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

[foobaz123 39]

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.

None the less. Adjusting from status from VWP still seems really shady. I have a hard time imagining there are that many VWP who "suddenly" decide to get married here who had no intention of doing so in the first place. Does it happen? Sure. Often, not a chance.

[foobaz123 39]

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

I can sympathize with the thought, but with your person being from India I doubt you'd have the option to do it any way but the hard way or do they give B1/B2 visas far more frequently to Indians than I thought?

[Rebecca Jo 1,962]

None the less. Adjusting from status from VWP still seems really shady. I have a hard time imagining there are that many VWP who "suddenly" decide to get married here who had no intention of doing so in the first place. Does it happen? Sure. Often, not a chance.

I disagree.

I think most people, even people who travel a lot internationally, don't have a clue about what it takes to move permanently to another country. How many people that you know think that just because your foreign born spouse is now here in the US, they are automatically a citizen? How many times have you read (right here on VJ) how a person can't believe how complicated our US immigration system is? Do you really think most people have a clue what this system is like?

Sure there are people who intentionally abuse the VWP. But insofar as people marrying and staying, I think a lot of that is just people who are carried away with romance and decide to get married. I don't think they have any kind of damn plan at all as to what they are going to do next.

One of the things my husband hated about the visa process was that it killed the entire spontaneity of love. He said he would have liked to have woken up beside me one morning, said "lets get married" and run out and done it. And then stayed together as husband and wife.

Edited November 20, 2011 by Rebecca Jo

[foobaz123 39]

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.

That's just sour grapes.

You know, maybe it wouldn't and maybe it would. But it sure is damned easy to say it's just sour grapes when you and/or your special person comes from a favored country and can just hop on a plane and come over and you don't have the government prohibiting them from coming over for months or years. Perhaps you'd have an entirely different view point if you weren't waiting months for an interview and having to be scared to death that they won't be approved and wondering what to do then.

I'm sure you might also look at it differently if you had to go to an interview that they would almost certainly not be approved at just to visit their new family or friends.

[foobaz123 39]

I disagree.

I think most people, even people who travel a lot internationally, don't have a clue about what it takes to move permanently to another country. How many people that you know think that just because your foreign born spouse is now here in the US, they are automatically a citizen? How many times have you read (right here on VJ) how a person can't believe how complicated our US immigration system is? Do you really think most people have a clue what this system is like?

Sure there are people who intentionally abuse the VWP. But insofar as people marrying and staying, I think a lot of that is just people who are carried away with romance and decide to get married. I don't think they have any kind of damn plan at all as to what they are going to do next.

One of the things my husband hated about the visa process was that it killed the entire spontaneity of love. He said he would have liked to have woken up beside me one morning, said "lets get married" and run out and done it. And then stayed together as husband and wife.

And you know what those people who get married like that should do? Follow the same damned process the rest of us have to simply because our person isn't from a special country. Why should you and yours get to bypass the system simply because your person can just hop a plane and get married here?

[Rebecca Jo 1,962]

You know, maybe it wouldn't and maybe it would. But it sure is damned easy to say it's just sour grapes when you and/or your special person comes from a favored country and can just hop on a plane and come over and you don't have the government prohibiting them from coming over for months or years. Perhaps you'd have an entirely different view point if you weren't waiting months for an interview and having to be scared to death that they won't be approved and wondering what to do then.

I'm sure you might also look at it differently if you had to go to an interview that they would almost certainly not be approved at just to visit their new family or friends.

Are you trying to make this personal? Because you shouldn't. The reasons things are tough for some countries is because of their politics. Because some of their citizens by hook or by crook will do anything to get out of those countries.

It isn't my fault or your fault that things are this way.

And you know what those people who get married like that should do? Follow the same damned process the rest of us have to simply because our person isn't from a special country. Why should you and yours get to bypass the system simply because your person can just hop a plane and get married here?

Hating on someone because they aren't going through what you are going through isn't very productive. Life evens itself over the long run for most of us.

[foobaz123 39]

Are you trying to make this personal? Because you shouldn't. The reasons things are tough for some countries is because of their politics. Because some of their citizens by hook or by crook will do anything to get out of those countries.

It isn't my fault or your fault that things are this way.

Hating on someone because they aren't going through what you are going through isn't very productive. Life evens itself over the long run for most of us.

I'm not trying to make it personal, sorry if it read that way. However, what you seem to be saying is that since certain countries are lucky and can just get on a plane and come over whenever they want, they should also be allowed to just bypass the entire system and just adjust status. Why should they be allowed to do that and us other people must go the long way?

[Theresa0828 65]

I vote yes with the condition that the processing process should be just a month or two... This should be reasonable for everyone... Deal?

[Rebecca Jo 1,962]

I'm not trying to make it personal, sorry if it read that way. However, what you seem to be saying is that since certain countries are lucky and can just get on a plane and come over whenever they want, they should also be allowed to just bypass the entire system and just adjust status. Why should they be allowed to do that and us other people must go the long way?

I don't know the real answer to this. I suspect part of it is rooted in the facts that citizens from VWP nations don't make up a large portion of our immigrant population to begin with - either by consular processing or stateside adjustment.

[sara..... 371]

I can sympathize with the thought, but with your person being from India I doubt you'd have the option to do it any way but the hard way or do they give B1/B2 visas far more frequently to Indians than I thought?

he had the ability to come to the usa for a medical conference we made the choice to forgo that and go about it the legal way.................

[xxxwabbiexxx 70]

I agree and disagree. My points refer to VWP because I don't know anything about a B2

- It should be illegal, because immigration laws are there for a purpose just like any other law, you wouldn't go and rob food because you couldn't be bothered to get a job and get money to pay for it, so why are you breaking immigration laws to cut corners to get your loved one here, (####### example but you know what I mean, its breaking the law)

- America is a very desirable country so it needs to protect its boarder and resources.

- Its technically cheating

- If the majority go through the process so should the minority - regardless of where you are from!

- Then it doesn't really bother me because I don't think a government should be allowed to keep people who are in love apart

- I don't know any statistics but I'm sure the percentage of people who actually use the VWP and stay is tiny, other wise the government would do something about it.

- The VWP is there for a reason, the people of these countries do not need to stay in America to better their quality of life, therefore they are trusted more than people from less economically developed countries, for example, apart from being with the love of my life which has improved it 100000000%, my life hasn't actually changed from being in England.

If it bothered America that much, then they would make it illegal so its obviously not that big a deal to them.

[A and T 82]

More like current laws should be relaxed so people that pay the legal route arent forced so suffer such long waits and terrible service from USCIS. Ive waited over 2 and half years, so much for the legal route....

[JoannaV 173]

Personally, I think either adjusting from VWP should be banned (unless there is ample proof of certain extreme circumstances) or anyone who can legally enter the US should be able to adjust status whilst in the US. There are complicated issues surrounding either option, but both are at least better than the current system in that the current system totally contradicts itself.

To be honest, half the rigmarole around K and I visas is silly when that person is able to visit the US already. For example, the current requirement of flu shots for every immigrant is manifestly silly if that person is legally able to contract the flu and then fly to the US on VWP and infect people :B

[BirdyGirl85 23]

I don't understand, why even have K-1 visas if people are allowed to just adjust status from tourist visa or VWP? That's what I'd like to know...

[LBeachey 44]

If you were to change the law specifically prohibiting Adjustment of Status from VWP/B1/B2; you would have to go further than that. It is possible to adjust status if you are here illegally as long as you marry an American. It would require a broad change in policy meaning unless you were here on specific visas(student, work), you would be forced to go back to your home country and then apply no matter what the circumstances. I think the problem is there are enough situations where it is reasonable and humane to allow the non-citizen to adjust status within the US; situations where USC kids or other hardships are involved. The problem is the present system is unfair to some. Changing the law just makes it unfair to others. It wouldn't really solve the issue.

I also think it would just increase the number of people here illegally with no avenue to legal status. I am not sure that is in anyone's best interests.

And I was lucky, I was able to apply DCF so I spent zero time away from wife while doing everything as the system was intended. I recognize the time apart stinks.

Edited November 20, 2011 by LBeachey