This is frustrating!

[Orangesapples 1,954]

4 hours ago, Unlockable said:

I think the frustration comes more from it giving an advantage to a few and not the many. 

 

 

Then why wouldn't the solution be to make it easier for more people instead of make it's harder for all? I like the Canadian system where you can enter on a tourist visa with an intent to AOS based on marriage. Just because something is then law/rule doesn't make it right. Laws often don't make sense. 

[SunflowerSweet 1,321]

I encourage everyone to look up the definition of jealousy, it sounds like exactly what you are describing. Being upset someone else has an opportunity you don’t.

 

There are so many worse injustices in this immigration system. I wish you were more passionate about those.

[Duke & Marie 1,389]

20 minutes ago, MorganandMichael said:

I encourage everyone to look up the definition of jealousy, it sounds like exactly what you are describing. Being upset someone else has an opportunity you don’t.

 

There are so many worse injustices in this immigration system. I wish you were more passionate about those.

Jealousy and frustration are two seperate things, the OP is not jealous that she didn’t choose the AOS route.. she’s frustrated by people openly posting on FB that they intend to move to the US on a B2 visa and use the AOS process as a means of migrating rather than use due process!

 

I believe her frustration is justified given the context of her post and has nothing of what so ever to do with jealousy 

Edited February 21, 2020 by Duke & Marie

[SunflowerSweet 1,321]

10 minutes ago, Duke & Marie said:

Jealousy and frustration are two seperate things, the OP is not jealous that she didn’t choose the AOS route.. she’s frustrated by people openly posting on FB that they intend to move to the US on a B2 visa and use the AOS process as a means of migrating rather than use due process!

 

I believe her frustration is justified given the context of her post and has nothing of what so ever to do with jealousy 

MULTIPLE people in this thread have said the problem with AOS from non-immigrant visas is that is an avenue for some and not other, and that makes it unfair. That it’s advantage.

 

“feeling or showing envy of someone or their achievements and advantages”

[elmcitymaven 9,712]

Due process has nothing to do with adjusting status from a visitor visa/VWP.

 

You'll be staggered at how little the sting of frustration hurts in years to come. If you go back through my posting history 13 years when we were doing this process, I was in agony at its length. I was so frustrated, all the time. And then, it was over. All I can do is roll my eyes at my younger self. It hurts now and seems unfair, but your sense of injustice at the vagaries of the immigration system is better directed elsewhere than how others are allegedly taking advantage in ways you have elected to avoid.

[Nat&Amy 623]

20 minutes ago, laylalex said:

Genuine question: what is the benefit in changing this? How does the nation gain in withholding citizenship from people born here? I take it personally because if the Fourteenth weren't law, my dad would not have been born a citizen

I am confident most American families would say the same, because the US is a nation that was born out of the effort of immigrants, after all (including those who were brought here by force and whose kids would have been in a limbo without that Constitutional right).

 

The problem begins when laws that were created to genuinely protect people start being abused. Then what? You just turn a blind eye and keep things as they are? Immigration laws need to keep up with their time, and sometimes adjustments are required to ensure that distortions are minimized. 

33 minutes ago, laylalex said:

Restricting citizenship to an infant on birth is not the same sort of commonsense restriction for public safety as preventing mentally unstable people from having access to guns.

I apologize for my lack of clarity. My examples were not brought up to illustrate public safety, but to exemplify that what is in the Constitution might need to be amended when it no longer answers to the country's best interest. The current US immigration system is clearly overwhelmed and outdated. Either we encourage legal immigration by inhibiting abuse and making it a more efficient process, or we keep things as they are and see more and more people take advantage of the system just because, well... they can.

[SunflowerSweet 1,321]

Anyone find it hilarious that the OP herself mentions that her husband 

 

“MOVED TO AUSTRALIA ON A YEAR-LONG TOURIST VISA”

 

You YOURSELF benefited from lax tourist visa rules in another county. How is okay okay for you then but you’re going to act like if anyone else benefits, it’s wrong. From the sounds of it, you didn’t even spend that much time apart during your consular processing? He JUST moved back  to establish domicile.

Edited February 21, 2020 by MorganandMichael

[Duke & Marie 1,389]

2 minutes ago, MorganandMichael said:

MULTIPLE people in this thread have said the problem with AOS from non-immigrant visas is that is an avenue for some and not other, and that makes it unfair. That it’s advantage.

 

“feeling or showing envy of someone or their achievements and advantages”

If the B2 visa was meant for migration, the us would do away with all migration visas and just use the B2 and AOS process.. 

 

but as we all know B2s purpose isn’t for migration, which is what the op is referring too. It’s not envy, she’s pissed people use it for that purpose 

[Duke & Marie 1,389]

Just now, MorganandMichael said:

Anyone find it hilarious that the OP herself mentions that her husband 

 

“MOVED TO AUSTRALIA ON A YEAR-LONG TOURIST VISA”

 

You YOURSELF benefited from lax tourist visa rules in another county. How is okay okay for you then but you’re going to act like if anyone else benefits, it’s wrong. 

We don’t have Year long tourist visas, tourist visas are 6 months max.

 

We have work/holiday visas that last 1-2years, which is what he was here under.. so not lax tourist visa

[SunflowerSweet 1,321]

Let’s just get ride of all expediting, and the VWP, and any other avenue that could be abused and may give cheaters any sort of advantage that all the perfect law- abiding rest of us might not.

[SunflowerSweet 1,321]

4 minutes ago, Duke & Marie said:

We don’t have Year long tourist visas, tourist visas are 6 months max.

 

We have work/holiday visas that last 1-2years, which is what he was here under.. so not lax tourist visa

You can check OP’s profile if you don’t believe me. She says he moved there on a year long tourist visa. Direct quote. So I don’t know what to tell you. 
 

Either way, is it a non-immigrant visa? That he used to move?

 

How is a “holiday” visa different than a “tourist” visa?? 

I understand Australian doesn’t directly overlap with British, but a holiday is a visit last time I checked.

Edited February 21, 2020 by MorganandMichael

[Nat&Amy 623]

1 minute ago, MorganandMichael said:

 

“MOVED TO AUSTRALIA ON A YEAR-LONG TOURIST VISA”

Uh-oh... That's a lot of tourism. Hopefully OP's husband didn't do any kind of work... An Australian year-long visitor visa is a very, very rare thing to get. Normally given to foreign parents of Australian citizens or so, provided convincing evidence of need for such a long stay is shown. 

[SunflowerSweet 1,321]

Just now, Nat&Amy said:

Uh-oh... That's a lot of tourism. Hopefully OP's husband didn't do any kind of work... An Australian year-long visitor visa is a very, very rare thing to get. Normally given to foreign parents of Australian citizens or so, provided convincing evidence of need for such a long stay is shown. 

No way, I’m sure they wouldn’t have done anything wrong. They are the good, upstanding kind of people who do everything by the book. It’s everyone else who is the problem 🙄

[Duke & Marie 1,389]

4 minutes ago, MorganandMichael said:

You can check OP’s profile if you don’t believe me. She says he moved there on a year long tourist visa. Direct quote. So I don’t know what to tell you. 
 

Either way, is it a non-immigrant visa? That he used to move?

 

How is a “holiday” visa different than a “tourist” visa?? 

I understand Australian doesn’t directly overlap with British, but a holiday is a visit last time I checked.

I’ve actually spoken with the op several times before. Her husband was here on a work holiday visa, 

 

difference being, tourist visa is nil work vacation only for up to 6 months.. A work/holiday visa is dual purpose and permits employment for the duration of you vacation for a period of 1-2 years

[Nat&Amy 623]

Just now, MorganandMichael said:

No way, I’m sure they wouldn’t have done anything wrong. They are the good, upstanding kind of people who do everything by the book. It’s everyone else who is the problem 🙄

I said "hopefully", lol. Plus, if they were in Australia with a work holiday visa they were allowed to work, and to stay for a full year. That's what those visas are for: you work (normally in farms or other seasonal activities) and with the money you make, you can travel around the country all you want. That's why they're called work/holiday.

 

An entirely different beast is a visitor (tourist) visa. That one generally allows stays of 90 days tops (6 and 12 months in specific situations) with no work whatsoever.