thread locked - how I am to respond

[Greybeard 1]

As I am unable to find the route to contact a moderator, I must post here.

Can someone tell me how I am to respond to an unjustifiable accusation of a TOS violation (whatever that means).

It seems my thread has been locked because someone else can't read what I have clearly stated, so I shall state it here, unequivocally.

I have no intention of journeying to the USA, and overstaying the permitted length of my visa.

I have quoted the US Government's own pages in support of the action that I am taking.

If in their infinite wisdom, the moderators of this forum are unable to agree, then sadly, it has to be goodbye.

At least my experience in the USA has been more positive, and we shall in due course, achieve our goal.

John

[Villanelle 4,122]

John you werent accused of a TOS violation. The thread was closed because it was getting a bit to close to turning into a conversation that violates the general terms of service.

The moderator also asked that you not bring up the topic again. Since this thread is for discussing the things that arent suppose to be discussed anymore- I can tell you how it is.

You are only allowed to use the visa you are issued in the way it was intended. If you enter under the VWP you are entering as a tourist and are given a specific amount of time. You agree to leave at or before said time. If you do not leave you violated the visa. So therefore adjusting status in the US means not leaving and violating the visa.

Here on VJ there are strict polices about circumventing the laws. We only discuss using things the ways they were intended. Anything else violates the TOS. So again your thread was getting close to becoming a discussion on circumventing the laws and was closed.

[Boiler 45,525]

John you werent accused of a TOS violation. The thread was closed because it was getting a bit to close to turning into a conversation that violates the general terms of service.

The moderator also asked that you not bring up the topic again. Since this thread is for discussing the things that arent suppose to be discussed anymore- I can tell you how it is.

You are only allowed to use the visa you are issued in the way it was intended. If you enter under the VWP you are entering as a tourist and are given a specific amount of time. You agree to leave at or before said time. If you do not leave you violated the visa. So therefore adjusting status in the US means not leaving and violating the visa.

Here on VJ there are strict polices about circumventing the laws. We only discuss using things the ways they were intended. Anything else violates the TOS. So again your thread was getting close to becoming a discussion on circumventing the laws and was closed.

He said that was a route he was not going, nor one he actually could as his SO is a LPR.

[Greybeard 1]

Quote.......So therefore adjusting status in the US means not leaving and violating the visa........unquote.

Where is that assumption coming from ?

I specifically stated that I would be leaving USA and returning to the UK.

At some future time I should be returning and then apply for an adjustment of my status.

If you can't see that it would only occur after an I-130 had been petitioned by my spouse, an interview granted, and the new visa to join her in USA had been approved, then I despair.

Do I really have to spell out every detail for the other forum members ?

John

[Greybeard 1]

Boiler, my grateful thanks.

You have restored my belief in myself. I was beginning to think it was me !

John

[NikLR 13,227]

Quote.......So therefore adjusting status in the US means not leaving and violating the visa........unquote.

Where is that assumption coming from ?

I specifically stated that I would be leaving USA and returning to the UK.

At some future time I should be returning and then apply for an adjustment of my status.

If you can't see that it would only occur after an I-130 had been petitioned by my spouse, an interview granted, and the new visa to join her in USA had been approved, then I despair.

Do I really have to spell out every detail for the other forum members ?

John

This is the part that isn't allowed. You are not allowed to intend to visit the USA and AOS. If you told the CBP this, they would turn you around. It wouldn't matter that you had an approved petition or that there was a visa number available. To enter the country you would have to lie to the CBP. To do so, if caught, can lead to a lifetime ban of ever entering the USA. It is against TOS to discuss circumventing the law.

[Boiler 45,525]

You can on a K, but we never got that far

[Greybeard 1]

Thanks Boiler, and I shall continue to address my post to you, as no one else seems to understand that

I HAVE NO INTENTION OF TRYING TO CIRCUMVENT THE LAW. (Just to make sure that other people can understand !)

It is my understanding, backed up by my reading of the US Government's own web site, that I am allowed to marry whom I choose.

OK so far.

If I marry a LPR while in the USA, I must return to the UK at the end of my visit, two months in my case.

Still good ?

If my new wife then petitions the US government by filling out the appropriate forms, I know that the I-130 is one of them, and there are several others, eventually I may receive notification of an interview at the US Embassy.

If successful, I will be allowed to join my wife in USA, after which I can then apply for my status to be changed to a permanent resident

OK ?

However, during that waiting period, between her petition and my final acceptance by the US Government, I am still free to visit on the visa waiver program.

Please tell me if there is anything in this posting that suggests I am trying to circumvent the law.

Regards

John

Edited March 27, 2016 by Greybeard

[Boiler 45,525]

If successful, I will be allowed to join my wife in USA, after which I can then apply for my status to be changed to a permanent resident

OK ?

That the bit you got wrong, you get an immigrant visa so when you enter you become a LPR.

VJ has a major issue is concentrating on minor issues and ignoring the big ones, no idea how that can be changed.

[Greybeard 1]

So, my post should read

If successful, I will be granted a visa to join my wife, and I am then an LPR.

I thought there was some sort of intermediate status after my arrival with that new type of visa, before my status becomes that of an LPR.

If not, that's good news.

I seem to recall some saying about "not seeing the mote in your own eye" but I forget the full quotation !

Happy Easter,

John

ps have good friends in Denver

[Boiler 45,525]

Motes are looked for, beams ignored.

Going down to Denver tomorrow, I am in the Mountains. Will say hi

[NikLR 13,227]

Yup you apply for a visa after the petition is approved and when a visa number is available. Because your soon to be spouse is not a USC it takes another year than if they were. The visa category is F2A. After the interview you can then move to the USA with your immigrant visa. Once you POE you have a green card! (Not a hard copy one... you have to pay and wait for that one... sigh.. more money, more waiting...) The part you had erroneous was that you don't enter and adjust your status. Happy day. Glad we got it all sorted!

I'm always close to Denver... but likely not leaving the house so can't say hi to anyone but my own family. LOL My kidlet is here visiting so woo!

[NikLR 13,227]

Greybeard, for what it's worth, I apologize for not having completely answered your whole post the first time. I should have cleared up the issue of your assumption you had to AOS, when you really didn't have to do that step and already understood you needed a visa.

[Ban Hammer 13,344]

posts split from another thread into their own thread.

[Greybeard 1]

NLR - Thanks, apology accepted - water under the bridge !

Regards

John