Improving the Spousal & Fiancee Visa Processes

[f f 725]

24 minutes ago, Russ&Caro said:

Other ideas...

- Increase required # of face to face visits to 2, or if there is only 1 visit then require a minimum # of days for that single visit, for example, 30.

- Enforce the AOS provisions. If an immigrant becomes a public charge in any way, go after the AOS signer(s) aggressively.

use a method like the irs does for determining if s child can be claimed as a dependent. it is essentially a way to weight the days in the more recent years more than the ones farther back. so days in the current year would count 100% the previous year would be 50% and the year before that is 25% and then you must have a certain number of weighted days to file. this would make more recent trips count more than older trips. also increase to two visits spaced some time apart would be good.

[David & Diana R 1,005]

3 hours ago, Marco&Bettina said:

Not trying to detract from the feedback you're requesting, but you do realize this new state department is pretty much anti-immigration right? I mean, they are highly interested in immigration reform but they're not exactly trying to make the changes that will make the process any less painful for any of us. How high ranking is this official?

That's right "They" are not making the process any easier.  And I as an American and my Filipina wife who is now a proud American are happy they are going to fix a broken system.  Yes it was difficult going through the process CR-1 but I could see where every item that was asked of us had everything to do with the process.  We were not asked for anything that didn't seem to apply to the process.  (Well with the exception of the corrupt Philippines and the so-called CFO scam...now that was a joke but that has nothing to do with the US Immigration process.)  My wife agrees that all ILLEGAL ALIENS should be bused and flown back to their own countries...including her fellow Filipino aliens who are here in the US ILLEGALLY.  Some say as many as 1 million are here illegally and my wife agrees they should ALL return home and if they find a pathway to come to the US they can file for it from the Philippines.  It is clear that proper background checks were not properly done on many coming to the US and this is what needs to be fixed.  It only takes one terrorist to get into this country to kill dozens or thousands of Americans.  And naming 7 specific countries and putting a 90 day hold is a smart idea.  After all...has anyone seen any blue eyed blonds run into a crowd and yell Allah Akbar and blow himself up??? No, and you likely never will.  On the other hand where are all the terrorists coming from?  It not the religion that is being temporarily banned, it's the terrorists that come from that "religion".  There are many other countries that are muslim and they were not all banned.  Go Trump!  Make America great again!

[ManCharsey 254]

2 hours ago, NigeriaorBust said:

  Actually it should clean up the lines and eliminate the preferential process for people with VWP or B visas.  It question was about streamlining the average process  which may make some shortcuts go away to benefit the average person.  

What you're proposing doesn't make sense and the premise you're basing it on is not true.

 

The longer wait time is at the consular stage (state department). Eliminating AOS from non-immigrant visas won't accomplish anything. If anything it helps cut down the line. If everybody was to go through spousal visas, it will be a disaster.

[ManCharsey 254]

2 hours ago, Kastrs said:

I agree with this

 

It is very frustrating to me that I know people who had their SO enter using the VWP marry and adjust (all planned)

USCIS allows AOS from a non-immigrant visas for a reason. Your personal frustration at some people adjusting before you did because you went the route of a spousal visa doesn't merit the process being discontinued. 

 

That's like a US citizen saying that no immigrants should be allowed into this country because an immigrant took up the job of a US citizen. 

[ManCharsey 254]

2 hours ago, NigeriaorBust said:

  But you can imagine  how it feels to be from somewhere that cutting in line isn't an option having to watch thousands of people push in front of you just because they think they are more important,

Again a matter of personal feelings..laws are not perfect.

What you refer to as a matter of 'cutting lines' is not seen by USCIS that way. Allowing AOS from non-immigrant visas is allowed for a reason. Personal feelings about someone 'getting in front of you' is trivial.

 

[Chardon Ne' 71]

I was thinking about this the other day and I was wondering what if anyone who wanted to immigrate could provided they pass the clearance? I mean I think this would cut down on fraud and illegal immigration significantly if ppl knew they truly stood a chance to immigrate as long as they were not convicted criminals. Also providing that they at least finished high school. I know they have the lottery but Im saying based on the available visa system they already use. 

[Roel 7,192]

7 minutes ago, ManCharsey said:

USCIS allows AOS from a non-immigrant visas for a reason. Your personal frustration at some people adjusting before you did because you went the route of a spousal visa doesn't merit the process being discontinued. 

 

That's like a US citizen saying that no immigrants should be allowed into this country because an immigrant took up the job of a US citizen. 

What.

Probably the only reason USCIS allows AoS from tourist visas and such - is money. Plain and simple. They get $xxxxxxx every year from those tourist visa girlfriends or boyfriends who totally didn't mean to get married and adjust but oh! suddenly they decided to do it. We all know that at least half the people lie when ask about the intent.

 

Your post sounds like you want to tell people who did the right spouse or fiancee visas that they are plain stupid because they could go faster with tourist visa and aos.

 

I wish USCIS would get rid of AoS possibility for "tourists".

[ManCharsey 254]

2 hours ago, f f said:

require police certificates when filing i485. currently it is possible to come here on b1/b2 and adjust your status without having to ever submit police certificates. so it is possible to hide past crimes if you never admit to them. if you apply for an immigrant visa abroad you must get police certificates from every where you lived 6 months or more so those crimes would have a better chance of being found.

What you are saying doesn't make sense.

 

When you apply for a B1/B2, the state department does a police background clearance with your respective country prior to the issuing of the visa. That's why there is a lead time between the day the consular official tells you you are approved to when you actually get the visa. Check online and see if there is a single time someone committed a crime (not a misdemeanor) but a crime with an active warrant and they were able to obtain a visa to the US..when you find it, let me know.

 

Same as when you get to the port of entry. CBP has access to interpol records etc. 

Point I'm making is, by the time you AOS, USCIS doesn't have anything to worry about. 

[Transborderwife 4,666]

1 minute ago, ManCharsey said:

What you are saying doesn't make sense.

 

When you apply for a B1/B2, the state department does a police background clearance with your respective country prior to the issuing of the visa. That's why there is a lead time between the day the consular official tells you you are approved to when you actually get the visa. Check online and see if there is a single time someone committed a crime (not a misdemeanor) but a crime with an active warrant and they were able to obtain a visa to the US..when you find it, let me know.

 

Same as when you get to the port of entry. CBP has access to interpol records etc. 

Point I'm making is, by the time you AOS, USCIS doesn't have anything to worry about. 

Aside from vwpers and Canadians 

[MacUK 983]

This subject comes up quite often and I always say the same thing.

 

A complete stop to AOS from tourist visas other than serious extenuating circumstances.

As @Transborderwife can attest to, there are times when adjusting status is necessary, but it should be the exception not the norm.

Just because someone doesn't want to go home doesn't mean they should be able to circumvent the process and abuse the intended purpose of a tourist visa.

Even if that proposal isn't workable, parents at least should not be included as an immediate relative when it comes to adjusting status.

 

Adjusting status should still be possible from work or study visas.

Those people may have been in the US for many years and developed relationships and roots in their new community. Far more than the tourist visa holder who meets a USC, marries and files to adjust within a week of getting off the plane.

 

I'd also suggest an end to forgiving overstays and working for immediate relatives, what's the point of having conditions to a tourist visa when they can be ignored at will if you play the system?

 

Another suggestion I'd make would be for a secondary tourist visa category for those who presently are unable to visit the US. More restrictive and with harsher penalties for misuse but would allow more people to be accepted. Of course the wording of this would have to be absolutely airtight from a legal standpoint as it's guaranteed that someone would attempt to challenge it in court and then it would be open to as much abuse as the current tourist visa.

 

 

[Marco&Bettina 502]

35 minutes ago, sarahandyunus said:

I agree with increasing the amount of visits from 1 - perhaps require a net amount of days spent together over the course of visits or something (Like a net total of 6 months, I'd say). One meeting could be a week long and that does not a fiance make! (watching TLC's '90 Day Fiance' has proven this to me). 

I'm all for making some sort of change to either # of visits or time spent but 6 months is preposterous! Let's take the case of my then-Fiancee and me for example. She, in Germany and me, in America, both needed to work to take care of our own lives and also pay for visiting and for immigration stuff. I don't know of any job in America that gives you 6 months vacation time. Even in Germany, they give you 1 month per year. It would take forever to meet a 6 month requirement.

 

Also, I proposed to her the 1st time I met her in person, about 6 days in, so I'd argue against your statement that I bolded. Personally, I would not advocate moving as fast as we did to anyone, but in our case, I had no reservations about it. When you know, you know. But if there is any doubt, then don't do it.

[Chardon Ne' 71]

39 minutes ago, Transborderwife said:

Define in any way, this came up on another thread.  For example, for a short period of time my daughter and husband received food stamps and Medicaid.  He fs card was in my name but we made it clear on the application that this was not for me, but because I was head of household it was in my name, though I did not receive benefits.

Food stamps and medicaid do not count as the type of benefits one receives as i864 enforceable. This is the misunderstanding most ppl have. It technically applies to cash assistance programs and long term hospital stays. 

What publicly funded benefits may not be considered for public charge purposes?

A. Non-cash benefits (other than institutionalization for long-term care) are generally not taken into account for purposes of a public charge determination.

Special-purpose cash assistance is also generally not taken into account for purposes of public charge determination.

Non-cash or special-purpose cash benefits are generally supplemental in nature and do not make a person primarily dependent on the government for subsistence. Therefore, past, current, or future receipt of these benefits do not impact a public charge determination. Non-cash or special purpose cash benefits that are not considered for public charge purposes include:

• Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, short-term rehabilitation services, and emergency medical services) other than support for long-term institutional care
• Children's Health Insurance Program (CHIP)
• Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs
• Housing benefits
• Child care services
• Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
• Emergency disaster relief
• Foster care and adoption assistance
• Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education
• Job training programs

[nickstgc 11]

3 minutes ago, Roel said:

What.

Probably the only reason USCIS allows AoS from tourist visas and such - is money. Plain and simple. They get $xxxxxxx every year from those tourist visa girlfriends or boyfriends who totally didn't mean to get married and adjust but oh! suddenly they decided to do it. We all know that at least half the people lie when ask about the intent.

 

Your post sounds like you want to tell people who did the right spouse or fiancee visas that they are plain stupid because they could go faster with tourist visa and aos.

 

I wish USCIS would get rid of AoS possibility for "tourists".

Sounds of someone with a grudge. Who said people going spousal or K1 route is suppose to be anymore privileged than someone doing AOS or either way around for that matter. At the end of the day we are all asking permission to live in someone else's country to be with your love one. People AOS without the prior intent majority of the times so just keep calm.

[ManCharsey 254]

12 minutes ago, Roel said:

What.

Probably the only reason USCIS allows AoS from tourist visas and such - is money. Plain and simple. They get $xxxxxxx every year from those tourist visa girlfriends or boyfriends who totally didn't mean to get married and adjust but oh! suddenly they decided to do it. We all know that at least half the people lie when ask about the intent.

 

Your post sounds like you want to tell people who did the right spouse or fiancee visas that they are plain stupid because they could go faster with tourist visa and aos.

 

I wish USCIS would get rid of AoS possibility for "tourists".

No that's not what I am saying. You are the one making comments without backing it with substantive facts saying the US government allows AOS because of money blah blah..that's nonsense. 

 

I will just re-iterate my point again, AOS from a non-immigrant visa is there for a reason. spousal visas and K1 visas are there for a reason as well. They are all good, none is bad. However, making an argument that AOS from non-immigrant visas should be stopped just because your spousal visa route took a long time doesn't make sense. Laws are not written out of peoples personal feelings..It's based on merits and demerits. 

 

Besides you are aware CBP has the power to ensure one can not adjust status by annotating the entry stamp (can not AOS etc.) if they see anything suspicious. I hope you are also aware that less than 5% of people who travel to the US with a non-immigrant visa adjust status. Trust me, if this was a problem, it would have been at the fore-front of these immigration reforms going up on the hill.

 

It's not a problem and that's why no body talks about it. The only people who talk about it are filers who are in their feelings about 'someone cutting in front of them'.

Edited February 3, 2017 by ManCharsey

[Roel 7,192]

2 minutes ago, nickstgc said:

Sounds of someone with a grudge. Who said people going spousal or K1 route is suppose to be anymore privileged than someone doing AOS or either way around for that matter. At the end of the day we are all asking permission to live in someone else's country to be with your love one. People AOS without the prior intent majority of the times so just keep calm.

No grudge. It's just my opinion.

But there should be rules and honestly love have nothing to do with the law.

People adjust from tourist visas or VWP, very often coming to the US with the intent to stay, because waiting few months for the spouse or fiancee visa is such a horrible, horrible experience and their weak hearts can't handle the separation. Sorry, but I always laugh at those people. If you're an adult and can't survive few months without your partner, there is something wrong with you. Find a job or a hobby, don't play the system.

 

Yes, I do think people who can handle doing the right thing should be more privileged.