Preconceived Intent to marry and adjust status

[Umka36 781]

The K1 visa made logical sense for my wife and I, so I don't think it should be abolished. Just because it can be abused like any other visa category, does not mean it does not have a purpose.

[JnRMo 16]

B-Abolish AOS all together. It does make a mockery of the whole system where people who do it the 'correct' way get seperated for months or years and other people just skip the queue.

It would also mean that more B2s would be approved if the possibility of immigration intent is taken away.

Better to just abolish this system all together and rebuild something better from scratch. It seems to do little to prevent fraud/scam marriages, I fail to see a reasonable explanation for why the process has to be so long and arduous when a tourist visa is adjudicated very quickly, even if it isn't an immigrant visa. Proof of marriage (K1s may require a bit more review), with police/medical records, should be sufficient in most cases - basically that a marriage is legal (who cares why they wanted to get married, people get married for stupid reasons all the time), that the intending immigrant is not a danger, and that the resident spouse is not below the poverty line should be all they care about.

[del-2-5-2014 1,339]

Better to just abolish this system all together and rebuild something better from scratch. It seems to do little to prevent fraud/scam marriages, I fail to see a reasonable explanation for why the process has to be so long and arduous when a tourist visa is adjudicated very quickly, even if it isn't an immigrant visa. Proof of marriage (K1s may require a bit more review), with police/medical records, should be sufficient in most cases - basically that a marriage is legal (who cares why they wanted to get married, people get married for stupid reasons all the time), that the intending immigrant is not a danger, and that the resident spouse is not below the poverty line should be all they care about.

There have been so lightening quick adjudications on both K1 and CR1 on here and I am talking about less than a month. So they can git er done if they want to.

[rade2rising 205]

Dude u are right...anyone can adjust....these ppl here scaring you with lifetime ban are just tired jealous visa filers....all this issue wid intent is quite laughable. ...

Also ppl who have gone through the process wants everyone to experience that lol yea right. ....u can adjust when ever you feel like.....I knw some folks adjust u wud not believe. ....

[Hotter Otter 1,211]

I don't have an issue with the people who stay and adjust status, it's legal and those who do it don't get much of a hard time from USCIS so why not. I think that if I'd known about the I-130 backlog before we married me and my wife might have gone down that route, it does grate that doing things the correct way takes so long though, maybe if the processing of K1's and CR1's was more streamlined and less erratic then less people would adjust status on B2's or VWP.

I do think that it should be made harder to adjust status from B2's and VWP though. I understand that people can make snap decisions based on love but suddenly deciding that you don't want to return home and want to stay stretches credulity because if you hadn't planned to stay and adjust status all along you'd have sooo many loose ends. Using myself as an example when I was in the US with my wife the trip before we got married I briefly pondered marrying her then and adjusting status, ok I could have quit my job from the US but what about my house, all my belongings, my car, saying goodbye to relatives and so many more things. It doesn't really add up in a lot of cases.

If they made it impossible to adjust status on a B2 visa or using the VWP then it would make the system fairer and less open to abuse, and also make it easier to grant entry to people who are in the middle of getting a K1 or CR1 as they wouldn't have to worry about them adjusting status.

[SennaBrigante 92]

There's only a handful of people here who are rabid when they see B1/B2 and AOS in the same sentence.

[KayDeeCee 4,893]

There are quite a few countries where Police Reports are not needed anyway, the obvious one being Mexico.

Not any longer. They are now listed as a requirement on the Juarez checklist for a K-1 > http://photos.state.gov/libraries/ciudadjuarez/231771/PDFs/oct2013k1k4visa.pdf

I believe the travel,state.gov site still states they are unavailable, but that is not true. They can be obtained in Mexico and those applying there since Oct. must bring them.

[JRF 117]

Whether people adjust on a tourist visa or not is none of my business, but the willful omission of vowels really bothers me.

[GALBA78 2]

I can understand certain frustrations from those who have gone the longer route and filed for a K1/CR1 however those that do decide to drop everything to stay and file from a tourist visa also have to go through the consequences of that decision as well. I know from my own personal experience it was not an easy decision to decide to not get on a plane and go home. I didn't get to say goodbye to my family and friends and I know I hurt a lot of people by doing that. I had to quit my job suddenly after ten years and suffer the consequence that my reputation with that company may well be tainted. I had to put the burden on my brother to clear out my apartment, sell my things or put them in storage. I only have a suitcase of vacation clothes to live with at the moment until I can get someone to send or bring things over. I lost my security deposit on my apartment as I left so suddenly, terminating my phone contract early was expensive and overall financially it is a struggle not being able to work yet. I am going to miss my sisters baby being born in a couple of months. The hardest was I didn't get to have my family and friends at my wedding... For some people they couldn't do that and that is why they go home and file for a K1 but for my own personal situation my relationship won and it was more urgent to stay with my now husband. Did I choose the easier option? Well I think it is a matter of opinion and depends on each person's own circumstances. I'm only at the start of my journey but I'm very grateful that we were able to decide to stay together and AOS as it may well have saved our relationship that had been weakening due to the distance.

[scienceworks 64]

I can understand certain frustrations from those who have gone the longer route and filed for a K1/CR1 however those that do decide to drop everything to stay and file from a tourist visa also have to go through the consequences of that decision as well. I know from my own personal experience it was not an easy decision to decide to not get on a plane and go home. I didn't get to say goodbye to my family and friends and I know I hurt a lot of people by doing that. I had to quit my job suddenly after ten years and suffer the consequence that my reputation with that company may well be tainted. I had to put the burden on my brother to clear out my apartment, sell my things or put them in storage. I only have a suitcase of vacation clothes to live with at the moment until I can get someone to send or bring things over. I lost my security deposit on my apartment as I left so suddenly, terminating my phone contract early was expensive and overall financially it is a struggle not being able to work yet. I am going to miss my sisters baby being born in a couple of months. The hardest was I didn't get to have my family and friends at my wedding... For some people they couldn't do that and that is why they go home and file for a K1 but for my own personal situation my relationship won and it was more urgent to stay with my now husband. Did I choose the easier option? Well I think it is a matter of opinion and depends on each person's own circumstances. I'm only at the start of my journey but I'm very grateful that we were able to decide to stay together and AOS as it may well have saved our relationship that had been weakening due to the distance.

But you didn't have any legal consequences compared to someone who wait forever to get just the i-130 approved and then all the drama about Affidavit of support, and then consulate and the eternal wait. The IR-1 route can also cause difficulties like what you had to go through. The AOS with B2/VWP is a loop hole and needs to be plugged, Eventually, someone in the USCIS/DOS will realized it is getting abused. What do you think of tourist who come intentionally during their pregnancy and then deliver here so that their kids are born citizens. They just go back to their home country and when the kids grow up ( college age) they send them back to get all the benefits of the citizenship

http://world.time.com/2013/11/27/chinese-women-are-flocking-to-the-u-s-to-have-babies/

Govt. moves slower, but it will move. When they realize the trend in AOS with visit visa and VWP, they will put an end to it.

[blk 87]

I can understand certain frustrations from those who have gone the longer route and filed for a K1/CR1 however those that do decide to drop everything to stay and file from a tourist visa also have to go through the consequences of that decision as well. I know from my own personal experience it was not an easy decision to decide to not get on a plane and go home. I didn't get to say goodbye to my family and friends and I know I hurt a lot of people by doing that. I had to quit my job suddenly after ten years and suffer the consequence that my reputation with that company may well be tainted. I had to put the burden on my brother to clear out my apartment, sell my things or put them in storage. I only have a suitcase of vacation clothes to live with at the moment until I can get someone to send or bring things over. I lost my security deposit on my apartment as I left so suddenly, terminating my phone contract early was expensive and overall financially it is a struggle not being able to work yet. I am going to miss my sisters baby being born in a couple of months. The hardest was I didn't get to have my family and friends at my wedding... For some people they couldn't do that and that is why they go home and file for a K1 but for my own personal situation my relationship won and it was more urgent to stay with my now husband. Did I choose the easier option? Well I think it is a matter of opinion and depends on each person's own circumstances. I'm only at the start of my journey but I'm very grateful that we were able to decide to stay together and AOS as it may well have saved our relationship that had been weakening due to the distance.

[blk 87]

Hi GALBA78

I meant to put this with the copy of your quote lol, I'm in a similar position as you so I know how you feel, it's not an easy decision to make & you often feel torn up inside but now the journey has been started it has to be seen through to it's end. As has been said before everyone makes this journey in different ways & at the end of the day it's through personal choice in what way it's done.

[MacUK 983]

I can understand certain frustrations from those who have gone the longer route and filed for a K1/CR1 however those that do decide to drop everything to stay and file from a tourist visa also have to go through the consequences of that decision as well. I know from my own personal experience it was not an easy decision to decide to not get on a plane and go home. I didn't get to say goodbye to my family and friends and I know I hurt a lot of people by doing that. I had to quit my job suddenly after ten years and suffer the consequence that my reputation with that company may well be tainted. I had to put the burden on my brother to clear out my apartment, sell my things or put them in storage. I only have a suitcase of vacation clothes to live with at the moment until I can get someone to send or bring things over. I lost my security deposit on my apartment as I left so suddenly, terminating my phone contract early was expensive and overall financially it is a struggle not being able to work yet. I am going to miss my sisters baby being born in a couple of months. The hardest was I didn't get to have my family and friends at my wedding... For some people they couldn't do that and that is why they go home and file for a K1 but for my own personal situation my relationship won and it was more urgent to stay with my now husband. Did I choose the easier option? Well I think it is a matter of opinion and depends on each person's own circumstances. I'm only at the start of my journey but I'm very grateful that we were able to decide to stay together and AOS as it may well have saved our relationship that had been weakening due to the distance.

I'd say that your situation is what AOS was designed for. You didn't plan on moving when you entered and made a spur of the moment decision. If I'd known it was an option when I overstayed my VWP with my ex fiance I might well have done the same. Although seeing as we've since broke up I'm rather glad I didn't.

You made the decision after arriving and in knowledge that it would cause difficulties at home and I don't think there's many who would argue that you was right or wrong.

It's the people who quit the job, sell the house/end the lease, say all their goodbyes, jump on a plane and walk through border control saying 'Oh yes, I'm only coming for a couple of weeks vacation' when they know all along that they are lying and planning to AOS who need to be stopped.

It's these people who make it so that all AOS cases look suspicious, and it's these people who make it so hard for so many thousands of other people to legitimately visit the US.

[Boiler 45,486]

The issue is not people migrating with an option to legalise their status, it is migrating without.

[ValerieA 350]

This thread has gotten somewhat off-topic. It doesn't matter what your personal opinion of AOS is (although I do think a number of you have to look up what the definition of 'loophole' is). The point is to stop coming into this forum and spreading misinformation and trying to scare people off of doing something completely legitimate - we have enough experience here to warn them about real problems they might run into - claiming to be US citizen, misrepresentation, whatever. about the ability to AOS in your own forums if you want, but this particular one is to offer help and advice on AOSing from a number of different visas, it is not about opinions. Opinions about AOS belong in the General Immigration Discussion forum.