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Caladan
Does it smack of entitlement when you use the VWP? You only get that based on your country of origin just by having a passport. If not, why not?

The process wasn't too bad, but it was pretty wasteful considering they learned nothing at the interview that wasn't on the forms. And it's not like it's illegal to adjust status having come in off of another visa, or that coming in off of another visa type means you're exempt from the AOS paperwork. And since that's the case, it doesn't seem all that strange to have a policy of eliminating the K-1 for VWP countries.
rebeccajo
QUOTE(Caladan @ Oct 21 2007, 04:01 PM) *
Does it smack of entitlement when you use the VWP? You only get that based on your country of origin just by having a passport. If not, why not?

The process wasn't too bad, but it was pretty wasteful considering they learned nothing at the interview that wasn't on the forms. And it's not like it's illegal to adjust status having come in off of another visa, or that coming in off of another visa type means you're exempt from the AOS paperwork. And since that's the case, it doesn't seem all that strange to have a policy of eliminating the K-1 for VWP countries.


The VWP is for visiting. Why does that point continue to be ignored?

I honestly don't get how you can advocate elimination of what is essentially an immigrant visa for citizens of certain nations. Yes, that is entitlement. If one chooses to cross over and adjust, that is their choice. That is NOT the same thing as saying "If I choose to apply for a K1 visa, because I am from Canada I should not have to follow the same steps as someone from Timbuktu."
Caladan
Let me walk you through my logic on this and maybe we can stop with the condescending entitlement argument, mkay?

Because the purpose of the K-1 is first, to provide a path into the country, and second, to provide a path, if the conditions, viz. marriage to the petitioner are fulfilled, for adjustment of status. And it is NOT essentially an immigrant visa. It's essentially a non-immigrant one. If you don't marry within the 90 days, you either have to leave, just like a tourist visa, or on the assumption you've married late, file an I-130 because you are out-of-status on a non-immigrant visa. It's the marriage that does all the work in getting permanent residency. The K-1 just gets you here (useful if you're from a country where you can't get a tourist visa) and gives you 90 days to play with. It's like a tourist visa for a purpose, and doing it means you eliminate one form and maybe get the medical taken care of.

So, given those two conditions, what does making a person from a VWP country (or here on a student visa, etc.) file a K-1 accomplish? Reduction in fraud? On the contrary, the countries are on the VWP list because they are already low fraud, and if someone wanted to come here and stay, they'd just hop on an airplane and stay. No need to swindle an American into a green card. At least not ahead of time. wink.gif
Protection against disease? We assume the people are fine to visit for a 90-day VWP stay; if they file for AOS they need a medical at which point diseases would be caught. Net protection against disease by making a VWP person go through the K-1 = 0. Protection against terrorists? Again, VWP. If we're not worried about terrorism enough to kill the VWP, it surely doesn't do anything to add a fiance interview of three minutes into the process.

So we can conclude it has nothing to do with keeping undesirables out of the country, when the applicant is from a VWP country. If they just wanted to get in, they'd already be here. And if we are that worried, we should make everyone apply for a tourist visa.

So all that's left is providing a path for adjustment of status. That's useful, like a headache is useful, but it's really easy to replace with an I-130, as people manage it all the time if they're here for other reasons (work, school, spontaneous weddings) and get married. Construing this as wanting privileges based on country of origin is really rather insulting. It has nothing to do with race or language or whether I like Canadians and everything to do with the fact that the country has already decided that this country is a low fraud risk and lets them in for all sorts of purposes, even to get married.

There is an awful lot of redundancy in this process. And if you eliminate redundancy, everyone's processing times go up. How much faster would the immigrant visas in Montreal go if they didn't also have to process K-1s? How much faster would it be at the service centers if they didn't have to approve VWP K-1s.
rebeccajo
Insulting? Read the original post! Wasn't that about being from a certain country and expecting certain privileges? I don't think I misconstrued anything. Unless my ability to read has failed me.

No matter how you cut it, saying that if someone is from a certain country and wants to LIVE here, i.e. immigrate here - that they should have a shorter process than someone unlucky enough to have been born elsewhere - well that seems patently unfair to me.

I'll grant you there are redundancies aplenty with the system. But 'passing over' certain people because of their birth country ain't gonna happen and should not happen in modern America. Not as long as national security is the supposed focus. While it's true there aren't many Brits or Canadians looking to fraud an American to get in here to better their life, it's also true that the London Tube bombers were British Nationals who could easily have used the VWP. I would prefer to think that if their declared intent were to live in my country that somebody took a few moments to go over their background.
Caladan
It's not passing over people based on their birth country, just their ability to qualify for a tourist visa. We don't think it's discrimination there.

And they wouldn't be eligible for a green card any easier than anyone else.

And like I said, if you're worried about national security, then the VWP needs to go. There were, what, 14,000 fiancee visas last year and 64 million visitors? I can't imagine a terrorist eligible for the VWP who would decide that his best route into the country was marriage fraud. Or that a three-minute interview would have stopped him.

I'm not really complaining about our process, because it's been pretty easy. But I look at people going through Montreal and I can totally see why half the lawyers out there just say 'come on over, we'll take care of it later.'
rebeccajo
Well.........would you be surprised if the VWP were eliminated? I mean, we didn't used to need a passport to visit Canada or Mexico. Now we do - flying or driving.

Look how many come over and marry, and then don't adjust for ages? K-1'ers do the same sometimes, but I'd venture a healthy guess not nearly so many percentage wise.

I'm all for changing the system. But granting privilege to people who want to live here - not visit - is not the way to go.

My whole problem with the system has always been the intent of a person coming to this country. And I don't mean intent to marry. I mean intent to do harm. You know my philosophy has long been 'let them come'. It's starry eyed, I know and will never happen. But I firmly believe that if you want to come to this country, you should be allowed - providing you pass a background check.

Until there is some sort of level playing field like that FOR ALL - then I can't with clear conscience believe in offering ANOTHER pass to citizens of certain countries.
trailmix
QUOTE(rebeccajo @ Oct 21 2007, 04:30 PM) *
Well.........would you be surprised if the VWP were eliminated? I mean, we didn't used to need a passport to visit Canada or Mexico. Now we do - flying or driving.

Look how many come over and marry, and then don't adjust for ages? K-1'ers do the same sometimes, but I'd venture a healthy guess not nearly so many percentage wise.

I'm all for changing the system. But granting privilege to people who want to live here - not visit - is not the way to go.

My whole problem with the system has always been the intent of a person coming to this country. And I don't mean intent to marry. I mean intent to do harm. You know my philosophy has long been 'let them come'. It's starry eyed, I know and will never happen. But I firmly believe that if you want to come to this country, you should be allowed - providing you pass a background check.

Until there is some sort of level playing field like that FOR ALL - then I can't with clear conscience believe in offering ANOTHER pass to citizens of certain countries.


I agree with you Caladan, what you are saying makes perfect common sense to me. Rebeccajo, I also see your point, it is an uneven playing field and I guess the U.S. wants to give the illusion of A. Security and B. That they aren't playing favorites.

I also hear what the original poster is saying. Until you have been around a while I don't know that you think of the U.S. as that MUCH of a separate country. Most of us grow up crossing the border regularly, what you remember as a child is just some guy saying, "so where are you folks off to today? Well have a nice time" most of us have close relatives who are American and lots of us have family who live in the States.

I would venture to say that he/she didn't realize how stating something like that on VJ would get such a negative response, I also think if a Canadian walked in to their place of work tomorrow and made the same comment no one would even blink.
TheATeam
Most Canadians have no idea that a visa must be processed for marriage to an American Citizen. I know that I didn't. Why is that? For me, well, we're so close to the US already and have no trouble visiting, as well as the fact that we speak the same language, our school systems are pretty much interchangeable. It may be naive but Canada and the US are very much alike in many ways, except for maybe the government and health care systems. I'm only speaking for myself, but I wouldn't be surprised if these are some of the reasons that Canadians feel that they should be able to bypass the whole K1 visa.
harleytexas
QUOTE(Rob & Jin @ Oct 20 2007, 06:11 PM) *
QUOTE(Bryan&Meli @ Oct 20 2007, 04:45 PM) *
unsure.gif Is there any canadian like me that is kind of upset to have to go through all that crap since 1991 due to fact that other countries been "visa frauding" United States????

Its ridiculous in my opinion...but oh well just needed to let go some steam i guess hehe laughing.gif


Canadians are special ? I think not. My fiancee is real and we are going to have to wait 9- 11 months for our visa. So suck it up and join the club. Plus its damn cheap to visit Canada during the wait, try saving the money to fly to china on a regular basis, then post again.

I agree with what you said. Some people think that just by being Canadian we should be above all of this. You don't have to apologize for what you wrote or your opinions.....not that a lot of people on here have anything more than a pc touchy feely attitude and don't want negativity or the truth spoken.
trailmix
QUOTE(harleytexas @ Oct 21 2007, 06:15 PM) *
not that a lot of people on here have anything more than a pc touchy feely attitude and don't want negativity or the truth spoken.


I don't think that anyone in this thread so far could be called a liar based on what has been written. If you don't like the way someone has stated something here - that is your perogative.

If some of use choose to be polite to people and perhaps take a moment to try to see where they are coming from I don't think that can be negatively labelled 'PC'.

Your truth is not necessarily someone elses.
Alan & Sharon
If you peek at your application over the glass at the interview, you will notice the approved stamp already in place. My belief *and it's 9 am with only a few sips of coffee so hold this belief lightly* is:

1. To Piss you off because you had to endure Montreal's roads and try to look calm. *If you still plan on marrying your Spouse to be after the obscenities on this trip you must be in Love*

2. If you don't have a heart attack while in the waiting room, you must be healthy enough to enter the US.

3. The need to make sure everything is filled in properly *spent more time with the nice lady going through the paperwork then the interviewer*

4. To see if you have a good memory *who the *@&$ remembers how many times you entered the US *do we count the daily shopping trips too many to remember.**

5. To let the interviewer practice his low intimidating voice just in case it is needed for more important interviews.

Other then the above mentioned items, I have come to the conclusion, the 3 min interview is just to grab that last 100 $ before the real money needs to change hands.

addendum ..... OTTAWA SENATORS ARE THE BEST NHL TEAM although *gulp* wink.gif since I'm now in the US specifically North Carolina, shhhh I am supposed to root for the Cains.........

Love you all

Sharon girlwerewolf2xn.gif jest.gif

rebeccajo
The 'approved' stamp is for the I-129F stateside. It's not the visa approval.
SpiritAlight
Thank you so much Sharon for your hillarious post.
It is the key to healing: laughter!
And it is becoming apparent to me how many of us here need it.

As for the rest of the opinions here, here is yet one more: mine. Ha!

I grew up visiting the U.S. maybe 5 times or more per year with my family.
Then as an adult I didn't go as often, except the past few years where I spent quite a bit of time there, at the most 2 months before returning home. Although I have a passport, I never showed it. Simply my driver's license to enter and to fly around while I was in the U.S. The only time I used it was my last visit last Xmas (was there for a week; flew).

So, yes, it felt seemless.

This K1 process has me feeling completely the opposite.
I cannot visit the U.S. and have had to give up something (the racing) I've been a part of for the last 3 years (this has nothing to do with my honey).

I have noted that Canadians' petitions/requests are taking the longest for almost everything, especially for those of us who got transfered to CSC from NCS and final destination being the Montreal U.S. consulate.

Perhaps it is because we are the furthest away from the NVC, and the consulate.
Bahahaha.
There is the largest ocean between the U.S. and Canada.

This after SPP has been melting the borders for corporations and other businesses between Canada, USA and Mexico. (Latest meeting was in Montabello, QC)
As a regular civilian, we fall through holes and pay some price we are not aware of.
Once the Amero gets incorporated and the borders melt for the rest of us, will we get a refund and other monies for mental anguish?
Hahaha! I am not holding my breath....for either of these things happening. Politicians can talk for a long time....

laughing.gif
/rant

Let's not forget the one truth:
we are all born on this rock, and we are all one human family. heart.gif heart.gif heart.gif

Doug n Amanda
QUOTE(TheATeam @ Oct 21 2007, 07:36 PM) *
Most Canadians have no idea that a visa must be processed for marriage to an American Citizen. I know that I didn't. Why is that? For me, well, we're so close to the US already and have no trouble visiting, as well as the fact that we speak the same language, our school systems are pretty much interchangeable. It may be naive but Canada and the US are very much alike in many ways, except for maybe the government and health care systems. I'm only speaking for myself, but I wouldn't be surprised if these are some of the reasons that Canadians feel that they should be able to bypass the whole K1 visa.


Exactly where I was coming from when I posted a thread awhile back about my Canadian fiancee' having to apply for AP, when they have no trouble letting him cross without one b4 the K1. Don't get me wrong; I realized very quickly that was one-sided, and we should not expect "special" treatment. I agree, ATeam, we had no idea the amount of difficulty, time and money this involves until we started the process. As I concluded from the last debate I unknowingly started, we're just grateful we've been able to see each other regularly during the process...so many are apart COMPLETELY for way too long...

I'm welcoming Meli to the journey; hopefully she'll find the support of her fellow Canadian VJers (& the people that love them innocent.gif )... we are a COMMUNITY of independant minds with one thing in common: none of us are happy about the process, would change many many things if we could...not that we're shirking responsibility by not banding together to demand change...we're just people trying to make it thru with our dignity in tact. blush.gif
Cassie
QUOTE(Bryan&Meli @ Oct 20 2007, 05:45 PM) *
unsure.gif Is there any canadian like me that is kind of upset to have to go through all that crap since 1991 due to fact that other countries been "visa frauding" United States????

Its ridiculous in my opinion...but oh well just needed to let go some steam i guess hehe laughing.gif



Nope, didn't bother me a bit. I expected paperwork and delays, as I was applying to be allowed to live in another country. But that's just me.
misa
QUOTE(SpiritAlight @ Oct 22 2007, 12:09 PM) *
I cannot visit the U.S. and have had to give up something (the racing) I've been a part of for the last 3 years (this has nothing to do with my honey).


Why can't you visit? Plenty of us visited during the process.
SpiritAlight
QUOTE(misa @ Oct 22 2007, 01:03 PM) *
QUOTE(SpiritAlight @ Oct 22 2007, 12:09 PM) *
I cannot visit the U.S. and have had to give up something (the racing) I've been a part of for the last 3 years (this has nothing to do with my honey).


Why can't you visit? Plenty of us visited during the process.

I don't fit into a formula, unfortunately for me for this process.
Due to being turned back at the border in Washington ("voluntary withdrawal") for trying to mail some boxes from there (the guy at customs there thought I was moving I guess), and dug around and uncovered an ancient criminal charge I thought had disappeared. (I wrote about this in another thread.)

So I have been advised to sit on my hands and wait....do nothing.
misa
QUOTE(SpiritAlight @ Oct 22 2007, 02:19 PM) *
I don't fit into a formula, unfortunately for me for this process.
Due to being turned back at the border in Washington ("voluntary withdrawal") for trying to mail some boxes from there (the guy at customs there thought I was moving I guess), and dug around and uncovered an ancient criminal charge I thought had disappeared. (I wrote about this in another thread.)

So I have been advised to sit on my hands and wait....do nothing.


Ah, gotcha. I must have missed your previous post. That sucks.
~Nini~
QUOTE(cartoboy123 @ Oct 21 2007, 11:05 AM) *
While I like that this post was moved to the Cdn. forum, I believe my relief was only that "we" Canadians not all be painted in such a negative manner. Frankly, I find the OP's question/comment not very tactful, and I was and am embarrassed when Canadians show such attitude. Yes, to each their own, free speech, all that jazz, but I get annoyed when it's assumed that because we live right next to the USA, that we should be afforded special privilages. Are those special privliages afforded to Mexican's? They are bordering the US as well.

I also believe this post is going to get bashed regardless of which forum it's on as word spreads.


I'm totally with this, thanks Carla. good.gif

At no point before or during the process did we think that I deserved any special privileges or entitlement because I'm a Canadian citizen. (I'm sure by saying this I'll get the whole "well you got your visa approved super fast!!!1" bash going...) Best to go through the process grateful with what you do have, rather than what you think you should have.
misa
While it would have been nice to get special treatment, I didn't expect after reading up on the process.

QUOTE
Best to go through the process grateful with what you do have, rather than what you think you should have.


I agree with this! I was always grateful that the Vancouver and Montreal were never considered "hard" consulates to get through. And by "hard" I mean consulates like Casablanca or Lagos or Ho Chi Minh.
thermophile
but there is already a very special, very easy, open ended way for lots of Canadians to come to the US to work-TN visa. so reguardless how much it might piss non-Canadians off, there is a special relationship and I think it should extend to those of us foolish enough to marry our Canuk. It just shows the true "family values" of the US that a Canadian can come live in country by just showing up at the border with a written job offer, but that we still have to go through the whole interview song and dance if we're married rather than employer/employee.

I think that there should be an abbreviated process for citizens from countries that the US has deemed so trustworthy as to extend this special no-application work visa. Fair, no, but the world isn't fair. I'm just tired of family immigration to be treated as more fraud prone than work based immigration.

edit: I'm only familiar with US/Canadian visa issues, so if we(the US) has this type of work visa arrangement with other countries-I'm thinking Mexico here-then absolutely a shortened visa process should extent to that country too.
Udella&Wiz
Uhm....a very special, very easy, open ended way ......did you really say that? blink.gif

Have you gone through finding an employer who will hire you through the TN process? I have and it was a waste of my time. I work in IT, educated, qualified for the role being hired for - yes, one of the TN'defined' ones . The company had a lawyer even to take care of their piece.

Flash back to last Christmas holidays crossing the border at Buffalo. Had paperwork from the company and everything I thought I needed. Had even spoken to a border guy from the Toronto Airport customs to get tips.

As we drove up, we let the border guard know that we wanted to apply for the TN Visa stamp, no problem..pull over here, wait for your name to be called. Waited about an hour...finally went in and that's where it got bad

The lady must have gotten up on the wrong side of the bed. All questions she asked me were in a snarly tone - I answered politely of course (being the good Canadian that I am)....she barely read the letter from the company or the lawyer's appropriately filed paperwork. Asked me what I was going to do...computer analyst, what do you understand the duties to be etc etc.... and then.....Sorry, I don't think we can do this for you.

Excuse me? What? Did you look at my school transcript? Did you see my resume? Did you get past grade 12?????

To make a long story short....now we're K1 smile.gif We were engaged long before this stupidity happened, but gawd was she rude. Someone peed in her cornflakes I think.






harleytexas
QUOTE(trailmix @ Oct 21 2007, 07:26 PM) *
QUOTE(harleytexas @ Oct 21 2007, 06:15 PM) *
not that a lot of people on here have anything more than a pc touchy feely attitude and don't want negativity or the truth spoken.


I don't think that anyone in this thread so far could be called a liar based on what has been written. If you don't like the way someone has stated something here - that is your perogative.

If some of use choose to be polite to people and perhaps take a moment to try to see where they are coming from I don't think that can be negatively labelled 'PC'.

Your truth is not necessarily someone elses.


No where did I say "lie", just not the truth of Canadians being special, being polite is one thing, by coming down on this poster, others weren't "polite" either. THey are just saying that Canadians aren't special and deservr better treatment. Maybe people should lighten up on here and not jump to shoot a persons opinion down so quickly if they don't agree. Won't happen, but it's nice in theory. The poster I agreed with made no rude comment, just stated that Canadians aren't special and then a lot of people don't want to "be rude" and have to say they were rude.....by being rude to the poster....nice.
Delicia
The OP asked a simple question: Where is all the privileges to being Canadian? It only deserves a simple answer: in Canada! tongue.gif
trailmix
[quote]Canadia
S & J
QUOTE(Bryan&Meli @ Oct 20 2007, 04:45 PM) *
unsure.gif Is there any canadian like me that is kind of upset to have to go through all that crap since 1991 due to fact that other countries been "visa frauding" United States????

Its ridiculous in my opinion...but oh well just needed to let go some steam i guess hehe laughing.gif


Just wanted to let you know that my husband, who is the American, gets so upset about the process - he and his friends keep saying "but she's from Canada" LOL!

From one Canadian to another: I get what you are saying and, right or wrong, I totally feel the same way.

harleytexas
QUOTE(Delicia @ Oct 22 2007, 07:52 PM) *
The OP asked a simple question: Where is all the privileges to being Canadian? It only deserves a simple answer: in Canada! tongue.gif



Too true!!!!!! laughing.gif good.gif
ophelia783
QUOTE(harleytexas @ Oct 23 2007, 05:34 AM) *
QUOTE(Delicia @ Oct 22 2007, 07:52 PM) *
The OP asked a simple question: Where is all the privileges to being Canadian? It only deserves a simple answer: in Canada! tongue.gif



Too true!!!!!! laughing.gif good.gif


My biggest frustration with the whole process is not the waiting game (which, thankfully, is proving to be much faster than I imagined), but the fact that I had to file for a K1 at all.

You see, when Evan & I researched immigration 2 1/2 years ago when we first got engaged, we thought we would end up going another route - family sponsorship.

My grandmother is American, and was going to sponsor me. Unfortunantly, the American government told us that my grandmother was not a close enough relative to sponsor me, but, G-d forbid if something should happen to Evan, she could take over my sponsorship.

To me, that's ridiculous.

But, the rules are the rules!
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