Thai wife of US Citizen for 10 years refused entry at airport

[MacUK 983]

Or if AOSing from a non-immigrant visa was perfectly possible but two or three times as expensive, to lower the cost of this "right way".

I'd disagree with that, such a step would just mean that it becomes 'ok' to break the rules if you're wealthy. There's already too many things in life that having plenty of money can overcome.

I also wouldn't go with the complete ban on AOS. There are circumstances where people do genuinely enter as a tourist but then things change.

What I would go for is more restrictions...

No more 'AOS cannot be denied based only on presumption of intent', if immigration suspect that the applicant intended to immigrate. Denied.

No more forgiveness for overstays or illegal work.

If a CBP officer stamps 'No AOS' on your passport. Guess what? Denied.

AOS should be restricted to spouses only. Parents of USCs who have the magical change of mind the second they walk out of the airport? Well, enjoy your visit and when you get home you can look forward to getting your visa in the future.

I won't hold my breath in anticipation of anything happening soon though.

[HFM181818 750]

Far simpler to just eliminate ALL COS/AOS from a B2....period. A K-1 is the only nonimmigrant visa that is DESIGNED to allow/engage the AOS, so, leave it that way. Without exception. Then, no more loopholes.

[asisflyer 47]

Far simpler to just eliminate ALL COS/AOS from a B2....period. A K-1 is the only nonimmigrant visa that is DESIGNED to allow/engage the AOS, so, leave it that way. Without exception. Then, no more loopholes.

Create a K-EXPAT visa class---- think about a K3 as a long-term non-temporary visa --- with dual intent purposes that lasts for 5 years with Multiple Entry / Duration of Stay ...

Expat U.S. Citizens overseas can then file for K-EXPAT, undergo enhanced relationship scrutiny, bypass the intent discussion for bona fide marriages of U.S. citizens. K-EXPAT would require an INA modification to permit non-US domiciled U.S. citizens to sponsor while maintaining foreign domicile.

THEN if they stay... a K-EXPAT would need to AOS to CR6 or IR6 COS code (AOS form of CR1/IR1)

2 Levels of Relationship interviews which would tend to be spaced a minimum of 6 months apart but very realistically 1+ years apart.

[asisflyer 47]

CatherineA --- I have read the entire AFM --- how about you?

I have read the entire INA with all the modifications over time - how about you?

K3 is a Non-Immigrant Dual Intent generally Multi Entry marriage visa unless specifically restricted.

K1 is a Non-Immigrant Single Entry restricted D/S to 90 days visa for a fiance.

CR1/IR1 are Immigrant Visa for married persons to enter for purposes of conditional or permanent residence which occurs at POE.

CR6/IR6 COS are AOS versions of same above which never have a visa issued as they are adjusted COS type stateside.

Big surprise - Many people marry and the 1 spouse stays abroad and the other stateside and they visit back and forth for years before

deciding to file and be together.... many of these parties are on VJ regularly. "Part time relationships" "Distance marriages" however you want to term it they can be K1 or K3 Part Timers OR

K1/K3/CR1/IR1 Full Time Relationships when U.S. citizens live overseas with their fiance's or spouses for years before seeking an immigration benefit.

The specific scope of my reference was part time relationships whether K1 or K3 as having a greater fraud risk characterization...... as opposed to full-time relationships whether K-1 or K-3...... again, my comment relates to the face that significant time co-habitating together reduces the potential for sham marriages where a party is being played or is knowingly in a sham.

As for my other statements ---- people give up their whole lives for love all the time... don't insult the people who leave their U.S. life and job and career and everything they know and move abroad to be with someone they care about.

I realize K-1 is personal to you but you'll never convince the typical American that 1 meeting in person and Skype records are the same as living with a spouse for many years together nomatter where on the planet you are. The number of K-1 runoff stories abound. The marriage fraud rates are shocking.

There are tons of B2 AOS and K-1 scammers --- and many times the U.S. citizen isn't aware of the scam being played.

LETS POLYGRAPH COUPLES about their RELATIONSHIPS !!! Suddenly wait times for interviews would be 1/3 and all the legitimate relationships waiting for interviews would smile ear to ear ................

CATHERINEA POST:

Part time relationships? Really? Here I was thinking it was possible to disagree without being rude or mean- spirited. Do you even know what a K3 actually is? Because (spoiler alert) it's not for fiances or "part timers". It's for married folks.

[asisflyer 47]

Far simpler to just eliminate ALL COS/AOS from a B2....period. A K-1 is the only nonimmigrant visa that is DESIGNED to allow/engage the AOS, so, leave it that way. Without exception. Then, no more loopholes.

Incorrect.. shall I list the other dual intent non-immigrant visas designed for Adjustment as you say?

[HFM181818 750]

K3s no longer exist....an L1 to H1b is NOT an NIV DESIGNED for COS/AOS, nor the reverse....same for 'G' visas, C1Ds are totally out of the picture...J1s are NOT DESIGNED for AOS...only the K1 is 'pre-programmed' for an eventual COS...

Shall I list my resume as a CO versus yours? Or perhaps you might care to share the number of applicants you have interviewed for visas? (0 is the number you are looking for)

I did not say that a COS from some other types can't happen...just none of them are specifically designed for that purpose...but then, had you even been a CO, you would know that.

[asisflyer 47]

K3s no longer exist....an L1 to H1b is NOT an NIV DESIGNED for COS/AOS, nor the reverse....same for 'G' visas, C1Ds are totally out of the picture...J1s are NOT DESIGNED for AOS...only the K1 is 'pre-programmed' for an eventual COS...

Shall I list my resume as a CO versus yours? Or perhaps you might care to share the number of applicants you have interviewed for visas? (0 is the number you are looking for)

I did not say that a COS from some other types can't happen...just none of them are specifically designed for that purpose...but then, had you even been a CO, you would know that.

Not meant to be disrespectful but the use of the word "design" came into play. "Design" versus "Permit".

H1B AOS is common and many F visas wind up AOSing all the time as you know, but were they "designed" from original idea for that purposes? NO. I get your point. But the language used in the act clearly provides for the possibility of these adjustments occurring. I would argue that the INA drafters would have had to know other types would adjust in the drafting and that therefore the word "design" can be broadly interpreted to include the motives of the drafting committee which will forever remain unknown unless we hear about in a long lost Kennedy biography. They argued so hard that Chain Migration would never occur with the INA and never change the face of America.

I see your point on "design" but its almost academic when the drafted language permits adjustments from so many other types.

Thanks for contributing to VJ.

[Ryan H 3,834]

~~~Closed for review~~~

***Thread closed to additional discussion as it has degenerated into back and forth bickering between members. Do not restart this thread.***

Edited October 27, 2015 by Ryan H