Need advice & probably help. Just got a call and am now worried about my new family.

[Teddy B 17,252]

Christine did not adjust status from the VWP, she filed for a marriage visa.

I am one of the people whose significant other adjusted her status from a tourist visa after getting married here in the US. There are different situations and scenarios for everyone. Immigration is not one size fits all.

[Teddy B 17,252]

Christine's husband did not adjust status from the VWP, they filed for a marriage visa.

Fixed.

[r060106 109]

Christine did not adjust status from the VWP, she filed for a marriage visa.

I am one of the people whose significant other adjusted her status from a tourist visa after getting married here in the US. There are different situations and scenarios for everyone. Immigration is not one size fits all.

I don't have a problem with you for going that route. It's available and legal. But I do have a big problem with the fact that the rest of us who married someone from another country cannot go through the same process and aren't allowed to be with our significant other during the long and grueling process.

[dannsca 1]

I don't have a problem with you for going that route. It's available and legal. But I do have a big problem with the fact that the rest of us who married someone from another country cannot go through the same process and aren't allowed to be with our significant other during the long and grueling process.

Im sorry you had to go thru that. it sucks on either way! In one you are not phisically with your partner (husband or wife) while going thru the procedure.

in the other one, you have your partner wih you, but you fear every day if it was the last time you saw him/her.

If you came with an explicit intention to 'marry into a green card' thats a different story, and thats why theres an interview. You cant punish all couples because of the very few that married into a green card.

[christeen 966]

It is true, that we don't choose who we fall in love with, but we do choose whether we follow the rules and regulations to bring that person over to the USA. My husband visited me for years as my husband but as a tourist. When we decided to immigrate, we filed, he returned to Italy where he remained for 7 months till the visa was issued. We did not AOS .

There are so many people whose loved ones are not granted tourist visas or permitted to visit because of the fear that they will adjust from the tourist visa. If the option of adjusting form a tourist visa (of course with exceptions for say changes in medical or health or child situations) is eliminated, then more people could be reunited and spend time with their loved ones while the visa is processed and overall it would decrease separations.

Everyone has a choice as to whether they overstay their visa... Everyone who enters the USA knows how long they are permitted to stay and willfully ignoring that should not be given a free pass to skip the line...

Now I don't hate on others who have used the aos loophole to be with their loved ones... The loophole exists, ok, use it...sometimes I wish i had... But we did not.

I however, fundamentally disagree with the loophole even existing at all and i think it hurts so many other couples... Adjusting from student, work or other visas, I'm fine with that, just not tourist and especially from the VWP program because they are rarely even asked to demonstrate that they will return because the essence of the Visa Waiver is that they are permitted to enter without a visa in exchange for supposedly not able to adjust status.

Bit to choose to do,things using a loophole is a choice...

[jumpingb 1]

my recommendation would be just try to find an immigration lawyer that offers the first consultation free,write all your cuestions before your appoinment to make sure you dont waste your time on the interview plus you can have your mind clear to know exactly what you need to do and what to expect,you can try 2 or 3 different opinions (lawyers) before you decide to start the process to compare rates and be aware from any lawyer that guarantees you any legal status,remember lawyers are only the persons who can guide you step by step during the process depending on the case amd filing the requiered forms but the final decision always is on the hands of immigration. good luck!!!

[dannsca 1]

Like one the above comment said, immigration is not a one size fits all. For straight couples, yes, there maybe another ways to go around it, and not incour into overstaying and by that going into out if status.

My personal case,there was not a choice,going back and i would ended up dead in a box.

[Hawst 0]

Wow, after reading all of these comments and being completely new to immigration, it makes me "feel" like we are all owned cattle in a fence debating on how we ask our masters to allow us to go through the gate to another fence to join another cow we love... I know that will seem silly to you. Just an observation from an outsider of this process.

Edited April 16, 2014 by Hawst

[dannsca 1]

Hawst you my friend, just described the perfect painting for all this. I really hope that once you file, your process goes smooth and fast, so that your step son gets to see his grandma soon!

[Avery Cates 1,141]

Wow, after reading all of these comments and being completely new to immigration, it makes me "feel" like we are all owned cattle in a fence debating on how we ask our masters to allow us to go through the gate to another fence to join another cow we love... I know that will seem silly to you. Just an observation from an outsider of this process.

Unfortunately it's cows who have done things like you have that make it exceedingly difficult for other cows to even see the fence.

[Snag 57]

I however, fundamentally disagree with the loophole even existing at all and i think it hurts so many other couples... Adjusting from student, work or other visas, I'm fine with that, just not tourist and especially from the VWP program because they are rarely even asked to demonstrate that they will return because the essence of the Visa Waiver is that they are permitted to enter without a visa in exchange for supposedly not able to adjust status.

Bit to choose to do,things using a loophole is a choice...

You know, despite being an AOS from a tourist visa, myself, I do think the loophole is very unfair and probably should be taken care of (somehow). I watched a friend do her K1, and her process took over a year and a month. Ours took barely 3 months. I swallowed my guilt. But, AOS filers [edit: legal, honest filers] generally aren't wagging our middle fingers to all of the other filers.

But I suppose the question is, would you do it? (rhetorical, and "you" as in the general kind) If the cards aligned, and you could AOS legally (no intent), would you do it? We often do the things we proclaim we're adamently against when faced with the candy bar in reach.

I didn't even know AOS existed for about a month after my arrival the the states. We had looked into the spousal visa, the K1. In fact, our K1 was ready to go. Due to personal circumstances, we tied the knot early. It happens.

Anyway, back on topic. I enjoy reading these topics. I learn a lot.

Edited April 16, 2014 by Snag

[ValerieA 350]

There's a lot of people on here who do not understand the definition of 'loophole'.

[christeen 966]

Ok... using the farm analogy...

More like we are animals living on one farm with a good amount of food and water... we fall in love with a different animal living on a different farm (sometimes next door, across the road or clear on the other side of the valley) but the farmer who manages your farm is scared because there are animals on other farms that have tried to steal things from the farm, lied to their animals just to get n their farm,and eat his grass or have bad illnesses or are actually wolves dressed up and actually want to harm all the animals on the farm... So he wants to check all new animals who want to come live on the farm first. He had allowed some animals to visit his farm and see his lover, but so many of them that came just to visit, actually never went back to,their own farm until all the checks are done, so now he has to be super duper strict on anyone from another farm visiting ... If all is ok, then the new animal will be allowed to live here, but it takes time to check out the applicant...

[christeen 966]

You know, despite being an AOS from a tourist visa, myself, I do think the loophole is very unfair and probably should be taken care of (somehow). I watched a friend do her K1, and her process took over a year and a month. Ours took barely 3 months. I swallowed my guilt. But, AOS filers [edit: legal, honest filers] generally aren't wagging our middle fingers to all of the other filers.

But I suppose the question is, would you do it? (rhetorical, and "you" as in the general kind) If the cards aligned, and you could AOS legally (no intent), would you do it? We often do the things we proclaim we're adamently against when faced with the candy bar in reach.

I didn't even know AOS existed for about a month after my arrival the the states. We had looked into the spousal visa, the K1. In fact, our K1 was ready to go. Due to personal circumstances, we tied the knot early. It happens.

Anyway, back on topic. I enjoy reading these topics. I learn a lot.

Hell yes I would do it... That's why I don't hate those who choose this route. It is a choice and the mere fact you had to "swallow guilt" just highlights that you knew you were getting off easier than your k1 friends... .. It exists, so i say use it if it fits your situation...

My argument is that it should be eliminated all together ... Then there is not the temptation to do things via "alternative route" (since loophole seems to be a loaded word). I do not believe that those who,enter as a tourist whose sole stated and sworn purpose is to "visit" the USA should be given the option to suddenly say "oh, I decided to get married and stay". I think it promotes rushed decisions and circumvents the system (as inefficient as it is) that was designed for our protection. It also diverts resources from those who are doing things "by the book" which in turn encourages people to seek these alternative routes...

[christeen 966]

There's a lot of people on here who do not understand the definition of 'loophole'.

Loophole, and ambiguity or inadequacy in a system, such as a law or security which can be used to circumvent or otherwise avoid the intent, implied or explicitly stated, of the system.

The ability to "change ones mind and marry and decide not to go home as you agreed to do as part of your admission to the USA" in order to AOS and not be separated from your loved on and not have to go,through the specifically designed immigration system... Is by definition using a loophole in the system...