This is frustrating!

[Lemonslice 4,836]

10 minutes ago, OrihimeandIchigo said:

No I see your point on that. I understand stuff like that happens, what really upsets me is when people go over on a "tourist visa" with the intent in the beginning to just adjust status in US. It really pisses me off because its not fair or right of them. I totally get for students and work visas. Sorry If I came on strong its just upsets me that people think they can cheat or skip the line. 

Let's imagine someone from the same country as you, coming over and adjusting status from a tourist visa after a "sudden change in circumstances"....

 

... this person is in fact getting out of your line to interview at the consulate, thus potentially making things faster for you also.  Consular resources are extremely limited and expensive - they won't expand as quickly as the variation in your your waiting queue.   

 

They will soon realize that adjusting status is not all fun and roses, and time to green card can even be longer, depending on location.

Edited February 21, 2020 by Lemonslice

[Nat&Amy 623]

It is a flawed system. People who come to the US to "visit" and then decide to permanently move at the drop of a dime will never convince me they hadn't considered the possibility of staying before boarding their flight. But again, how to prove or disprove one's thoughts? Of course no visitor in their right mind would tell a CBP officer "here to visit/study but hey, if my boyfriend/girlfriend proposes, you know what? I might as well stay". And CBP can't read minds.

 

But they can, and should, read text messages, emails and social media posts to make sure the story they are being told is the same story the "visitor/student" is telling others.

 

The system can be changed to be less unfair and it might not be as hard as we think. You come to visit, spend two, three months in the country and decide to AoS through marriage? Not possible unless in case of extreme circumstances such as severe health conditions. Otherwise, you go back home and wait like everyone else.

 

You're here about to graduate from college after 3/4 YEARS of study or work? Met the love of your life and decided to stay and marry? Sure, many countries allow that, but they will ask for a combination of something like X years married AND of legal presence. Surely the US can do the same if they want to, but do they want to? That's the question. 

 

In the meantime, we will have to sit here and wait. Again, I don't think individuals that skip the consular processing and AoS instead are the ones to blame. They are merely taking advantage of a shortcut that the system is giving them.

 

[Naes 12,205]

I hate this AOS system from NIV also because it affects family members visiting too. There are really good systems many other countries using and already established that can be used here and get this more regulated. Which would also reduce wait times at least slightly for properly filed petitions.

 

It is so hard to get a tourist visa if you are the spouse of a US citizen. And I don't think my parents will be able to get it easily when we want to either, even with all the ties and properties we have, I am the only child in the end.

[NikLR 13,227]

So for example Canada allows for intent to immigrate for spouses and minor children.  They provide the spouse with a work visa while the inland process is happening.  However Canada doesnt consider a parent (or grandparent) to be an immediate relative and it takes YEARS for them to immigrate.  Theyre given a super visitor visa allowing for multi visits for mutlitple years but they cant do the inland process. 

There is no sibling sponsorship except as orphans (you could also sponsor an orphaned niece or nephew too.) So if you only had one sibling left alive. Strangely you could sponsor an aunt if you arent married and childless and shes the only blood family you have left in the world.  It's really specific.

 

So the point is, either AOS is okay for spouses and minor children only, or its not okay ever.  But it is a legal path and Im not someone else's judge and jury.  I know of someone who literally lied to immigration.  It was frustrating for both my husband and me when we were going through the process.  But not being able to travel was never an option for me.  Being jobless always gives me a feeling of hopelessness.  I dont envy their wait to be able to work or travel.  It would be a different kind of insanity to live through as an independent person. 

[NikLR 13,227]

1 hour ago, OrihimeandIchigo said:

No I see your point on that. I understand stuff like that happens, what really upsets me is when people go over on a "tourist visa" with the intent in the beginning to just adjust status in US. It really pisses me off because its not fair or right of them. I totally get for students and work visas. Sorry If I came on strong its just upsets me that people think they can cheat or skip the line. 

Dont let other people's choices make you angry.  You made the right choice for you. That needs to be enough. 

[carmel34 3,622]

I agree with your post OP.  Unfortunately, with the gridlock in our federal government these days, things will not change, the system is what it is and people will game it, exploit it.  There are whole communities inside and outside the US who help each other get to the US any way they can.  After my husband arrived last year on a CR-1, he joined a Facebook group of Brazilians in the SF Bay Area.  There are attorneys advertising their services, to help people who entered on a tourist visa become legal through bogus asylum claims or get married and adjust status, and many who charge a fee for illegals to use their Uber or Lyft accounts so that they can work.  They share information on which hospitals to go to where they can get free healthcare services.  It has been very interesting and eye-opening to learn more about this community, and I'm sure similar ones exist all over the country. The sad part of all this is that many come to the US on tourist visas planning to stay, hoping for a better life, and then they find out how expensive it is here and how hard it is to earn money in the underground economy.  For many of them the American dream is more like a nightmare.  

Edited February 21, 2020 by carmel34

[Nat&Amy 623]

13 minutes ago, carmel34 said:

For many the American dream is more like a nightmare.  

Being from Brazil myself, I find your post on point and can guarantee that "schemes" of all shapes and forms are a common thing there. What actually blows my mind is that people have to pay to take part in such schemes - more often than not, several thousands of dollars. Just the other day I was reading the story of this lady who paid the equivalent of 20k USD to have her and her kid cross the border via a coyote, which begs the question: why not use that amount of money to better one's life in legal, safer ways?!?

 

But for many, even when the American dream becomes a nightmare, it is still a better reality than the one they would have back home, where in many cases you might get killed because of your religion, sexual orientation or color of your skin. In that sense, living off ridiculously low eages and living in a car is still a better option, especially if you pick a sanctuary state, for instance.

 

Having worked closely with other Embassies around the world (Australia, New Zealand, Portugal, etc), I have always been shocked at how lenient the US immi is when it comes to immigration in general. Overstay forgiven for spouses? AoS from a visitor visa? Citizenship given to children of couples who are not PR or citizens? Sibling visas? You have to wonder why so many countries around the world either stopped offering or never offered such things. Reform is necessary, has been for a very long time, but given how political bias always bleeds into the discussion, I find it unlikely we will see change anytime soon.

Edited February 21, 2020 by Nat&Amy

[Juliet57 304]

53 minutes ago, NikLR said:

Dont let other people's choices make you angry.  You made the right choice for you. That needs to be enough. 

I agree, you never know when their decisions are going to come back to bite them... as long as I'm following the rules and I'm at peace with myself and with the process I'm following... 

 

27 minutes ago, Nat&Amy said:

Having worked closely with other Embassies around the world (Australia, New Zealand, Portugal, etc), I have always been shocked at how lenient the US immi is when it comes to immigration in general. Overstay forgiven for spouses? AoS from a visitor visa? Citizenship given to children of couples who are not PR or citizens? Sibling visas? You have to wonder why so many countries around the world either stopped offering or never offered such things. Reform is necessary, has been for a very long time, but given how political bias always bleeds into the discussion, I find it unlikely we will see change anytime soon.

This is an enlightening post! Interesting to understand differences between immigration systems and how the US is actually more lenient than we thought it was

[African Zealot 1,455]

People are taking advantage of the law as written, which they are entitled to. It’s up to USCIS and DHS to determine legality or otherwise. There are many ways to skin a cat, everyone is entitled to their path so far as the authorities deem it legal.

 

More power to all, regardless of which legal path they choose!

Edited February 21, 2020 by Ray.Bonaquist

[Cryssiekins 976]

8 hours ago, zochu said:

I don’t know where to submit this so move if in wrong forum or delete if not allowed but am frustrated! 
 

This whole visa waiting game is hard but it has to happen ... 

 

But what makes us (husband and I) frustrated is people who want to enter the US on a tourist visa and just stay because it’s quick and easy. 
it’s the people who don’t do it the “proper” way - the way we are doing it.... via consular processing etc if that’s even the proper way - who knows 🤷‍♀️ 

 

Ive told the same person on FB 1 million times that “wife cannot enter USA on tourist visa with intent to immigrate” ... but they just want a quick, easy way for a “green card” - like don’t we all? Don’t we all want to be with our spouse? 
 

if all due respect to others I really find it hard to also believe that someone went on JUST a holiday and then “circumstances changed” and they just stayed 🧐 no furniture to sell? No rental to cease? No car to sell? I don’t know, resign? Do the right thing and give your 2 weeks notice? Get all your belongings? End your life in your home country before you make a new life? 

 

this is really frustrating to see. It’s a really lonely process that is just full of the “unknown”. 
 

it is the path we picked - consular processing because (a) don’t wanna commit visa fraud 😆 especially if I want to be an attorney and (b) because it’s the right way? Correct me if I’m wrong. 
 

single parenthood while we wait is hard. Lonely and hard and yes a consequence of our actions still lonely nonetheless. 
 

 

😞

 

 

 

 

I am always incredibly skeptical of the spontaneous decision to just stay in the US and adjust from a non-immigrant entry.  
 

I was living in Canada, on the border with NY, and even though I could have arranged for all ends to be tied up through family, it wouldn’t be simple.  I’ll admit, the though did cross my mind, but after research and consideration the risks outweighed any potential benefit.  Also the fact that it would be fraudulent because I had the thought definitely deterred me and we followed the correct route and waited for our turn. 
 

Do I believe it does happen legitimately, yes, but do I believe it happens legitimately with the frequency we see here?  Absolutely not.  People are inherently selfish and put their immediate needs over those of others.  It’s also a contributing factor to why some countries have far more scrutiny than others.

 

Just know that the limbo will end and you’ll be reunited.

 

I would love to see the ability to adjust while in the US become not available, or at least a more narrow scope of allowable circumstances, and it should involve higher costs, and additional steps to not make it such an appealing “loophole”.

[vanessanguyen083 13]

55 minutes ago, carmel34 said:

I agree with your post OP.  Unfortunately, with the gridlock in our federal government these days, things will not change, the system is what it is and people will game it, exploit it.  There are whole communities inside and outside the US who help each other get to the US any way they can.  After my husband arrived last year on a CR-1, he joined a Facebook group of Brazilians in the SF Bay Area.  There are attorneys advertising their services, to help people who entered on a tourist visa become legal through bogus asylum claims or get married and adjust status, and many who charge a fee for illegals to use their Uber or Lyft accounts so that they can work.  They share information on which hospitals to go to where they can get free healthcare services.  It has been very interesting and eye-opening to learn more about this community, and I'm sure similar ones exist all over the country. The sad part of all this is that many come to the US on tourist visas planning to stay, hoping for a better life, and then they find out how expensive it is here and how hard it is to earn money in the underground economy.  For many of them the American dream is more like a nightmare.  

Oh wow that is truly disgusting. Those attorneys need to be disbarred for providing bogus services. After all, what is the point of all of this, if all you can do is hiding in the shadow and doing dishonest work. The grass is never greener on the other side. 

[martinzl 91]

I agree that people should not be allowed to AOS from a visitor visa, except under unusual circumstances, as they appear to be jumping the line.  However, the line has become extremely long and this in and of itself may be unfair.  I think they should allow for more visitor visas to be issued to persons who have pending immigrant visas provided that they follow the law, such as not overstaying, no illegal work, etc...Of course, people not following those rules are the problem.

[Zach2015 211]

This is the way I feel about people who expedite. The rules are clear when you come over on a k1visa. No working and no traveling, but people request expedites, even though they knew the rules. They get to cut the line. Crazy! 

[SunflowerSweet 1,321]

Like others mentioned before, by doing this it takes them OUT of the queue for CR1's, which are processed entirely differently than AOS. A stranger's decision to adjust from a tourist visa is not going to impact your wait time in any meaningful way. So anyone trying to make that argument can stop. They aren't "jumping the line" they are getting in a COMPLETELY DIFFERENT ONE. And even possibly getting OUT of your line. 

 

There are plenty of legitimate reasons to change plans and adjust status. You can speculate and pretend that you know that everyone who has done this are just liars and cheats, but you'd be wrong. And frankly, judgmental and UNKIND. A death in the family, a career change, even something just as simple as a deepening relationship. 

 

Anyone who has actually been in the business of family immigration knows it happens and can give you specific examples. Something that I've come across is girlfriends who come on longer visit trips will find themselves pregnant (unplanned, BEFORE anyone tries to push a new spin on the whole "anchor baby" angle). At that point, why would they not make the decision to stay and adjust? With current spousal visa times it's essentially guaranteed they wouldn't be back in the US as a green card holder in time for the birth. Expecting people in cases like that to say no to a perfectly legal way to stay together and start their family for NO other reason than you are bitter that YOU didn't have the same option as them... gross. Like I could never reconcile that with my conscience.

 

I don't have a certain moral philosophy camp that I'm 100% in, but I've always been partial to utilitarianism/consequentialism. There are a lot of variations to this, but essentially it means I believe that something is moral if it's net good outweighs it's net bad. There are times where this can get a little murky which is why I say I don't commit 100%, but I don't believe this is one of those times.

 

The good that comes from being able to adjust and keep a growing family together vs splitting them up is a high bar to cross. I surely hope you don't actually believe that your frustration and bitterness about your own completely unaffected process somehow outweighs it.

 

The only argument that makes a considerable amount of sense it that it makes tourist visas harder to get for those with partners in the US. That's probably true. It's impossible to figure how much harder it makes it, and we have a nice thread as proof that people are still able to visit, ALL THE TIME, so that comes no where near convincing me against AOS. 

 

I just personally find this entire gripe extremely petty. I'll live and die by the perspective that someone else's fortune does not mean my misfortune unless I let it by being bitter. That's especially true in this case for me. And even if it did bother me, it's not my job to be judge, jury, an executioner to someone who's situation I can never fully understand because it's not mine. 

 

I sort of hope this thread can be pinned, so people can air their frustrations here, INSTEAD of in other threads and at specific members who are asking about their perfectly legal rights to adjust. Even if I find it childish, I'd rather it happen in a way that does't scare someone off from their rights. 

 

 

Edited February 21, 2020 by MorganandMichael

[TenderHearted 39]

1 hour ago, NikLR said:

Dont let other people's choices make you angry.  You made the right choice for you. That needs to be enough. 

Well said. If you do the right thing the right way, you will never regret that decision. Even if it's a longer harder road, you obeyed the law in immigrating, and eventually that will make things easier down the road. That's worth the time apart to do things the right way, although it's hard at the time while you're waiting. You don't have to worry about legal ramifications because of immigration fraud later, and at least you have peace of mind for that reason alone.

 

The K-1 / CR-1 route is a hard one, because of the wait, but you have to look at the benefits: At least, for the CR-1, the immigration spouse immediately gets travel authorization, work authorization, and can legally get a driver's license after arriving. I would think that AOS would be easier too. By "cutting the line", that AOS might be very difficult, at least the way I understand it (correct me if I'm wrong). Legally entering the US at least minimizes legal uncertainties.