Non-immigrant visa for pending immigrants

[gryphon 20]

So do you think it would be more productive (if a snowball's chance in hell could be considered productive) to change the goal to allow non-immigrant visas for people involved in consular processing with the stipulation that no AOS is allowed?

BTW, I do appreciate the discussion, so thank you!

[HFM181818 750]

Congress (if they ever got off their behinds) would have to legislate that no more AOS or COS is possible (amending the INA) from a B2 (or F1 or H1B, etc) non immigrant visa. The only NIV in which AOS is part of the deal is the K1. So, keep it that way. And allow CPB to admit someone for, say, 30 days instead of the current (and silly) auto-pilot 6 months. If an arriving alien wants more time, let him or her make their case. End extensions. End waivers.

If all of that came to pass (har-dee-har-har), then perhaps more foreign spouses could get B2s to visit their USC spouse while all the paperwork is churning.

But trust is the key issue today.....trust that the possible new recipient of a B2 visa would actually visit, then return, which statistically, is unlikely.

So, since promises are worthless and in most cases, there is no such thing as a stronger tie to one's home country than is represented by having a USC spouse in America....and there is no real major problem with doing the AOS, why would a CO dole out a B2 visa that is going to be used once?

[NikLR 13,227]

I easily visited my husband in the USA. I am Canadian. Many others have done the same. I kept a job and a residence in Canada. I had proof of my ties to Canada but was never asked to provide them to the CBP when I crossed. Likely because I was able to answer their questions satisfactorily, mostly due to the fact that I had a job and my visits were short and sweet (never more than 10 days.)

Canadians don't need a visa to visit the USA. You do, however, have to be able to prove, if asked, your ties to Canada. The CBP website has a list of evidence to do such a thing.

[NikLR 13,227]

~~moved to general immigration discussion from AOS from family visas as OP is talking about an online petition and not asking questions about AOS from family based visas process~~

[gryphon 20]

For the time being I've been visiting her, as it is a much easier process. But less than ten days together at a time still isn't what I'd consider to be keeping a family together.

Did CBP know you were undergoing the immigration process when you would cross?

At this point, i don't even know what to say or not do say to them. She has an apt but not a job. All her family is there as well.

[Boiler 45,542]

I presume they knew I had a K1 in process, I was never asked. I do not know what the information they have in front of them when you seek entry is.

Why does she not have a job?

[NikLR 13,227]

For the time being I've been visiting her, as it is a much easier process. But less than ten days together at a time still isn't what I'd consider to be keeping a family together.

Did CBP know you were undergoing the immigration process when you would cross?

At this point, i don't even know what to say or not do say to them. She has an apt but not a job. All her family is there as well.

They didn't ask and I didn't mention it. Come to think of it one lady asked and I told her I didn't know because at the time we hadn't started the process. She then asked how we met and I told her playing video games. Because she was older I think that was more than enough information for her and she let me through. The most common questions were where do you work and how long are you staying. I was even asked where my husband works.

And no, 10 days at a time it isn't enough but it is what it is. I could only go down at most for 10 days at a time every few months because I worked. I couldn't just take lots of time off and still support myself. I needed my job. I also had my daughter to spend time with. My husband did not financially support me when I was in Canada because for quite some time he was unemployed and living off savings. We were on skype every day when we were both home. We even slept with it on. It helped lessen the ache of not having that person with you.

A job would help her visit.

I've posted it before but here it is again: https://help.cbp.gov/ci/fattach/get/46681/0/session/L2F2LzEvdGltZS8xNDUwNTgyNzA2L3NpZC9JV0VKenBFbQ==/filename/Intentions+and+Ties.pdf

(the link it's located on w/o the dl: https://help.cbp.gov/app/answers/detail/a_id/1192/~/canadian--citizens%2Fresidents%2Flanded-immigrants-entering-the-u.s.)

[gryphon 20]

We're a one-income family, and that's what we'd been doing for the past six years before they told my wife she had to get her IR1. Of course, the guy at the border also said she could apply for Advanced Parole, so I'm not sure he knew exactly how things work (or maybe I don't) and I'm not sure what they recorded in the system. We're both a bit worried about what to say or do because we don't want to mess anything up. I guess worst case, I could always just move to Canada. Her getting a job would really just preclude her from being able to stay for any extended period of time because of work (instead of just not being able to come into the US). I'll probably just go ahead and continue going up there.

Thanks for sharing your stories - we've also done the "leave Skype on all night" thing =) Hopefully you can understand what I'm getting at with the petition, but if you have wording suggestions or any other advice, I'm more than open to hearing it. I know I'll need to change the goal a bit.

[Boiler 45,542]

How often has she visited in the last 6 years?

[MacUK 983]

I don't mean to sound harsh but the reason your wife can't visit is because she broke the rules when she overstayed the very generous allowance Canadians have to visit the US.

Overstaying by a couple of days is 'unintentional', overstaying by a month is not.

Having said that, I do think there should be a secondary level of tourist visas available to people who would not otherwise be able to visit the US, be they a spouse of a USC or not.

People who have forfeited their visiting privileges like your wife (and myself), or people who come from countries where B-2s are harder to get approved.

A restricted tourist visa with absolutely no options for adjusting status and severe penalties for failing to comply.

Say, a lifetime ban without waiver from the US if you don't abide by the terms and immediate deportation for overstayers and workers when/if they are caught.

[gryphon 20]

She's visited quite often - so often we've lost count. But I can assure you the overstay was definitely unintentional. Definitely careless, but not intentional. We'd gotten so used to her flying back to Canada to see her Mom that when her Mom got better last year and she came and visited in May, we simply didn't remember that my wife hadn't been out of the country as she should've been. In any event, I don't disagree. if you do break the rules (intentionally or unintentionally), I don't think nothing should happen. That said, sometimes you have to look at why rules are rules in the first place, and if they're really of any benefit or not.

[Boiler 45,542]

Sounds like she was living in the US on a Visitor Visa.

You will need details of the visits for your immigrant applications. She flew? So should be easy.

[HFM181818 750]

The OP's point about why certain rules are in place when they are rarely enforced or are selectively enforced, which leads to a lot of confusion and other problems amongst the traveling public.

Better to legislate loophole-proof rules, have penalties that cannot be waived for those who are irresponsible, which, I hope, might lead to more people getting the chance to visit the US.

In the case of foreign spouses waiting outside the US for the 130 to make its way around USCIS, etc, along the lines of above, is to create a 'B3' visa, solely either for spouses of USCs or LPRs, who are waiting for the paperwork or priority date to arrive, who wish to break up the monotony of sitting by the Skype camera with some visits.

The B3 would allow admission for 30 days, with no extensions and no COS. While possibly issued as a multiple entry visa, the foreign spouse must go back home for at least 30 days before returning again. This new and improved visa would facilitate the wait (hey, there's a slogan for you!), and prevent foreign spouses from having to spend time and money asking for B2 visas and having them denied, which then generates a lot of ill will towards the USG, etc.

Now, on the other side, overstaying a B3 (unless the visa holder is in a coma!) will have some unhappy consequences...let's take the first problem....the B3 holder disappears in the US, never to be seen again....when and if that person ever resurfaces, they are immediately deportable without exception and are permanently barred from ever legally entering the US of A forever and a day...period. No stories, no rationalization, nothing...adios....

Next, the 'gosh I forgot I was supposed to go back' types who overstay by days or weeks....no AOS, the B3 is cancelled, never to be issued again. I might even consider a 6 month 'cooling off' period before completion of the IR1 overseas, just to demotivate people from abusing it, knowing their appointment is scheduled back home....yea, the more I think about that, the better I like it....6 months sounds like long enough to be an annoyance and sends a message: enjoy the privilege, but mess it up and it ends, along with some additional delay....after all, if people use this new visa correctly, enjoy it....preserve it....but for those who think our laws are for others, OK, we have a different end result for you.

And finally, it would be but a matter of moments before a somewhat pregnant foreign spouse arrives on her B3, and then has some doctor's letter saying that she has to stay, etc., in order to have the child....health issues, blah blah....OK...after she's out of the hospital, then two weeks later, she's on a plane back to wherever, to wait for her appointment overseas....again, NO AOS from this new B3 visa. Of course, the airlines should stop boarding women who are 6+ months along....but they seem not to care.

OK....what do you think? (of course, this won't work if Trump is elected president!!!!)

[KierenHby 899]

.....(if Trump is elected president!!!!)

Snowball's chance in hell.. though weirder events have happened in US history.

[gryphon 20]

I definitely would be elated to have that as a solution.

However, I have to ask, in terms of the bigger picture, why would there be a time limit at all - especially for spouses/children who have no wait time for a green card besides the processing time. Why should the individual be penalized for the sluggishness of the government? What is the real reason behind having that kind of restriction besides "that's the way it's always been done"?

That being said if HFM181818's proposal was a "take-it-or-leave-it" solution, I'd definitely be all for it XD