Gaps in Melania Trump's immigration story raise questions

[smilesammich 10,727]

1.7 million. That's middle class now a days.

least the obama's earned their 1.7 mill. unless obama or michelle's parents gave them a cool mill to start?

[We Keep Receipts 9,238]

On the mainland? Yes. Over here? That can't get you a decent house in the bad neighborhood.

least the obama's earned their 1.7 mill. unless obama or michelle's parents gave them a cool mill to start?

I saw what you did there

[Rob L 3,811]

My thoughts on this:

As much as I personally can't stand the guy, or the type of campaign he's running or his "stance" on immigration (I'm mostly bothered by the fact that what he thinks is a stance is just a mountain of evidence of extreme lack of knowledge about this whole thing, which is crazy-making), I think that the focus on this story is hugely misguided. There is a LOT of criticism to levy but it's not this specific type.

First, it seems likely that she was de-facto living and working on a B1/B2 visa until 1996. Her own words about going back to get her visa stamped and now photographic evidence of some sort of modelling work before her H1B timeline really points to this. Also, the fact that the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 got passed in, er, 1996, and is when she got the H1B also should raise a "lookie here" to anyone familiar with immigration.

But the issue is that the IIRAIRA was passed in large part to put a stop to exactly that kind of thing. Edit to add: border runs became impossible-- they started tracking exits at that point. It was still illegal but incredibly common with much less penalties than now and they gave everyone time to "get right" by getting the right visa which is what she did. Or, more accurately, I suspect, her *modeling agency* did. I would pay good money that whoever was running that place just took the cheap route of "what you can get away with" (which is getting the girls B1/B2s and having them border run) vs what is "technically legal". The girls probably had no clue, and still don't (I bet she does now). Now, ignorance of the law is not an excuse for breaking the law, and they would have told her at the embassy in Slovenia that she can't work. But. Who really thinks of modeling as "work"? Not meaning you don't need talent or whatever but that she's not employed in the sense that we all think of it. Or maybe she wasn't paid at all. Put up in some guy's apartment (creepy) and going on "job interviews" where her photos are taken (legal), but that the agency then sells.... wouldn't be the first time foreigners have been exploited due to their immigration status and lack of knowledge of the law. Right? Especially in the modeling world. She's probably lucky she didn't wind up on a stripper's pole somewhere trying to "earn" her passport back (given that time-frame and her region of origin I'd say she's definitely lucky).

Could this all be in my over-active imagination? Sure. But all of the pieces of her story and timeline and the known abuses in the entertainment industry are really pointing to "worked on a B visa, switched to H1B once immigration reform came through and made visa runs impossible, likely mostly the modeling agency's doing, and they're not famous for their human rights practices so... anyone's guess"

So now, excuses, excuses, yes, I know. BUT, this is real life here. This type of thing can and does happen ALL THE TIME (don't even get me started on the lawyers/travel agents overseas who charge folks an arm and a leg to do the DS-160 for a B2 and then lie all over the thing trying to give their client the best shot at the B2 and therefore *their* best shot at selling full price airfare for a 10% commission). So the criticism that can be levied isn't "HAHA this guy married "AN ILLEGAL" it's "how in the world is he married to someone who has been through this process, and possibly the really difficult position above and still have next to zero knowledge of immigration in general and clearly zero empathy or understanding for people with irregular paths to being in this country".

That, to me, is the issue.

Thank you Catherine, you are right on.

[elmcitymaven 9,712]

Perhaps all who file the I-129F in hopes of a K-1 visa should be required to prove, at the USCIS and consular levels, that they have the fees for Adjustment of Status already allocated and placed in a separate, otherwise-untouchable bank account.

I can get behind this. With all the horror stories we see on VJ of people caught in limbo, whether by unforeseen circumstances or a spouse who is enjoying withholding filing for AOS, an AOS escrow account is not a bad idea.

Of course we want everyone to be reunited as soon as possible. But being ready to be reunited -- emotionally, financially, socially, even residentially! -- is an important part of the process. I was a DCF CR-1 person, and I am thankful every single day that when we entered, we didn't have another bureaucratic hurdle with more $$$$$$ to surpass. We could get on with settling into the US, which was pretty tough for us both, given the very long period of time I hadn't been living in the States. He was a wreck even waiting for the green card to arrive in the mail; I can't imagine what it would have been like had we to do an AOS. Hey, maybe we would have broken up sooner when I realised all his nuttiness in the UK wasn't solved by moving to another country.

As to Melania, I'm going to give her the benefit of the doubt. She was young and her affairs were being managed by others. I don't cast any blame on her. All I see is the irony of the situation if -- if! -- it turns out she violated the terms of her visa, whatever it was.

Edit to add: and what Catherine said (which I hadn't read before posting this), because that was spot on.

Edited August 5, 2016 by Killary

[yuna628 9,750]

Perhaps all who file the I-129F in hopes of a K-1 visa should be required to prove, at the USCIS and consular levels, that they have the fees for Adjustment of Status already allocated and placed in a separate, otherwise-untouchable bank account.

Not bad, but I don't see this step being doable for them. I for one, can never understand those who bring the fiancés here, marry, and then never just get around to filing. It's not even just claims of ''having a dire emergency'' which drained saved funds.. but simply not even having the money in the first place. The fee is a chunk, I'll agree if you're on a tight budget.. but this is you and your spouse's legal lives and future together. It's an important part to me of them remaining here, and helping to protect them.. it shouldn't be an after-thought.

I'll agree with Catherine that I don't think Melania was entirely smart about her immigration dealings in the US.. but I've just read a report that states she got her green card based on marriage in 2001, before she met Trump (another conflicting statement from her). So... she married someone unknown to stay here, and then traded in a new scuzzy model? ;-) Who is the potential mystery guy? Inquiring minds want to know. http://thehill.com/blogs/ballot-box/presidential-races/290608-immigration-lawyer-raises-questions-about-melania-trumps

[Rob L 3,811]

I can get behind this. With all the horror stories we see on VJ of people caught in limbo, whether by unforeseen circumstances or a spouse who is enjoying withholding filing for AOS, an AOS escrow account is not a bad idea.

Of course we want everyone to be reunited as soon as possible. But being ready to be reunited -- emotionally, financially, socially, even residentially! -- is an important part of the process. I was a DCF CR-1 person, and I am thankful every single day that when we entered, we didn't have another bureaucratic hurdle with more $$$$$$ to surpass. We could get on with settling into the US, which was pretty tough for us both, given the very long period of time I hadn't been living in the States. He was a wreck even waiting for the green card to arrive in the mail; I can't imagine what it would have been like had we to do an AOS. Hey, maybe we would have broken up sooner when I realised all his nuttiness in the UK wasn't solved by moving to another country.

As to Melania, I'm going to give her the benefit of the doubt. She was young and her affairs were being managed by others. I don't cast any blame on her. All I see is the irony of the situation if -- if! -- it turns out she violated the terms of her visa, whatever it was.

Edit to add: and what Catherine said (which I hadn't read before posting this), because that was spot on.

The double irony on Visa Journey is that if Melania was asking for advice on this site given the apparent conditions,would have been met with howls of accusations about her illegal stay...seems to be OK if you are a prospective first lady slash central European model slash pinup object d'art Edited August 6, 2016 by Rob L

[Pennycat 880]

The double irony on Visa Journey is that if Melania was asking for advice on this site given the apparent conditions,would have been met with howls of accusations about her illegal stay...seems to be OK if you are a prospective first lady slash central European model slash pinup object d'art

I agree with you about the double standards for sure but the advice would be "cut it out before you get caught and come back with a proper visa" which she did. That's not possible anymore because they track exits now, so the only option is to leave and take your punishment or stay illegal. No one will (or is permitted to) advise remaining illegal, and that, I think, is where a lot of piling on comes from.

I just realized that if my theory is true, she'd have had to lie about working on B1/B2 to get H1B right? And we don't know how she got the GC but if she didn't adjust through marriage, illegal work isn't forgiven (and misrepresentation never is?). Hrm.

Also holy all the misunderstandings on social media "she had a visa she was legal" or "Slovenia is in visa waiver program she didn't need a visa to move here" ::headsmack:: these are the folks who want to deport 11 million people, 5 million of whom "have visas".

[TBoneTX 46,319]

wealth; [...] can afford to bribe consulates so willing

? !!! ?!

Edited August 6, 2016 by TBoneTX

[smilesammich 10,727]

? !!! ?!

money talks.

[smilesammich 10,727]

Perhaps all who file the I-129F in hopes of a K-1 visa should be required to prove, at the USCIS and consular levels, that they have the fees for Adjustment of Status already allocated and placed in a separate, otherwise-untouchable bank account.

i understand why this is a responsible/sound idea. but to be honest, if i had to have the aos money prior to filing the k1, i don't know how I would have made that work. coming out of a divorce, no child support - my son and I lived with a friend for a year to save up to get back on my feet, get my own home again, visits to canada, and preparing for the time when my husband would be here but unable to work. when i drove up to montreal to get him and activate his visa, a gd nj deer totalled my car. suddenly we had an onslaught of unexpected expenses. but we still went through with the process. when it came time to file for aos, we took out a loan to cover it. no way would we ever want to live with the stress of not filing aos. six years in, we're slowly building from the ground up. my point being, aos isn't a necessity at the very beginning of the process. even with unforseen circumstances if you're committed to the process, you will find a way to file or there should be a emergency stay or additional financial review if a couple gets to that point and has serious obstacles. marriage based immigration's bottom line can't be the fees. imo. Edited August 6, 2016 by smilesammich

[Lemonslice 4,992]

Is that annual income or assets?

[OriZ 3,157]

I'm with val on that one.

[Merrytooth 5,748]

Is that annual income or assets?

annual income

http://money.cnn.com/infographic/economy/what-is-middle-class-anyway/