Adjusting via B2 visa....should the law be changed?

[Nemeseax 36]

26 minutes ago, RLA said:

The 10 years don't matter.  Not only obtaining a tourist visa would be fraudulent.  It's also fraudulent to enter on a tourist visa if you actually intend to stay.  Every type of visa has a specific, limited purpose.  Using it for any other purpose is visa fraud. 

Absolutely clear - as previously said in 10 yrs might happen that sudden unplanned changes ( without any intent ).I have understood that poster wanted to warn about strictky obtaining tourist visa for immigrant purpose. 

Btw. If talking about changing immigrant laws here are some of my ideas: 

1) Not totally forbid AOS from VWP/ B2 , but " grill " people much more at interview; especially about intent, ties to their home country,  etc

2) forbid AOS for overstay  longer then 6 months  ( for less overstay  then 6,  they would need a special vaiwer)

3) change some rules in K1 and make them more " strict " 

Hopefully less fraud, and still some hope for honest people. 

[Steeleballz 7,550]

6 minutes ago, RLA said:

It's an illusion that we'd ever be able to create a visa system that's 100% impervious to fraud.  Fixing the system can only mean to improve the balance between fraud and legitimate use.  To be able to do that we'd first need some decent estimates how much and what kind of fraud there is and what damage it actually does.  There don't seem to be any, and so we're just poking into the mist. 

 

   That's exactly it. We are seeing a lot of changes suggested based on feelings. The data you already posted, while incomplete, already shows that there is not really as much fraud going on with the B2 as some are suggesting. 

 

   There are so many other things that need to be addressed with our immigration system. This B2 AOS argument comes up over and over here. It always seems to be based on a bit of resentment and the misplaced feeling that someone is cheating. I think it's best that people not get too caught up in it. Their immigration journey will be over long before the system changes. Best to just enjoy the time we have. It doesn't last forever.

[Unidentified 2,930]

I wish they (people in charge of immigration laws could decide to either allow AOS on any visa or just close the door completely and only allow adjustment from K1 and CR1 (when it comes to marriage) and that would be the end of this fairness, loophole, fraud or no fraud discussion. 

[Nemeseax 36]

2 minutes ago, Steeleballz said:

 

   That's exactly it. We are seeing a lot of changes suggested based on feelings. The data you already posted, while incomplete, already shows that there is not really as much fraud going on with the B2 as some are suggesting. 

 

   There are so many other things that need to be addressed with our immigration system. This B2 AOS argument comes up over and over here. It always seems to be based on a bit of resentment and the misplaced feeling that someone is cheating. I think it's best that people not get too caught up in it. Their immigration journey will be over long before the system changes. Best to just enjoy the time we have. It doesn't last forever.

I agree with you. 

I have asked- why people who has already finished their immigration journey even care that much about AOS on B2 or any other " issue" ? They seem to be the " loudest" here. Why they don't enjoy their time with their spouses instead of taking care who has AOS- ed from which visa and is that fraud , legal, semi- legal. The law is as it is- for now; and we have just one life. When you come at my ( and older) age, and not have so much in front if you- I hope you will understand better what I am talking about. 

[Unidentified 2,930]

1 minute ago, Nemeseax said:

I agree with you. 

I have asked- why people who has already finished their immigration journey even care that much about AOS on B2 or any other " issue" ? They seem to be the " loudest" here. Why they don't enjoy their time with their spouses instead of taking care who has AOS- ed from which visa and is that fraud , legal, semi- legal. The law is as it is- for now; and we have just one life. When you come at my ( and older) age, and not have so much in front if you- I hope you will understand better what I am talking about. 

Because we know there are so many k1 and cr1 couples out there who can't come visit on a B2 visa because many who came before them decided to abuse their B2 visa's and mess it up for the rest of them... Just because we are "safe" doesn't mean we won't support other couples on their journeys. 

 

[Ban Hammer 13,248]

19 hours ago, elmcitymaven said:

I've been on VJ for 11 years now and I will repeat what MY elders and betters told me:

 

IT'S A FEATURE NOT A BUG

 

in programming, a feature is a bug with seniority.........

[Nemeseax 36]

40 minutes ago, Unidentified said:

Because we know there are so many k1 and cr1 couples out there who can't come visit on a B2 visa because many who came before them decided to abuse their B2 visa's and mess it up for the rest of them... Just because we are "safe" doesn't mean we won't support other couples on their journeys. 

 

Supporting others is great thing,but discussion about things we have no power to change is  okay if not overloaded as we all do here .

Personally I know my reasons why I do AOS from B2 and not CR1; willing to explain every little  detail. If officer decides I have made fraud and orders deportation- I will suffer consequences , no one here but me. The same will be with anyone else in my situation - so I don't think people have to care about us at all .As I have said  ( described) we are all different and no one can say that ALL  K1/ CR1 couples are perfectly honest; they are not, but they do their journey  legally, and have my respect for that( the honest ones of course).

[Steeleballz 7,550]

5 hours ago, Unidentified said:

Because we know there are so many k1 and cr1 couples out there who can't come visit on a B2 visa because many who came before them decided to abuse their B2 visa's and mess it up for the rest of them... Just because we are "safe" doesn't mean we won't support other couples on their journeys. 

 

 

     Many countries that have difficulty getting B2's are because of a history of overstaying. The Philippines for example. USCIS does not consider legitimately adjusting status from a B2 to be "abuse of the visa".  

 

   

[Nemeseax 36]

6 hours ago, Steeleballz said:

 

     Many countries that have difficulty getting B2's are because of a history of overstaying. The Philippines for example. USCIS does not consider legitimately adjusting status from a B2 to be "abuse of the visa".  

 

   

What is with people who come to USA om VWP/ B2 overstay who knows how long  ( trigger 10 yrs ban) - then just fill for K1 and come back  

Doesn't look so  innocent to me. Or many divorces before ROC  ( they fill for waiver and all good).There are also another situations legally okay but if you look closer- suspicious. So, not only we on B2 are " abusers" , the others are just covered by law. 

Or we need to start a new topic here about them. I think that is just waste of time; we can't change the law, we can just become bitter because something is unfair.  

 

[Dashinka 24,353]

3 hours ago, Nemeseax said:

What is with people who come to USA om VWP/ B2 overstay who knows how long  ( trigger 10 yrs ban) - then just fill for K1 and come back  

Doesn't look so  innocent to me. Or many divorces before ROC  ( they fill for waiver and all good).There are also another situations legally okay but if you look closer- suspicious. So, not only we on B2 are " abusers" , the others are just covered by law. 

Or we need to start a new topic here about them. I think that is just waste of time; we can't change the law, we can just become bitter because something is unfair.  

 

Maybe this is a result of mixing immigration laws with human relationships.  Maybe we should just create three visa categories, visitor (NIV), immigrations (IV) and work/employment (dual intent), and not give priority to anyone.  That would eliminate the K1 and not allow for AOS on a B2, and anyone that wants to immigrate on an IV just gets in line.

[RLA 323]

46 minutes ago, Bill & Katya said:

Maybe this is a result of mixing immigration laws with human relationships.

What's the purpose of having legal immigration, anyway?  Enabling your citizens to have relationships with foreigners is definitely an important part of it.  So i don't see how we could unmix the two issues. 

[Dashinka 24,353]

2 minutes ago, RLA said:

What's the purpose of having legal immigration, anyway?  Enabling your citizens to have relationships with foreigners is definitely an important part of it.  So i don't see how we could unmix the two issues. 

I agree.  As others have said here, there will be some amount of fraud with all visa types, but it appears that those numbers are not huge.  My suggestion was not meant to be serious.

[Wiz_Fit 26]

Sorry to post on this - just wanted to drag up another point that is my case.

 

My spouse and I are adjusting from a B2..... We dated for a year before her visiting and me proposing before she left. I was going to wait until my next visit to her and do the K1 process but my daughter said daddy please dont let her go anymore. In your original idea, my spouse and I could have never been. I have joint custody with my ex wife. We are currently 4k$ in lawyer fees trying to fight to get a judge to grant me rights to even take my kids with her on a 2 week vacation to the Philippines to visit her extended family there. We've been married for over a year, shes changed diapers for kids she didn't birth along with so many other things.

 

How would it be possible for us to be together in this 2 years in her country before allowing her to immigrate? If we waited to adjust to k1 and then came, then what do you want me to tell my daughter who's gonna see her new mom as someone who leaves her or takes her dad away on a vacation she cant goto? Theres always circumstances to everyones situation.

[Unlockable 7,314]

2 hours ago, Wiz_Fit said:

Sorry to post on this - just wanted to drag up another point that is my case.

 

My spouse and I are adjusting from a B2..... We dated for a year before her visiting and me proposing before she left. I was going to wait until my next visit to her and do the K1 process but my daughter said daddy please dont let her go anymore. In your original idea, my spouse and I could have never been. I have joint custody with my ex wife. We are currently 4k$ in lawyer fees trying to fight to get a judge to grant me rights to even take my kids with her on a 2 week vacation to the Philippines to visit her extended family there. We've been married for over a year, shes changed diapers for kids she didn't birth along with so many other things.

 

How would it be possible for us to be together in this 2 years in her country before allowing her to immigrate? If we waited to adjust to k1 and then came, then what do you want me to tell my daughter who's gonna see her new mom as someone who leaves her or takes her dad away on a vacation she cant goto? Theres always circumstances to everyones situation.

Thanks for sharing your story. We understand your plight. But one of the points you missed is that even though YOU are capable of visiting the US, there are many who don’t have the same privilege. There was a poster earlier this week who wanted to know if there was a way to make the process go faster because she is pregnant and wanted her fiancé by her side for their child’s birth. So he doesn’t have the same situation as you do. And that is why many say it is an unfair loophole. 

 

So it is... either allow everyone to get visitor visas, to be able to see their lives ones, or, don’t let those who have it cut in line while everyone else wait in misery.

Edited May 5, 2018 by NuestraUnion

[Wiz_Fit 26]

19 hours ago, NuestraUnion said:

Thanks for sharing your story. We understand your plight. But one of the points you missed is that even though YOU are capable of visiting the US, there are many who don’t have the same privilege. There was a poster earlier this week who wanted to know if there was a way to make the process go faster because she is pregnant and wanted her fiancé by her side for their child’s birth. So he doesn’t have the same situation as you do. And that is why many say it is an unfair loophole. 

 

So it is... either allow everyone to get visitor visas, to be able to see their lives ones, or, don’t let those who have it cut in line while everyone else wait in misery.

 

 

No my wife was able to visit from the Philippines while we did long distance. I live here and with a spiteful ex; was severely limited ability to visit her and relied on her coming here. I get skipping the line sentiment.

 

However in our situation after your 6 year old spends a week with someone then 2 weeks later and then another 2 week visit just to be told she's leaving again gets a bit hard. Not to mention my youngest is 1, the connection they have now would not have been possible with her not just finally staying. 

 

Kids change everything and to have a cut and dry thay would essentially have me either give up my kids with an ex to go there or require my kids to always wonder if there step mom is leaving cause she's done that for the last 2 year's isn't good.