I think its unfair to have I-485ers and Consular Processing both in the same category

[shabbera 7]

I think its inherently unfair for those who have to wait a long long time for their PD to get current and undergo the long waits overseas to get their F2A visas as compared to those who are here already and just file an I-485 and get theirs the next day pretty much. At least they get an EAD. I think they should separate these 2 groups make a new category for the I-485 people so that they don't eat up the consular processing visas.

Also if CIR eventually does get passed by congress - that would put a rest to this issue once and for all by making the F2A category obsolete and merged in the Immediate Relative category.

[maya and mayalu 2]

Absolutely ! This is not fair

[U and A 0]

Agreed

[aaron2020 11,651]

What's the difference when a US citizen petitions for a spouse as an Immediate Relative?

If the spouse is in the US, they file for an adjustment.

If the spouse is outside the US, then it's 6-12 months.

How does creating two categories help the F2a? Doesn't it leave them in the exact same position as now?

The PD in the F2a category has only been current for 14 days. These people have only ha the opportunity to file the I-130 and I-485 for a short period and that will probably end in a few months.

Is it unfair because all if you are processing outside te US?

Normally, F2a do not normally get to file to adjust concurrently when filin the I-130. In a few months, they would have to wait for a current PD to adjust.

I don't see how splitting the F2a category into two groups will help. If the number if visas are split as well, then it's a zero sum game. The only way for it to be beneficial is to gent more visas, and that's not going to happen.

I think you guys are bitter because some F2a are able to file concurrently and adjust right now.

Instead of being bitter, be happy for those who are just like you who are getting this lucky window where all F2a cases are current.

Edited August 14, 2013 by aaron2020

[jackiepan 0]

What's the point of splitting the two? It's a no pain no gain game. Anyone who can AOS inside US is either on a F1 student visa of H1/L1 working visa which means either way, they need to pay the expensive tuition fee or find a company that is willing to sponsor the visa. If you want to save your money staying at your home country or not be able to find a sponsor job, then it's your own choice and problem. It's absolutely fair for the hard work they have done inside US

[sam271985 7]

What's the difference when a US citizen petitions for a spouse as an Immediate Relative?

If the spouse is in the US, they file for an adjustment.

If the spouse is outside the US, then it's 6-12 months.

How does creating two categories help the F2a? Doesn't it leave them in the exact same position as now?

The PD in the F2a category has only been current for 14 days. These people have only ha the opportunity to file the I-130 and I-485 for a short period and that will probably end in a few months.

Is it unfair because all if you are processing outside te US?

Normally, F2a do not normally get to file to adjust concurrently when filin the I-130. In a few months, they would have to wait for a current PD to adjust.

I don't see how splitting the F2a category into two groups will help. If the number if visas are split as well, then it's a zero sum game. The only way for it to be beneficial is to gent more visas, and that's not going to happen.

I think you guys are bitter because some F2a are able to file concurrently and adjust right now.

Instead of being bitter, be happy for those who are just like you who are getting this lucky window where all F2a cases are current.

Well said..!

People said all kind things...!

instead of being happy for those who get opportunity, they just talk rubbish...!

[shabbera 7]

Easy for you guys to say these things - I'm not talking about this from the legalistic, technical point of view - I'm talking about being physically separated from your loved one for such a long time. This is a humanity issue is what I'm talking about. If you guys want to rant on about talking rubbish go ahead - but I miss my wife very much and you will never be able to appreciate that unfortunately because of your shallow thinking.

Well said..!

People said all kind things...!

instead of being happy for those who get opportunity, they just talk rubbish...!

[shabbera 7]

A more equitable approach would be to say hey if you want to marry in the US - fine but go back to your respective country and do consular processing. I'm not asking them to give my wife a gc right away, just let her come and stay with me - she won't be a bother to anyone will she? the govt did do this a while back with the V-visa category so its not out of normality to be asking for one. Furthermore, the new CIR bill coming up has bipartison support on changing F2A to the IR category - this shows that they also have some appreciation of the emotional costs involved in family separation.

Easy for you guys to say these things - I'm not talking about this from the legalistic, technical point of view - I'm talking about being physically separated from your loved one for such a long time. This is a humanity issue is what I'm talking about. If you guys want to rant on about talking rubbish go ahead - but I miss my wife very much and you will never be able to appreciate that unfortunately because of your shallow thinking.

[aaron2020 11,651]

A more equitable approach would be to say hey if you want to marry in the US - fine but go back to your respective country and do consular processing. I'm not asking them to give my wife a gc right away, just let her come and stay with me - she won't be a bother to anyone will she? the govt did do this a while back with the V-visa category so its not out of normality to be asking for one. Furthermore, the new CIR bill coming up has bipartison support on changing F2A to the IR category - this shows that they also have some appreciation of the emotional costs involved in family separation.

Two different things. No adjustment vs. V type visa for my wife.

How is it more equitable to stop adjustment and make people do consular processing? Because you are separated, so should everyone else? Why can't you be happy for those who can adjust and don't have to suffer like you? How does preventing them from adjusting help you?

Getting a V type visa is a completely different thing. That gives you a benefit. It doesn't take away a benefit from another.

All I see is bitterness that someone else is getting something that you guys outside the US are not.

The people that are adjusting are the spouses of LPRs just like you. Why shouldn't you be happy they can adjust? Why say it's more equitable if they can't do it? How is taking a benefit away from them help you?

[captain4ever 2]

A more equitable approach would be to say hey if you want to marry in the US - fine but go back to your respective country and do consular processing. I'm not asking them to give my wife a gc right away, just let her come and stay with me - she won't be a bother to anyone will she? the govt did do this a while back with the V-visa category so its not out of normality to be asking for one. Furthermore, the new CIR bill coming up has bipartison support on changing F2A to the IR category - this shows that they also have some appreciation of the emotional costs involved in family separation.

The point of AoS is to allow people who have been inspected and admitted into the US during the petition. Those are F1 students , H1-B workers who already spent that much time through the Consular. Is it fair for them to have to go back and do the Consular processing again?

You are just denying the fact the AoS people have done the same process as your spouse is doing right now.

Related note: Well, the same perspective that is it fair for anyone how have NoA2 approval ealier than posted date? Meanwhile there are so many people having earlier PD are still desperatly waiting for the approval. I don't see anyone complains that is unfair so far.

[shabbera 7]

2 things

1) it uses up precious visa numbers - only the IR category has no quota to worry about

2) I'm not saying that those already here should not avail of this benefit - sure go ahead - the more the merrier for them - I'm saying give them another category so our quota doesn't get affected by them - let them have their own quota - they have an EAD to work to do w/e they want - I am not stopping them at all

As far as this talk about being bitter - let me tell you one thing whoever you are - either you talk to me politely or don't talk at all - case closed!

Two different things. No adjustment vs. V type visa for my wife.

How is it more equitable to stop adjustment and make people do consular processing? Because you are separated, so should everyone else? Why can't you be happy for those who can adjust and don't have to suffer like you? How does preventing them from adjusting help you?

Getting a V type visa is a completely different thing. That gives you a benefit. It doesn't take away a benefit from another.

All I see is bitterness that someone else is getting something that you guys outside the US are not.

The people that are adjusting are the spouses of LPRs just like you. Why shouldn't you be happy they can adjust? Why say it's more equitable if they can't do it? How is taking a benefit away from them help you?

[shabbera 7]

Did people who came here on F1 and H1 come here with immigration intent or with temporary intent? Don't both H1 and F1 categories explicitly because they are temporary visas permit them to bring their spouses and children with them? You conveniently ignore these facts don't you.

I have nothing personal against any group - I have family and friends who benefited from them - so why would I be against it. I'm just trying to make everyone's life better but you guys are hell bent on making others lives worse if not the same way it is and just calling them bitter won't do the trick i'm afraid.

The point of AoS is to allow people who have been inspected and admitted into the US during the petition. Those are F1 students , H1-B workers who already spent that much time through the Consular. Is it fair for them to have to go back and do the Consular processing again?

You are just denying the fact the AoS people have done the same process as your spouse is doing right now.

Related note: Well, the same perspective that is it fair for anyone how have NoA2 approval ealier than posted date? Meanwhile there are so many people having earlier PD are still desperatly waiting for the approval. I don't see anyone complains that is unfair so far.

[jackiepan 0]

I understand your frustration, i've suffered from it too. But, it doesn't mean that grant EAD and AP to AOS ppl not your wife is unfair. They pay high tuition fee or work hard to get a sponsor job in order to stay close to their family, they deserve something compared to the ppl like your wife, just stay in their home country. Why can't she join you on a F1 visa or ask the company for a transfer to the US branch? Think the other way, if NO AOS available inside US, what's the difference to these ppl? The only thing i can think of is paying a flight ticket to go back to home country for an interview. During the waiting/processing time, they still hold their valid visa to stay with the family which you care the most, and also which you and your wife haven't worked hard to solve.

Did people who came here on F1 and H1 come here with immigration intent or with temporary intent? Don't both H1 and F1 categories explicitly because they are temporary visas permit them to bring their spouses and children with them? You conveniently ignore these facts don't you.

I have nothing personal against any group - I have family and friends who benefited from them - so why would I be against it. I'm just trying to make everyone's life better but you guys are hell bent on making others lives worse if not the same way it is and just calling them bitter won't do the trick i'm afraid.

Edited August 14, 2013 by jackiepan

[aaron2020 11,651]

Did people who came here on F1 and H1 come here with immigration intent or with temporary intent? Don't both H1 and F1 categories explicitly because they are temporary visas permit them to bring their spouses and children with them? You conveniently ignore these facts don't you.

I have nothing personal against any group - I have family and friends who benefited from them - so why would I be against it. I'm just trying to make everyone's life better but you guys are hell bent on making others lives worse if not the same way it is and just calling them bitter won't do the trick i'm afraid.

We are happy that F2a can adjust.

You are the one complaining that it's unfair. You would like them not to be able to adjust.

How does it help you if people can't adjust? Why is it unfair to you to let them adjust?

Just answer these simple questions.

[shabbera 7]

Whats even more funny is that - once you file their I-130 they are no longer eligible for any kind of visa for the most part apart from H1. I applied a visit visa for her it was rejected on the grounds of not being eligible since she is already applied for.

In addition, if someone is a fiance of a US citizen then they can come here before there is even a relationship, but once the US citizen signs the papers of marriage, then you have to wait in a much longer line. I mean the logic baffles me really.

I understand your frustration, i've suffered from it too. But, it doesn't mean that grant EAD and AP to AOS ppl not your wife is unfair. They pay high tuition fee or work hard to get a sponsor job in order to stay close to their family, they deserve something compared to the ppl like your wife, just stay in their home country. Why can't she join you on a F1 visa or ask the company for a transfer to the US branch? Think the other way, if NO AOS available inside US, what's the difference to these ppl? The only thing i can think of is paying a flight ticket to go back to home country for an interview. During the waiting/processing time, they still hold their valid visa to stay with the family which you care the most, and also which you and your wife haven't worked hard to solve.