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

[r060106 109]

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...

Completely agree, yet again. All very well said.

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

More intelligent words I have not read on the forum in a long time. Great great point.

[r060106 109]

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".

Yet again, very well said.

[dannsca 1]

agreed to a point. Maybe the whole term 'tourist visa' should be eliminated altogether that would take most if the loophole out of the system, and divert those applicants into more specific cathegories, 'family visa'if planning on visiting family and do shopping or sightseeing- with the condition that the family in the US puts that person back in a plane at the end of their time here per visa- leisure if is vacation, or something like that, and to those specific not allow the AOS. Give the fiancee visa maybe with more time to stay, or automatic processing after getting married.

Unfortunately 'tourist visa' nowadays is an umbrella term for 'theres no specific term for your kind of visa'.

In my personal situation im adjusting from a J1,(filed i130,i485 sep) by the time we'll have our interview, it would be 10.5mo.

I do feel bad for ppl that are doing things 'by the book' and find themselves waiting a year plus to complete their process, its not fair, and should be addressed.

[Harpa Timsah 13,258]

I don't know why anyone would wish that others endure separation from their loved ones to conform to a bureaucratic process. USCIS even agrees that it would be overly bureaucratic to send people home just to have them come back.

For me, I wish for faster processing times for consular processes, so that separation for people who were not in the US be as short as possible.

[Boiler 46,180]

Having gone the K1 route myself, I would not go that way if I was doing it again.

[Hawst 0]

Maybe the whole term 'tourist visa' should be eliminated altogether that would take most if the loophole out of the system

Man, I had no idea I was using a "loophole" or I would have never come to this site asking for advice from an audience so opinionated against doing so. Having said that, if it is entirely legal and permitted to get married with someone visiting the USA, then I have no idea why so many are so afflicted from people doing it - other than the real root of the reactive responses which if you will be entirely honest is driven by jealously that A. they were not able it themselves - or - B. wish they had and wish to take out their frustrations on those who did.

Sounds to me like they need to put restrictions on Tourist Visas - or until they do - get over the fact that some are going to do it and try your best to unify to support those that did just as they would be unified in your success in your process. I am sure I am not the first person to do this, nor will I be the last.

Edited April 16, 2014 by Hawst

[Boiler 46,180]

VWP Express is much more popular than say the K1.

Just not so on VJ.

[christeen 966]

Well technically it is a "loophole" and do I blame people for using it? No. I am not jealous as we did what we did for our reasons and are perfectly happy, but I am not goi g to wholeheartedly "get behind and support" those who are circumventing the immigration system. I fully understand stand why some would do it, after all the system is messed up and not geared to actually reunite people... But as long as there is "two systems" (one being the official route and one being a loophole) the system cannot even begin to be streamlined...

Yes, sometimes circumstances change and there are legit reasons for AOS, but as long as it is open to so many who's only intention is to bypass the system, then it needs to be examined. I stand behind not allowing AOS from a tourist visa ... Get married here is fine, but if you came as a tourist, you should leave and fulfill the stipulations you agreed to upon your entry... And i dont think that by saying that we all need to play by the same rules makes me unsupportive of the VJ community... We all have to do what we think is best for our family and if that involves utilizing a widely available and totally legal loophole, then that is a choice that we make. I always wish everyone the best of luck and in many cases will advise people to take advantage of this loophole... But it does not remove the fact that it is in fact, a loophole....

[Hawst 0]

Help me out here to understand better this point. Is marriage during or while using a tourist visa considered a loophole officially by govt officials or is this something coined here on VJ?

[christeen 966]

It is perfectly legal to marry on a tourist visa... No issues whatsoever... People come here to marry all th time... However, It is not legal to enter the USA on a tourist visa with the intent to marry and stay (AOS) .. It is a law, not a VJ invention...

[elmcitymaven 9,712]

It's not a loophole. It's a different path for different circumstances. If a non-USC enters without intent to marry AND adjust, and is willing to deal with the difficulties of being unable to leave the US during adjustment of status, then it's a perfectly legal option. There is not a "right" way and a "loophole" way -- it's horses for courses. You pick the one that fits your situation.

[Boiler 46,180]

There is no way adjusting from a Visitor Visa can be described as a loophole.

Far to obvious an option and far to common.

Edited April 16, 2014 by Boiler

[elmcitymaven 9,712]

It is perfectly legal to marry on a tourist visa... No issues whatsoever... People come here to marry all th time... However, It is not legal to enter the USA on a tourist visa with the intent to marry and stay (AOS) .. It is a law, not a VJ invention...

That's not what he's asking. You have strong feelings about people availing themselves of this option if it fits their circumstances. So do many others here, clearly. But we shouldn't be offering value judgments on what is, essentially, not only a permissible path for the OP but really the path that best fits his circumstances.

[Hawst 0]

Many thanks "the maven" & Boiler, that explains a lot and helps puts some of the comments into perspective.

Edited April 16, 2014 by Hawst

[christeen 966]

At this point the OP has put himself and his family in a precarious situation where the wife entered as a tourist, whether she had the intent to stay and AOS I do not know, but she violated the terms of her admission and overstayed her visa to the USA and now is at risk of deportation... So they need to file for AOS to avoid separation and deportation... There is a set system for,those who wish to immigrate (move their family to the USA permanently) using g the tourist program to immigrate is a loophole, not a value judgement... I never ever said illegal, as it is perfectly legal... but a loophole nonetheless. A loophole is not something illegial, please see the definition of loophole outlined before.

Anyway, this thread has been sufficiently derailed already, to the OP, file,that aos petition ASAP... Do not put your family at further risk. And wait to have grandma apply for a tourist visa until she is in legal status here... Good luck.