Should the law be amended to specifically prohibit adjusting status from a tourist visa and/or the VWP?

[Ryan H 3,813]

After reading a few topics that dealt with seeking to adjust status off a tourist visa or the VWP, it got me thinking that the law ought to be amended to specifically prohibit adjustment of status to permanent resident from a tourist visa, a B1 visa, or the VWP. The whole purpose of these types of visas are for short term stays, not to circumvent the immigration process.

If the law specifically prohibited adjusting status from these types of visas, then perhaps it would be less onerous for:

• relatives to visit
  
• foreign spouses of US citizens to visit the USC's family if the USC and their spouse plans to live in the spouse's country long term OR if the USC and foreign spouse will not be moving to the US 'right away'
  
• a significant other of a USC to visit the US to have an idea of what life is like in the US before making a commitment
  
• a chance for a significant other to meet the USC's family
  
• people who simply want to take a vacation to the US
  

[VanessaTony 3,567]

I said yes, for exactly the reasons you mention. If "immigration intent" wasn't a risk then it would make life a lot easier for friends to visit. The VWP is pretty easy to use. I wasn't questioned at all.

I find it really hard to believe that the "ties" to their home country suddenly evaporated when they were "surprise" proposed to. Don't get me wrong, I understand not wanting to be apart, but they said they were "visiting" so that should be all they're permitted to do (just like they can't work).

[Noah Lot 391]

After reading a few topics that dealt with seeking to adjust status off a tourist visa or the VWP, it got me thinking that the law ought to be amended to specifically prohibit adjustment of status to permanent resident from a tourist visa, a B1 visa, or the VWP. The whole purpose of these types of visas are for short term stays, not to circumvent the immigration process.

If the law specifically prohibited adjusting status from these types of visas, then perhaps it would be less onerous for:

• relatives to visit
  
• foreign spouses of US citizens to visit the USC's family if the USC and their spouse plans to live in the spouse's country long term OR if the USC and foreign spouse will not be moving to the US 'right away'
  
• a significant other of a USC to visit the US to have an idea of what life is like in the US before making a commitment
  
• a chance for a significant other to meet the USC's family
  
• people who simply want to take a vacation to the US
  

I agree....end all adjustments of status from B2...this would reduce spurious marriages, reduce illegal employment and also possibly give more people a fighting chance to get a tourist visa...the only visa that is specifically designed for a COS is the K1 (yes, a few years ago, also the K3, which is hardly used anymore).there are far too many 'mind changers' (many of whom have posted the details of their astonishing and 'never intended to' changes of mind/purpose on this site (a change that probably occurred moments after baggage claim).

We should also eliminate 98% of extensions of tourist status...sorry, but few people have the resources to 'hang out' in this country for a year (let alone 6 months) without resorting to unauthorized work.

Edited November 19, 2011 by Noah Lot

[at long last 58]

OK so here I am on a Saturday missing my fiance so much. I don't work due to a car accident and receive money each month so yes some of us can be away from home for months at a time. BUT that still does not mean I'm not pissed that these characters (you know who you are)..lol travel to the USA on a tourist visa and take advantage of that open option to get married and do the AOS. All of us who have done everything according to the law have our petitions scrutinized at every turn. So I sooo think that needs to be addressed by the government.

I understand the spontaneity of some people and in fact could well be the marriages that last the longest, but IMO these people should have to do the waiting game apart like the rest of us.

thanks I've needed to vent about this for awhile now.

Terri

yikes has a can of worms been opened with your topic....

[Mike B. 231]

I guess since it doesn't bother me if people want to come to this country and stay, I don't see any reason to make it harder to do so.

[foobaz123 39]

I guess since it doesn't bother me if people want to come to this country and stay, I don't see any reason to make it harder to do so.

For exactly the reasons stated in the OP. B1/B2 visas are a mere dream for most of the world (basically, not Europe/Japan/Oz/SouthKorea) unless you're rich/married/older/male (depending on country) precisely because of the ability to pop over here on a B1/B2/VWP get married and squat. Since the level of proof that getting married wasn't the intention, as compared to what we who have to go the hard way must provide, seems to be laughably low. Like the OP and others have so far said, the non-intention lasts just long enough to get past customs.

While they're at it, the language that all people coming here are intending immigrants ought to be removed from other visa types that aren't for that purpose as well. I have a friend who was denied for a transit visa three bloody times because they couldn't prove they weren't just going to walk out of the airport as soon as they got here.

[Mike B. 231]

For exactly the reasons stated in the OP. B1/B2 visas are a mere dream for most of the world (basically, not Europe/Japan/Oz/SouthKorea) unless you're rich/married/older/male (depending on country) precisely because of the ability to pop over here on a B1/B2/VWP get married and squat. Since the level of proof that getting married wasn't the intention, as compared to what we who have to go the hard way must provide, seems to be laughably low. Like the OP and others have so far said, the non-intention lasts just long enough to get past customs.

This doesn't bother me.

[foobaz123 39]

This doesn't bother me.

It doesn't bother you at all that people by passing the system and using the current tourist type visas for purposes they were not intended to make it harder for everyone who just wants to visit to visit?

[Mike B. 231]

.

Edited November 20, 2011 by Mike B.

[Boiler 45,670]

So Canadian visitors could usually adjust status.

What about all the other non immigrant visa's.

[Rebecca Jo 1,962]

For exactly the reasons stated in the OP. B1/B2 visas are a mere dream for most of the world (basically, not Europe/Japan/Oz/SouthKorea) unless you're rich/married/older/male (depending on country) precisely because of the ability to pop over here on a B1/B2/VWP get married and squat. Since the level of proof that getting married wasn't the intention, as compared to what we who have to go the hard way must provide, seems to be laughably low. Like the OP and others have so far said, the non-intention lasts just long enough to get past customs.

While they're at it, the language that all people coming here are intending immigrants ought to be removed from other visa types that aren't for that purpose as well. I have a friend who was denied for a transit visa three bloody times because they couldn't prove they weren't just going to walk out of the airport as soon as they got here.

The VWP exists because the residents of the participating countries have a record of NOT coming to the US as a visitor and deciding to stay. And because those nations have a low record of visa fraud at the American consulates in those countries. And because those nations have other favored political status with the United States.

Taking away the ability of VWP/B2 entrants to adjust status would NOT open B2 avenues in other countries.

[Rebecca Jo 1,962]

So Canadian visitors could usually adjust status.

What about all the other non immigrant visa's.

Haven't you heard that no international relationship is real lest it is tested at the consular level?

[sara..... 371]

I used to be so against this ....... but after the joke we went thru trying to do everything legally.......if i had it to do over again i would have done it the way many have with out all the #######

just my opinion

sara

[AnhXao 0]

I voted yes because of the tourist visa difficulty.

[Rebecca Jo 1,962]

I voted yes because of the tourist visa difficulty.

The fact that a British citizen could no longer land in the US on the visa waiver and adjust his/her status would not affect the ability of a Vietnamese citizen to acquire a tourist visa.

OK so here I am on a Saturday missing my fiance so much. I don't work due to a car accident and receive money each month so yes some of us can be away from home for months at a time. BUT that still does not mean I'm not pissed that these characters (you know who you are)..lol travel to the USA on a tourist visa and take advantage of that open option to get married and do the AOS. All of us who have done everything according to the law have our petitions scrutinized at every turn. So I sooo think that needs to be addressed by the government.

I understand the spontaneity of some people and in fact could well be the marriages that last the longest, but IMO these people should have to do the waiting game apart like the rest of us.

thanks I've needed to vent about this for awhile now.

Terri

yikes has a can of worms been opened with your topic....

That's just sour grapes.