I-130 petition

[Ahtafoli 0]

On 2/14/2022 at 8:46 AM, Unlockable said:

Adjustment of status was intended for people who did not preplan to use non-immigrant visas to immigrate but needed to stay due to sometimes uncontrollable circumstances. 

 

A B2 visa is a non-immigrant visa. It literally in the name... non immigrant. Meaning it is not meant to immigrate.

 

So why does the AOS happen? It is because there are many situations where foreigners come and end up having to stay because their circumstances have changed.

 

For example, say a foriegn female comes to visit the US for the summer. She is here for 3 months. Right before she leaves, she finds out she is pregnant. She is happy but now she has to return to her home country. So her and her US citizen boyfriend decide to get married and adjust her status so she can stay in the US and start their family. Those types of situation is what AOS was made for.

 

The second scenario is a couple is trying to immigrate. They realize that the wait times is very long to get the visa to immigrate. They don't want to wait and do it the right way  So they decide to use a B visa by pretending to only be visiting. Then once they are in the US they will AOS which bypasses the normal process wait times. That is fraud!

 

And in case the second scenario isn't enough to convince you it is wrong, when a foriegner enters the US they are presenting themself as a visitor under the US law and the requirements of that visa. Meaning if they have have any other reason for entering the US other than the reason for the visa, they would be lying or misrepresenting. When a foreigner is using a B2 visa they do so as only a visitor, not as an immigrant.

 

The AoS was never intended as faster option for foreigners to immigrate. It just started getting abused by some foreigners who have non-immigrant visas to bypass immigration processes. 

So ok. I get the process! But then all I can say is that the process is completely not fair and does not make any sense. Why should someone be denied from visiting their wife and child? So my husband is right now waiting for our i-130 to get approved. Why is he being denied to come to visit his family but is more than welcome to come visit the statue of liberty? Why is it ilegal to admit that yes, if my i-130 gets approved then I would like to file for adjustment of status while im still there..if not.fine..i will go back! I don’t know..I was just so confused by that. 

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1 hour ago, Ahtafoli said:

So ok. I get the process! But then all I can say is that the process is completely not fair and does not make any sense. Why should someone be denied from visiting their wife and child? So my husband is right now waiting for our i-130 to get approved. Why is he being denied to come to visit his family but is more than welcome to come visit the statue of liberty? Why is it ilegal to admit that yes, if my i-130 gets approved then I would like to file for adjustment of status while im still there..if not.fine..i will go back! I don’t know..I was just so confused by that. 

Many people visit when waiting for their kids migrant visa to process, nothing illegal in that

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3 hours ago, Ahtafoli said:

So ok. I get the process! But then all I can say is that the process is completely not fair and does not make any sense. Why should someone be denied from visiting their wife and child? So my husband is right now waiting for our i-130 to get approved. Why is he being denied to come to visit his family but is more than welcome to come visit the statue of liberty? Why is it ilegal to admit that yes, if my i-130 gets approved then I would like to file for adjustment of status while im still there..if not.fine..i will go back! I don’t know..I was just so confused by that. 

It is unfair.

But. you've already stated your husband is considering staying in the US if the I-130 is approved. So, he doesn't just want to visit his wife and child. 

It doesn't matter if he has no I-130 on file, a pending I-130 or an approved I-130: arriving to the US and stating you plan to leave the US after your stay but then staying is misrepresenting your purpose of stay. 

And arriving on a non-immigrant visa (unless it's the K1) and deciding you might stay if X,Y or Z happens is jumping the line to the US. 

 

This is what happens when CBP finds out you intend to adjust status after arriving on a ESTA. (Same thing would probably happen with B1/B2)

 

 

[Ahtafoli 0]

On 4/1/2022 at 7:40 PM, Kor2USA said:

It is unfair.

But. you've already stated your husband is considering staying in the US if the I-130 is approved. So, he doesn't just want to visit his wife and child. 

It doesn't matter if he has no I-130 on file, a pending I-130 or an approved I-130: arriving to the US and stating you plan to leave the US after your stay but then staying is misrepresenting your purpose of stay. 

And arriving on a non-immigrant visa (unless it's the K1) and deciding you might stay if X,Y or Z happens is jumping the line to the US. 

 

This is what happens when CBP finds out you intend to adjust status after arriving on a ESTA. (Same thing would probably happen with B1/B2)

 

 

I still don’t see how that’s juming the line. They created k3 for that purpose to unite families sooner while they await the petition process. My thought is…I am openly admitting that my husband is coming to visit..I mean why does he have to lie about the fact that he wants to come to see his child and wife and will return as requested according to his visa….I mean look..i can rephrase this situation..a family is separated and legally files for i-130 ..in the meantime..husband wants to come to visit for 6 months..because i believe that’s the length of stay a tourist is allowed to stay..period. Why is he denied that right? I could give you more details to say oh btw..if his petition gets approved can he file for status adjustment? Isn’t that an obvious though…what would someone who is visiting do if his i-130 gets approved while visiting??  But even if he can’t..no problem at all..he will gladly go back to file for the next step after being with us for 6 months..I know..they will say well we created a k3 for cases like ours…well nobody is getting approved for k3..so yes..i still think this all unfair.