Angry

[Russ&Caro 1,549]

2 hours ago, Pennycat said:

Simply put, you are being punished for everyone else in the world who immigrated on or otherwise abused a B2 visa, generally (why the policy of presumption of immigrant intent exists) and specifically those from her home country who came before her (rate of overstay/abuse directly effects the refusal rates on a country-by-country basis).  I would strongly urge you to get used to this because this situation will be the next several years of your life, having a hard path for the misdeeds of those who came before. 

I have never understood this argument put forth by countless VJ'ers during the 4 years I have been a member. If the USA feels that tourist visas are being abused by those who marry and adjust status, then the simple solution is to pass a law preventing adjustment of status on tourist visas. The VJ'ers making this argument feel that B2's and other non immigrant visas are being abused, but it's obvious that the US government doesn't feel that way at all. I personally feel that AOS on all non-immigrant visas, except k1, should be done away with legislatively. But I don't harbor resentment for people who have abided by the law and adjusted status within those laws.

[SalishSea 17,970]

2 minutes ago, Russ&Caro said:

I have never understood this argument put forth by countless VJ'ers during the 4 years I have been a member. If the USA feels that tourist visas are being abused by those who marry and adjust status, then the simple solution is to pass a law preventing adjustment of status on tourist visas. The VJ'ers making this argument feel that B2's and other non immigrant visas are being abused, but it's obvious that the US government doesn't feel that way at all. I personally feel that AOS on all non-immigrant visas, except k1, should be done away with legislatively. But I don't harbor resentment for people who have abided by the law and adjusted status within those laws.

Of course the US government feels this way.  Why else would applicants at certain high-abuse and fraud consulates receive much greater scrutiny and denials than those from low fraud countries?  Why is there a VWP?

[Russ&Caro 1,549]

7 minutes ago, Jorgedig said:

Of course the US government feels this way.  Why else would applicants at certain high-abuse and fraud consulates receive much greater scrutiny and denials than those from low fraud countries?  Why is there a VWP?

You're bringing up an entirely different thing. The high-abuse and fraud consulates are dealing with abuse of marriage visas, not tourist visas. And to prove my point, the VWP countries are the ones where AOS from B2's occur the most. Again, the US doesn't care about that so called abuse. If they did, they would pass a law preventing it.

 

EDIT: Or, the US government could simply do away with VWP which would hugely impact tourists marrying and adjusting status. But, of course, they won't do this because unlike the angry VJ'ers our federal government isn't upset by the fact that this is happening.

Edited October 29, 2018 by Russ&Caro

[kris&me 572]

3 hours ago, Going through said:

I'm curious to read the background on this story/any statement by the embassy---not denying what you are saying here---do you have links to any articles about the visa denial?  I haven't found anything in my google searches...

we do not have  denial reason 

they talked to the police department not us

embassy helped only to get her home

Edited October 29, 2018 by kris&me

[Pennycat 880]

1 minute ago, Russ&Caro said:

I have never understood this argument put forth by countless VJ'ers during the 4 years I have been a member. If the USA feels that tourist visas are being abused by those who marry and adjust status, then the simple solution is to pass a law preventing adjustment of status on tourist visas. The VJ'ers making this argument feel that B2's and other non immigrant visas are being abused, but it's obvious that the US government doesn't feel that way at all. I personally feel that AOS on all non-immigrant visas, except k1, should be done away with legislatively. But I don't harbor resentment for people who have abided by the law and adjusted status within those laws.

It's not an argument from here. It literally IS the reason. It's not just AOS due to marriage right away... that's just a small portion of people who abuse B2 visas. That's why it is overall "immigrant intent". The existence of a US fiance certainly doesn't help matters but isn't the only reason. 

 

The "how it should be" arguments are fairly useless when discussing how and why things actually are.

 

But, going there, I can see the case for doing away with AOS entirely (and then everyone needs to marry first-- could have a "marriage visit visa" like in the UK for folks who can't marry abroad-- but it's just to come, marry, and leave and wait for spouse visa) just as easily as I can see why AOS exists (the wait times for any sort of interview abroad would skyrocket and families/couples would be separated for years for no reason other than "some people abuse the system"). I personally don't think it would be worth it-- far easier to allow the H1Bs and students etc who just happened to find love in the 4-5 years they were in the US to just stay and adjust here. The B2s, clearly, are a different story, but the end result on that is that all of the B2 over-stayers who are here now (and let's not pretend that there's not a lot) who are *otherwise* law abiding, who have established lives and families etc AND who would be facing a 10 year bar for their overstay.... the first thing that would do would disincentivize "getting legal" and would fairly dramatically burden the system and destablize families etc.

 

I'm not exactly a fan of people who took this shortcut and got away with it, but I also don't see how anyone winds up better off making it impossible for them to get their papers in order. Maybe some people feel better off, or vindicated, or it feels "fair". But looking at the outcomes, I don't think it's worth it. I realize that other people prefer a more black and while, punishment focused approach, and I'm not sure that that's a difference that will ever be solved online, and certainly not at Visajourney. 

 

While we're talking about how it should/could be.... I would like to see is AOS from certainly B2s but maybe other non-immigrant visas (or within, say, 2 years of getting that non-immigrant visa) to cost like $5,000. That way, if it is your goal to make an end-run around the K1 because you don't feel like being separated, ok, great go right ahead and pay for it. Guaranteed AOS interview. Maybe higher relationship proof standards. Heck, add another 5 years wait time for naturalization, or make AOS from a B2 something that disqualifies you for naturalization if you really want to act as a deterrent. And for those who are long ago overstayers whose lives would blow up... I'm sure they'd be more than happy to pay that sum to get legal. The additional fees could possibly help speed things across the board. 

[SalishSea 17,970]

8 minutes ago, Russ&Caro said:

You're bringing up an entirely different thing. The high-abuse and fraud consulates are dealing with abuse of marriage visas, not tourist visas. And to prove my point, the VWP countries are the ones where AOS from B2's occur the most. Again, the US doesn't care about that so called abuse. If they did, they would pass a law preventing it.

 

EDIT: Or, the US government could simply do away with VWP which would hugely impact tourists marrying and adjusting status. But, of course, they won't do this because unlike the angry VJ'ers our federal government isn't upset by the fact that this is happening.

Huh?  This very thread addresses a denial of a B-2 for presumption of immigrant intent/abuse.  If the US didn't "care" about such abuse, why would alien tourists be screened at all?    And why is there a much higher rate of denials for applicants from poor countries?

[Shiran 1,134]

17 minutes ago, Jorgedig said:

Huh?  This very thread addresses a denial of a B-2 for presumption of immigrant intent/abuse.  If the US didn't "care" about such abuse, why would alien tourists be screened at all?    And why is there a much higher rate of denials for applicants from poor countries?

Russ&Caro point, the way I see it, that this "Caring" is not handled right on legislative level. Not to mention, ESTA countries have an easier bar. B2 situation now is "You should show us that your intent is to go back after visa duration expires, and you are coming solely to visit, and not to marry, or find some other way to state permanently!" But then it is followed up with "Oh, you did get married via serendipitous occasion while still in US.. well ok, you may stick around while we check how genuine things really are." Disallowing adjustment from those would make sense as they are meant to be short term visas and it would take care of things in the bud on legislative level, easing a burden of very subjective calls CO need to make currently during B2 interviews. 

[David & Diana R 1,005]

12 hours ago, JerryTetiana said:

I have to admit I'm just plain angry right now.  My fiance and I have submitted a K-1 back in July.  We like many of you now wait for months on end for any kind of notification that we can start our lives together.  While waiting we decided we would submit a B-2 in Kiev so she could come for the holidays to visit me in the US.  She just had her appointment.  It didn't last very long at all.  As soon as they found out we had K-1 in progress, they just told her to "wait for the K-1".  Are you serious!  How soulless and heartless.  We follow the process for the K-1 (who knows if it will actually go through - no one even looks at it for months!).  We follow the process for a B-2.  There is NO reason whatsoever to deny her the tourist visa.  And to just tell you to wait.  Frankly, I'm pissed.  That's unacceptable.  With dismissals like this, one can begin to see why there is such an immigration problem.  

Nothing to be mad about.  You only filed 3 months ago?  Do you have any idea how many people have come to the USA (under legal premise) and never left?  Perhaps millions according to national statistics.  You can't afford to be angry because you have a long long time to go before you get your fiance to the USA.  Patience is the key here.  In the mean time go visit her in her home country or any other country.

Edited October 29, 2018 by David & Zoila

[Ontarkie 14,313]

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