be here for the 4th of July. This entire situation just sucks. There's no other way to put it. We thought that we'd be just about done with this process around this time, based on the processing times when we applied. But we haven't even managed to get past the first step. It's incredibly frustrating, especially given the response I've gotten from the USCIS when I attempt to find out just what is going on with our case.

[B & G 200]

What exactly is the problem? All we hear about is how wonderful these 12 million illegals are and how they are so nice we just have to give them citizenship. If those 12 million did not destroy America why will another 500,000 suddenly do the trick???? What threat is it to this country if people come here? Why are they so afraid of more people coming here? Wasn't this country founded by a bunch of people who got on a boat, left their native countries forever, and permanently settled here?????????????

You are generalising at best. I haven't read anywhere that citizenship will be given to all 12 million illegals. What I stated in my previous post was as to WHY the US will not change their immigration policy to something like what the OP posted.

Just like any other first-world country such Australia, Canada and most countries in the EU etc, immigration is a lengthy process. None of them mind immigration, just like the US, but they prefer it to be documented.

Im in the same boat as you, I am not expecting an NOA2 approval till I hit the 7 to 8 month mark. Im not happy about it, especially since their target is at 5 months.

But if anyone is going to propose a change to the immigration process, it has to be within lines of the already existing laws and regulations. The only change that makes sense is the processing times.

We have all seen over and over again files being adjusticated within 3 weeks, whether they are a K1 or CR1/IR1. If a file can be adjusticated in that amount of time, it means that they don't need anymore time. The whole process from the I-130 to interview should be at 3 months the most. Which is usually the time needed for when someone is going through DCF.

Three months in my opinion is more than enough time to weed out the fraud cases.

You mentioned that whats another 500,000 if 12 million didnt do no harm. But it isnt just 500.000. Its 500.000 now.

[Jamie & Izzy 98]

Or more. And trust me, I don't like having to say that. I really hope that's not the case because this really sucks. We missed our 7th wedding anniversary and looks like we'll be missing the 8th as well. He missed our daughters 4th and 2nd birthdays. We're definitely missing Christmas, and will probably miss Easter as well. If we're very lucky, he might just be here for the 4th of July. This entire situation just sucks. There's no other way to put it. We thought that we'd be just about done with this process around this time, based on the processing times when we applied. But we haven't even managed to get past the first step. It's incredibly frustrating, especially given the response I've gotten from the USCIS when I attempt to find out just what is going on with our case.

That really sucks ...lets hope he will be there for July 4th, that`s my husband Birthday if this keeps up this way i`m sure i`ll be missing that too,My husband called the USCIS today to see if the new documents we sent arrived,they told him they don`t send out confirmations for additional information ...we just need to assume they have received the documents ,and he also asked what applications they are working on at the moment they said Feb 2013 ...6 + month to go? what is making me really angry is knowing that SO many applications are just sitting there ...I mean after all we paid for the service at least give us some order,something to look for,right now its just being quite and patient ?

Izzy

[Kaylara 814]

That really sucks ...lets hope he will be there for July 4th, that`s my husband Birthday if this keeps up this way i`m sure i`ll be missing that too,My husband called the USCIS today to see if the new documents we sent arrived,they told him they don`t send out confirmations for additional information ...we just need to assume they have received the documents ,and he also asked what applications they are working on at the moment they said Feb 2013 ...6 + month to go? what is making me really angry is knowing that SO many applications are just sitting there ...I mean after all we paid for the service at least give us some order,something to look for,right now its just being quite and patient ?

Izzy

Yep, you've got pretty much the whole of it. They want us to sit down, shut up, and take what they're giving us. That's the kind of attitude I just LOVE to get from someone who I've paid for a service that hasn't been rendered.

[missicy 87]

I do think the wait times should be MUCH less, Im not sure what it is that takes them so long to approve cases.

And I'm not sure why so many people don't understand what takes them so long to approve cases. There are THOUSANDS of petitions in the line at USCIS and only so many adjudicators. Also, don't forget there there are many different types of petitions they have to adjudicate, not only I-129F's and I-130's. All those long months you spend waiting for your approval is actually waiting for an adjudicator to process all the petitions received before yours to get to yours.

There are many couples that have had to be separated for months, even years waiting to get a green light from immigration and there will be many more. My visa process might not have been as long as some other couples', but I had to wait for my turn, survived the wait and now, after 3 years in the US with my husband, that lonely, painful wait is just a distant memory. The time we spent waiting is really nothing compared to the happy years we've spent together already and many happy years to come.

[Jamie & Izzy 98]

And I'm not sure why so many people don't understand what takes them so long to approve cases. There are THOUSANDS of petitions in the line at USCIS and only so many adjudicators. Also, don't forget there there are many different types of petitions they have to adjudicate, not only I-129F's and I-130's. All those long months you spend waiting for your approval is actually waiting for an adjudicator to process all the petitions received before yours to get to yours.

There are many couples that have had to be separated for months, even years waiting to get a green light from immigration and there will be many more. My visa process might not have been as long as some other couples', but I had to wait for my turn, survived the wait and now, after 3 years in the US with my husband, that lonely, painful wait is just a distant memory. The time we spent waiting is really nothing compared to the happy years we've spent together already and many happy years to come.

Yes, we know there are thousands of people waiting...but that does not mean the system cannot be improved and wait times be dramatically reduced. After all, plenty of other countries have massive amounts of people wanting to immigrate, and yet they manage to treat them in a humane and efficient manner.

First, the simplest solution...if they don't have enough staff to handle the volume of applications...HIRE MORE STAFF. This is an essential service that can only be provided by this one organization, and we have *paid* for it. So the least they could do is give us swift service. If that means increasing the fees somewhat to cover the costs, I think most of us would be perfectly happy to spend a bit more if it means we are separated from our loved ones only for a short time. Or, for that matter, they federal government could just increase their funding a bit. I know people of a certain political bent blow their tops whenever they hear anyone say anything about using public money to benefit the public...but that's what it's for, after all. I've read that the actual processing time for an application is about two weeks - all the rest of the time, they spend sitting in a backlog or waiting to be mailed. Surely, there is some way to improve that. Especially if they manage to keep a fairly consistent processing time, that means if they hire some more people and get through the backlog, then they can stay up to date and none of should have to wait more than a month to get our I130 approved.

Some other possibilities for streamlining:

Why not combine all these steps into two?... Submit the I-130, the Affadavit of Support, etc., all together and they process it all together. Then it jut needs to be sent to the embassy in question. Cut out one step right there, and save applicants probably at least one or two months of separation. It is merely a bureaucratic issue, so I'm sure they could organize things to work that way. It might also help balance the workload between the various centers

Or, another possibility would be to re-institute the K3 or something like it, but to actually make it useful by having it processed within a few weeks. Maybe have it something done just by the local embassy, so they can check the police records, health records, ensure its a real relationship - and then allow them to live with their spouse in the US while the green card it processed. Again, this is merely a bureaucratic issue - surely they could set something like that up and ensure that for most people, it wouldn't take more than a few weeks. Where there's a will, there's a way, as they say.

Last but not least there simply need to be more transparency and more accountability. The policies of USCIS look very much like they were made by the USCIS for their own convenience. Considerations like treating applicants like humans rather than criminals, and ensuring them the minimum amount of painful separation possible seem to have come in a distant second, if they even paid much thought to it at all. So we end up having to put our lives into the hands of a huge, faceless bureaucracy which seems to assume we're all guilty until proven innocent. Even worse, they don't seem to think that keeping families together is a priority...I find that VERY worrying in any government entity.

-J