lawyer advises withdrawing i-129f, getting married, and overstaying visitor visa in US

[Family 3,988]

7 hours ago, Thunderbolt said:

 

I wish gov would change AOS from B to take minimum 4 to 5 years. People wouldn't do this anymore and would do the proper way. 

It wouldn't clog the pipes where people applied and followed the rules. 

 

I do empathize with the sentiment for those without the “ privilege “ of ESTA , VWP and B2..that have no choice but to wait in line. 
 

Doubt that they would take drastic measures for IR s since the overstay rate is pretty small . 

 

It will of course help to figure out a way to secure the border…maybe we get Canada to show us or give a bit of help..they are always praised

 

https://www.dhs.gov/sites/default/files/2021-12/CBP - FY 2020 Entry Exit Overstay Report_0.pdf

Visa Waiver Program (VWP) Country Overstay Rate
This report separates VWP country overstay figures from non-VWP country figures. For VWP countries, the FY 2020 Suspected In-Country Overstay rate is 0.56 percent of the 16,232,821 expected departures.
Non-Visa Waiver Program Participant Countries Overstay Rate
For non-VWP countries, the FY 2020 Suspected In-Country Overstay rate is 2.22 percent of the 13,807,503 expected departures.

Edited December 18, 2022 by Family

[Mike E 11,739]

2 hours ago, Family said:

to have their overseas Fiancé ( with pending I-129 F and an available ESTA or B-2) to go ahead come in for a “ visit” and then adjust because “ those morons are taking too long”…never ceases to baffle me. 

Thank you.  I never understand the Jim Hacking worship on this website.  

[rich rich 10]

4 hours ago, Family said:

There are plenty of episodes , Hacking tells callers to have their overseas Fiancé ( with pending I-129 F and an available ESTA or B-2) to go ahead come in for a “ visit” and then adjust because “ those morons are taking too long”…never ceases to baffle me. 

 

 

Since your Fiancé made past go ( so to speak) and cleared CBP.,every attorney you consult will tell you : go ahead and file the adjustment…

 

In your case, your Fiancé seemed happy to spend time on her planned US visit, go back and attend her own commitments ( brother’s wedding) and follow the course of the pending I-129 F…and her B-2 remains available to her until that is complete. …or did I misunderstand her cues?

 

 

 

I would love to see how those turn out. He's not actually taking the risk himself. They would still have to prove to the interviewing officer that all this isn't premeditated. How hard that is I don't know. I would love to know how those cases turn out. Are there similar cases like that on this forum with the final result?

 

He also throws out one liners like interviews in Florida are tough, Dallas is fair, San Fran is busy, etc. Wonder how accurate he is. Immigration is under Federal control, do different Federal offices really differ that much?

[Crazy Cat 41,806]

5 hours ago, Family said:

There are plenty of episodes , Hacking tells callers to have their overseas Fiancé ( with pending I-129 F and an available ESTA or B-2) to go ahead come in for a “ visit” and then adjust because “ those morons are taking too long”…never ceases to baffle me. 

Yep.  I have made a few comments on his YT site for some of those episodes.  LOL. 

[Crazy Cat 41,806]

3 hours ago, Mike E said:

Thank you.  I never understand the Jim Hacking worship on this website.  

Hacking, absolutely, gives inaccurate info at times. 

[rich rich 10]

2 hours ago, Crazy Cat said:

Yep.  I have made a few comments on his YT site for some of those episodes.  LOL. 

let me guess, no response from Hacking?

[Boiler 45,442]

5 minutes ago, rich rich said:

let me guess, no response from Hacking?

If you want a response from Hacking you go on his show.

 

We have had members who have appeared and then posted on here.

[rich rich 10]

saw this video on another post advising against trying to AOS from visitor visa or ESTA, but it it 2 years old, and references the DtrumPF administration coming down on legal immigration.

 

she seems a bit more cautious.  Hacking just seems a bit cavalier in his advice on the show

 

https://www.visajourney.com/forums/topic/786717-esta-to-aos-potential-problem/?do=findComment&comment=10706480

Edited December 18, 2022 by rich rich

[Boiler 45,442]

2 hours ago, rich rich said:

saw this video on another post advising against trying to AOS from visitor visa or ESTA, but it it 2 years old, and references the DtrumPF administration coming down on legal immigration.

 

she seems a bit more cautious.  Hacking just seems a bit cavalier in his advice on the show

 

https://www.visajourney.com/forums/topic/786717-esta-to-aos-potential-problem/?do=findComment&comment=10706480

As often there is a sweet spot, was adjusting iffy many years ago, yes, then there were a couple of court cases, Matters of and I forget their names, and since them you will be very hard pushed to find anyone who has had an issue.

 

Obviously people have issues more generally but that will always be the case.

 

From what I could tell she is talking about people who have been refused entry on non immigrant visas who had the intent to stay.

Edited December 18, 2022 by Boiler

[Family 3,988]

4 hours ago, rich rich said:

she seems a bit more cautious.  Hacking just seems a bit cavalier in his advice on the show

As you have experienced with advice from other attorneys, usually behind closed doors ( in confidence) , because your beloved is here , she is allowed to take advantage of “ Changed Circumstances “ and adjust without any issues.

Your best peace of mind resource on VJ is to read posts of members both current and past ..

 

Believe you me, the active long time Fellows like @Crazy Cat and @Boiler to name a few , would sound alarm bells ..so don’t fret on presumption of immigrant intent..she is safe.

[Boiler 45,442]

Outside of VJ is there a requirement for changed circumstances?

[Family 3,988]

17 hours ago, Mike E said:

19 hours ago, Family said:

to have their overseas Fiancé ( with pending I-129 F and an available ESTA or B-2) to go ahead come in for a “ visit” and then adjust because “ those morons are taking too long”…never ceases to baffle me. 

Thank you.  I never understand the Jim Hacking worship on this website.  

I watch cause I like the callers appearing “ live” …and as @Crazy Cat pointed out , I react as if I’m watching jeopardy, at times talking to the silly screen saying Noooo

Also appreciate the mandamus niche.

Edited December 19, 2022 by Family

[rich rich 10]

Yet another instance where Hacking recommended changing from consular processing to AOS

 

 

 

 

[Boiler 45,442]

What is wrong with this? Other than the 60 days.

[rich rich 10]

7 minutes ago, Boiler said:

What is wrong with this? Other than the 60 days.

Absolutely nothing. Just an FYI. Why is 60 days wrong?