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[Dashinka 25,163]

Hmm, so is USCIS scrutinizing AOS's from NIVs more (not K1's)?  Possibly.  Hacking seems to think so.

 

 

[Crazy Cat 42,914]

Interesting. So, intent is NOT always determined at the border?  This could have a big impact on those who come to the US for a visit, then decide to stay.

Edited March 19 by Crazy Cat

[Boiler 46,530]

All they could do in the sort of cases we see usually is require a waiver.

 

I remember one here a year or so back where the Parents were doing Consular processing, they had come to visit but got jobs soon after, eventually gone home, 10 years had passed but were hit with misrep and had no qualifying relative.

 

Another common one is people who get Student visas and nver go to college at all, usually well I did not have the money is mentioned, seems a common one on Jim's show, it is like well what happened you showed the Consulate you did and then it gets very murky.

 

Has there been an increase in cases, and increase in questions an increase in denials, do not know, he is talking about a few egregious cases referred to him.

[Dashinka 25,163]

38 minutes ago, Boiler said:

All they could do in the sort of cases we see usually is require a waiver.

 

I remember one here a year or so back where the Parents were doing Consular processing, they had come to visit but got jobs soon after, eventually gone home, 10 years had passed but were hit with misrep and had no qualifying relative.

 

Another common one is people who get Student visas and nver go to college at all, usually well I did not have the money is mentioned, seems a common one on Jim's show, it is like well what happened you showed the Consulate you did and then it gets very murky.

 

Has there been an increase in cases, and increase in questions an increase in denials, do not know, he is talking about a few egregious cases referred to him.

Or is it just an increase of scrutiny, and MSM attention due to obvious reasons.

[SalishSea 18,352]

It’s about time.   Gets tiresome seeing people on VJ looking for info on how to circumvent the queues by doing this….

[JeanneAdil 6,765]

According to what is considered NIV K1 is also that so are they included in all this vetting?

 

NIVs are also issued to government officials, treaty traders and treaty investors, exchange visitors, temporary workers, and fiancées of U.S. citizens.

 

https://2021-2025.state.gov/wp-content/uploads/2024/06/NIV-CA-PIA-Public-Facing-Site.pdf\

 

and on the site for stats of issued visas ,  the are under NIV  monthly non immigrant visa 

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics.html

[Daphne . 1,998]

Good stuff! 👍🏻

 

I think AOS from non-immigrant visas should be vetted a lot more. Show evidence that you had a real reason (change in circumstances) that made you have to change your plans. Now there doesn’t seem to be any requirement to send in that type of evidence and I think that needs to change. 

[Dashinka 25,163]

3 hours ago, JeanneAdil said:

According to what is considered NIV K1 is also that so are they included in all this vetting?

 

NIVs are also issued to government officials, treaty traders and treaty investors, exchange visitors, temporary workers, and fiancées of U.S. citizens.

 

https://2021-2025.state.gov/wp-content/uploads/2024/06/NIV-CA-PIA-Public-Facing-Site.pdf\

 

and on the site for stats of issued visas ,  the are under NIV  monthly non immigrant visa 

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics.html

Hard to say.  Don't consulates process K1's in the IV unit?  They did back when my now wife went through that process.

[mam521 2,344]

Maybe this is exactly inline with @Dashinka's comment on a thread yesterday when discussing VWP entrances and that there should be more scrutiny.  More questions need to be asked.  A couple of rotten apples have spoiled the batch and ruin it for everyone.  

[Daphne . 1,998]

5 minutes ago, mam521 said:

Maybe this is exactly inline with @Dashinka's comment on a thread yesterday when discussing VWP entrances and that there should be more scrutiny.  More questions need to be asked.  A couple of rotten apples have spoiled the batch and ruin it for everyone.  

On social media platforms like Reddit for example, most people don’t even know what consular processing is. So many adjustment of status cases from B1/2’s… And comments like “make sure to wait 90 days before marrying or filing”. People actually think that this is the way to do it “because it’s legal to adjust status from a tourist visa”, but at the same time they’re smart enough to of course not mention anything when they present themselves at CBP. 

[mam521 2,344]

11 minutes ago, Daphne . said:

On social media platforms like Reddit for example, most people don’t even know what consular processing is. So many adjustment of status cases from B1/2’s… And comments like “make sure to wait 90 days before marrying or filing”. People actually think that this is the way to do it “because it’s legal to adjust status from a tourist visa”, but at the same time they’re smart enough to of course not mention anything when they present themselves at CBP. 

The even more frightening part is how many supposed immigration LAWYERS give bad advise, typically along the same lines! 

 

This 90 day rule is not a USCIS thing.  If they can't differentiate between USCIS and DoS, there's a much bigger problem.  

[MMRF 25]

Quote

“make sure to wait 90 days before marrying or filing”

The even more frightening part is how many supposed immigration LAWYERS give bad advise, typically along the same lines! 

I've seen Hacking himself suggest this on several occasions. 

Edited March 19 by MMRF

[TBoneTX 46,602]

1 hour ago, Dashinka said:

consulates process K1's in the IV unit

^^ This.  In my day, lawyers told me that the K-1 is a hybrid visa, a "strange animal," a "nonimmigrant visa with immigrant intent."  This is why they're processed in the consulates' IV units, as Dashinka says.

[KMG 175]

I know of a few people that have entered and immediately did AOS.  More people come in with the intent than we know.  I see people complain about lawfully all the time.... "Why is my case taking so long?" People ask, "Why is every other person's case being processed faster than mine?"  I know as soon as I read these comments, what is going on USCIS suspects fraud and they are digging deep.  This is why some people wait 3, 4 years or even longer for their paperwork.

[KMG 175]

7 hours ago, SalishSea said:

It’s about time.   Gets tiresome seeing people on VJ looking for info on how to circumvent the queues by doing this….

And the queues would not be as long if people would stop this nonsense.  The same people processing AOS and other forms related are the same people who process the I130's. Don't even get me started on this K3 nonsense, which also clogs the system...

Edited Wednesday at 10:56 PM by KMG