Interesting article about a subject which comes up here

[Cyberfx1024 7,980]

4 hours ago, Orangesapples said:

There is a way to do things? You realize that this way can change? It's just red tape that benefits no one. Why do you want to force couples to live apart when it's much easier to let them AOS if they're OK with not being able to work right away? It looks to me like the people on here who waited feel bitter about others not having to wait. This is misplaced and irrational. I'm all for making other people's lives easier. 

 

Also, it doesn't make sense to me that a student visa doesn't allow for immigration intent. Isn't it in the best interest of the US to keep the graduates who received their education here and will be much better adjusted to American lifestyle and American values and are also apparently highly educated (especially if they graduated from a prestigious school with a high GPA) than to have random people with no special skills from the diversity visa lottary come here? 

Yes, I do realize things can change and that is why I am wanting an suggesting that they change that law so that people here on a tourist visa can not adjust status. I am not forcing couples to live apart at all, I am simply saying that we should allow the rule of law to take affect. I am not irrational and my feelings are not misplaced at all, I am simply stating that that people should be held to the SAME standard as everybody else and be forced to file a petition just like everyone else. How are you making people's lives easier if you are calling for simply skipping the line all together to go in the sidedoor instead of the front door? 

 

I am all for allowing people that came here on a student visa that went to university here and achieved a STEM degree be allowed to AOS as long the proper background checks are done on that individual. But you may not know this but alot of the foreign students that are coming here to go to college are people from China. So allowing them to AOS here straight off a college degree could open up the USA up to loads of espionage cases. Which companies, government contractors, and the Federal Government is well aware of because China loves to place it's 1st or 2nd generation citizens in to places where it can gain information that is then sent back to China. You need to wake up to the real world and not live in fairy tale land. 

Edited June 4, 2018 by Cyberfx1024

[EmilyW 1,441]

Re the Diversity Lottery, we have to possess - at the minimum  - a high school education.  This is a level of education not required for K1 or CR1 or family reunification visas where you truly do get 'random people with no special skills' other than their relationship to a US citizen / LPR.

Edited June 4, 2018 by EmilyW

[Mrsjackson 300]

Why is the K1 even called a non immigrant visa when clearly the intent is to immigrate? Sorry if this adds nothing to the conversation but this really confuses me however I’ve never felt it an important enough question to make an entire post about.. 

 

edit: nevermind I read the article and the part about dual intent. 

Edited June 4, 2018 by Mrsjackson

[Orangesapples 1,954]

45 minutes ago, Cyberfx1024 said:

Yes, I do realize things can change and that is why I am wanting an suggesting that they change that law so that people here on a tourist visa can not adjust status. I am not forcing couples to live apart at all, I am simply saying that we should allow the rule of law to take affect. I am not irrational and my feelings are not misplaced at all, I am simply stating that that people should be held to the SAME standard as everybody else and be forced to file a petition just like everyone else. How are you making people's lives easier if you are calling for simply skipping the line all together to go in the sidedoor instead of the front door? 

 

I am all for allowing people that came here on a student visa that went to university here and achieved a STEM degree be allowed to AOS as long the proper background checks are done on that individual. But you may not know this but alot of the foreign students that are coming here to go to college are people from China. So allowing them to AOS here straight off a college degree could open up the USA up to loads of espionage cases. Which companies, government contractors, and the Federal Government is well aware of because China loves to place it's 1st or 2nd generation citizens in to places where it can gain information that is then sent back to China. You need to wake up to the real world and not live in fairy tale land. 

So you just don't want people to skip the line because others wait? I'm all for making as many people as possible wait as little as possible. I don't care that I had to wait, I still don't want others to be unnecessarily separated. I want the law to change so that people can enter on a tourist visa and wait to AOS in the country. 

 

I never said to allow students to AOS straight after graduation. I said that it's silly not to allow immigrant intent for university students. And not just those who hold STEM degrees. 

16 minutes ago, EmilyW said:

Re the Diversity Lottery, we have to possess - at the minimum  - a high school education.  This is a level of education not required for K1 or CR1 or family reunification visas where you truly do get 'random people with no special skills' other than their relationship to a US citizen / LPR.

A high school degree is the bare minimum. It really doesn't mean anything. Almost anyone can get it. And family reunification visas are totally different - it would be inhumane if the US didn't allow immediate relatives of US citizens to live in the US. It's not random people who get those visas - it's people in genuine relationships with a US citizen. 

[NikLR 13,227]

Foreign students pay a lot for education but that doesnt mean they bring much to the table after the fact depending on the degree.  If their degree and work is worth something, they get work visas! Why shouldn't they also go home and improve the work force in their home country? Having a degree in the USA is just having a piece of paper.  People with BA and BSc degrees flipping burgers in the USA.  But in other countries that degree can get someone a good job to provide for their family and improve the economy.  No I dont think dual intent student visas are a good idea. 

[NikLR 13,227]

I do agree that immediate relatives do not need to have any special education or skills for immigrant visas.  Immediate family reunification is important. (Imho that means spouses and children... not parents.)

[Orangesapples 1,954]

2 minutes ago, NikLR said:

Foreign students pay a lot for education but that doesnt mean they bring much to the table after the fact depending on the degree.  If their degree and work is worth something, they get work visas! Why shouldn't they also go home and improve the work force in their home country? Having a degree in the USA is just having a piece of paper.  People with BA and BSc degrees flipping burgers in the USA.  But in other countries that degree can get someone a good job to provide for their family and improve the economy.  No I dont think dual intent student visas are a good idea. 

It's very hard to get a work visa as we all know and there's a lottery involved for H1b visas. I'm all for a points based system where applicants get more points if they have a US degree and a high GPA and where they're not chained to one company. Something like an EAD for a few years that can potentially turn into a green card. And even without that, it's still silly to question students entering into the US on their immigrant intent. 

 

And no, having a degree in the US is not just a piece of paper. It opens many doors. And improving your home country economy is not that simple. Also, maybe the student has better opportunities in the US and after going to college here, thinks of the US as their home. Maybe they don't want to waste their talent in a country where corruption would never allow them to make any impact. 

[Mrsjackson 300]

6 minutes ago, Orangesapples said:

It's very hard to get a work visa as we all know and there's a lottery involved for H1b visas. I'm all for a points based system where applicants get more points if they have a US degree and a high GPA and where they're not chained to one company. Something like an EAD for a few years that can potentially turn into a green card. And even without that, it's still silly to question students entering into the US on their immigrant intent. 

 

And no, having a degree in the US is not just a piece of paper. It opens many doors. And improving your home country economy is not that simple. Also, maybe the student has better opportunities in the US and after going to college here, thinks of the US as their home. Maybe they don't want to waste their talent in a country where corruption would never allow them to make any impact. 

To be fair, he/she did state that it depends on the degree. I have a psychology degree. Am I a psychologist? Lol no. 

[NikLR 13,227]

Students can have OPT for a year depending on the field. I dont mind extending that but I will disagree with students being allowed to AOS automatically. H1b is only one type of work visa.

 

 I agree that one degree doesn't help and that corruption can hinder someone returning to their home country but having educated people in a workforce improves the workforce.  I didn't feel a special connection to another province just because I was educated there.  If people really feel like the US is home after 2-4 years that's kinda sad to me. :/ 

 

As for a piece of paper, yeah unless you use it then that's all it is.  I have a degree that I dont use!  It's a piece of paper worth about 15k and 2 years of my life.  I haven't used that degree since I was 21 and I'm 37.  Anyhow... it's just my opinion. We all know about opinions. Lol!

[Ash.1101 1,756]

11 hours ago, Orangesapples said:

So you just don't want people to skip the line because others wait? I'm all for making as many people as possible wait as little as possible. I don't care that I had to wait, I still don't want others to be unnecessarily separated. I want the law to change so that people can enter on a tourist visa and wait to AOS in the country. 

 

 

Technically it is allowed, which is why it happens all the time. 

You don't want it so people can enter on a tourist visa and AOS in the country, you want it so there are no repercussions from doing so, which probably includes heavy scrutinizing of the case. These are two different things.

There are always back laws that make it so something can be impossible if anyone's willing to spend the time and try hard enough.

Much like how there are some people we've seen in the ROC forum, who have stated they want a divorce, but not right now or oops they forgot to ROC in time and the response is "Don't worry about it! Removal proceedings can take years and chances are you can appeal by then anyways, it's so backed up that you have plenty of time to get things fixed!" At that point, why even bother with a 90 day window, if it's so well known you can just slide on by because the whole system is backed up beyond control.

One of the biggest disconnects that happen here on VJ is that a lot of people ignore the facts portion of immigration. So many people simply believe because you love someone it should be enough, but you're also saying this coming from a country who in the most recent years accepted US citizens could marry for love regardless of gender. People consider the US a melting pot, but the US only puts those in the pot that they choose to do so if they are given the option.

So no, the government doesn't care about love, or your relationship truly. I'm sure PLENTY of cases of true love have gotten denied simply because of a weak paper case and a shady looking fiance/husband/wife.

We are paperwork to the government, no more, no less. Loosening the red tape creates more paperwork, which creates more wait times, which creates MORE paperwork (lawyers chiming in, people freaking out over wait times), and the government does NOT want more paperwork,

[Villanelle 4,122]

19 hours ago, missileman said:

Getting back to the article..........This attorney seems to say (if I am reading it correctly) that intent can be questioned at AOS...

This has been brought up on VJ before when it took effect. The issue is its in the FAM manual. Thats what embassies use. Its not in the USCIS policy manual which is what officers use to process AOS in the states. So theres no real impact of the change. If they change the USCIS policy manual it will be an issue.

[Binna 108]

16 hours ago, Orangesapples said:

So you just don't want people to skip the line because others wait? I'm all for making as many people as possible wait as little as possible. I don't care that I had to wait, I still don't want others to be unnecessarily separated. I want the law to change so that people can enter on a tourist visa and wait to AOS in the country. 

I thought there is actually a process designed for immigrant intent called K3 - Perhaps that should be the standard for AOS-ing after entering (with K3) instead of any other type of visa. And of course the K3 visa should take same time to process as the B2 visa. This imo would be the best way to go so that families can be together while they wait on I-130/AOS approval. Plus a complete halt to AOS from B2.

 

I wonder what happened to K3 visas, does it still exist?

[geowrian 22,337]

1 minute ago, Binna said:

I thought there is actually a process designed for immigrant intent called K3 - Perhaps that should be the standard for AOS-ing after entering (with K3) instead of any other type of visa. And of course the K3 visa should take same time to process as the B2 visa. This imo would be the best way to go so that families can be together while they wait on I-130/AOS approval. Plus a complete halt to AOS from B2.

 

I wonder what happened to K3 visas, does it still exist?

K-3 is obsolete. There were 29 issued all last fiscal year.

K-3 also takes as long as a K-1 to obtain (I-129F -> NVC for a case number -> embassy). A K-3 entrant still has to be petitioned, do the medical, etc. as a normal immigrant, so it's not faster than a K-1 at all and I canb't foresee that process changing (even if they had the will to change the laws).

[Cyberfx1024 7,980]

1 hour ago, geowrian said:

K-3 is obsolete. There were 29 issued all last fiscal year.

K-3 also takes as long as a K-1 to obtain (I-129F -> NVC for a case number -> embassy). A K-3 entrant still has to be petitioned, do the medical, etc. as a normal immigrant, so it's not faster than a K-1 at all and I canb't foresee that process changing (even if they had the will to change the laws).

Dang that is worse than the year before when only 129 were given out. 

[geowrian 22,337]

7 minutes ago, Cyberfx1024 said:

Dang that is worse than the year before when only 129 were given out. 

ikr?

There were actually 84 K-3 applications that made it to the embassy and were applied for. Only 29 were approved (58% final refusal rate), this is AFTER an initial refusal for missing documents, waiver, etc. That's a crazy high refusal rate for even the few that made it through USCIS and NVC somehow.

https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/NIVWorkload/FY2017NIVWorkloadbyVisaCategory.pdf

Edited June 4, 2018 by geowrian