Question about 30/60 intent rule

[blahblahblog 36]

If there is a security issue, too late they are here.

Agree with you. That only makes sense if the government kept track of exits and deported/went after people that overstay their visas...

The reasoning there is that local consulates have access to local inteligence and as such are more capable of assessing threats to national security from that country. Apparently the scrutiny at consulates is higher for immigrants than for non-immigrants. That's the vulnerability for people that see it that way.

[YouAndMeForever 1,022]

Mature. Why do you insist on making yourself look like an utter fool? Are you an adult or a spoiled little girl?

Seriously. You are hiding behind a blank avatar and trying to insult me? Just because me and some other people point out facts.

[Boiler 43,430]

Ladies, please!

Not appropriate in the upper forums.

[blueniv 5]

Seriously. You are hiding behind a blank avatar and trying to insult me? Just because me and some other people point out facts.

What are these "facts" you are pointing out? All you're doing is showing the world how spiteful you are and how superior you feel for having gotten your GC the "right" way. My gripe is that you have zero understanding why people make the decisions they do and have the audacity to generalize everyone while making wild assumptions about people's motives. You have a lot of growing up to do, since all you can see is "omg no fair! I had to wait so long and they didn't!"

And yeah, I don't post my photo here, what do you think this is, Facebook? Give me a break.

[blahblahblog 36]

People being allowed to adjust from tourist visa IS a loophole.

When someone on a tourist visa enters the US, he will obviously say at POE that he has no intent to immigrate because if he said otherwise, he wouldn't even be let into the country. All the tourist visa adjusters claim to "have changed their mind" while being in the US.

But who exactly checks what their REAL intent was? Based on the AOS interview experiences I have read on this site, the only thing that can happen to them is the immigration officer asking "what was your intent when you entered the country" and they just have to say "no intent to say" and bamm they get their green card.

I came to visit my then-fiance/now-husband on ESTA but it never even crossed my mind that I should stay. Boy, we love each other madly and it was so hard to say our "see you laters" at the airport. But we knew that the K1 visa is the right thing to do. And by the way I don't get how can one simply "change his mind" and stay? Don't they have a job, school, family, pets, etc in their home country?!

Couple of things:

1) I get that from your perspective it's unfair that someone AOS'ing is getting together with their wife/fiancée before people that get family K1/GC abroad. It certainly seems unfair, but that doesn't make it a loophole. Loophole is using elements of a regulation to obtain a result that is against the legislative intention. However AOS is intended to be used when the circumstances of a foreign alien (yes, it includes B1) in the country change.

2) BIA established that prior intent to stay isn't sufficient to deny AOS in case of immediate relatives so even that isn't relevant.

3) B1 AOSers fall in two categories. The ones that overstayed for a very long time and after a few years found a wife and built a family. These people are eligible for GCs but if AOS didn't exist then these people would probably stay illegal forever for several complications (no home to go back to, 3/10 year bans, support the family...). The second group are the "line-cutters", the ones that are part of a couple, come here and file for AOS immediately. I don't think it's legally possible to separate the two groups so if you remove one you'll have to remove the remedy for the other group (which I think is mildly inhumane).

4) <tongue-in-cheek> Do you love each other so much that you would be willing to lie to CBP about intent to immigrate? Do you love each other so much that you'd use the very wrong B1 even though K1 is the right thing to do? Have you felt passion so strong that it made you simply change your mind and stay? Do you love each other so much that you would give up your job, school, family, pets, etc in your home country? If you loved your husband so much, why do you let the government keep you apart for so long? </tongue-in-cheek>

5) On a more serious note, look the problem that you people has is with USCIS/DOS timeframes which are ridiculously long, not with people that are AOSing. Immigrant visas for immediate relatives are unlimited by law, it's not a zero-sum game. You wouldn't get your K1/GC faster if AOS didn't exist. If anything, they are reducing the case load on the NVC/consulates and helping you guys.

[YouAndMeForever 1,022]

What are these "facts" you are pointing out? All you're doing is showing the world how spiteful you are and how superior you feel for having gotten your GC the "right" way. My gripe is that you have zero understanding why people make the decisions they do and have the audacity to generalize everyone while making wild assumptions about people's motives. You have a lot of growing up to do, since all you can see is "omg no fair! I had to wait so long and they didn't!"

And yeah, I don't post my photo here, what do you think this is, Facebook? Give me a break.

Stop with that "you have a lot of growing up to do" bs. You are not my father.

[YouAndMeForever 1,022]

Couple of things:

1) I get that from your perspective it's unfair that someone AOS'ing is getting together with their wife/fiancée before people that get family K1/GC abroad. It certainly seems unfair, but that doesn't make it a loophole. Loophole is using elements of a regulation to obtain a result that is against the legislative intention. However AOS is intended to be used when the circumstances of a foreign alien (yes, it includes B1) in the country change.

2) BIA established that prior intent to stay isn't sufficient to deny AOS in case of immediate relatives so even that isn't relevant.

3) B1 AOSers fall in two categories. The ones that overstayed for a very long time and after a few years found a wife and built a family. These people are eligible for GCs but if AOS didn't exist then these people would probably stay illegal forever for several complications (no home to go back to, 3/10 year bans, support the family...). The second group are the "line-cutters", the ones that are part of a couple, come here and file for AOS immediately. I don't think it's legally possible to separate the two groups so if you remove one you'll have to remove the remedy for the other group (which I think is mildly inhumane).

4) <tongue-in-cheek> Do you love each other so much that you would be willing to lie to CBP about intent to immigrate? Do you love each other so much that you'd use the very wrong B1 even though K1 is the right thing to do? Have you felt passion so strong that it made you simply change your mind and stay? Do you love each other so much that you would give up your job, school, family, pets, etc in your home country? If you loved your husband so much, why do you let the government keep you apart for so long? </tongue-in-cheek>

5) On a more serious note, look the problem that you people has is with USCIS/DOS timeframes which are ridiculously long, not with people that are AOSing. Immigrant visas for immediate relatives are unlimited by law, it's not a zero-sum game. You wouldn't get your K1/GC faster if AOS didn't exist. If anything, they are reducing the case load on the NVC/consulates and helping you guys.

2. Unfortunately.

3. Why did the B1 AOSers "forgot to go home" when their original visa expired and overstayed years? Who forced them to stay? They could have gone back home and start a K1 or spousal visa process? I know it would be heartless to seperate them from them family and give them a ban, but it is still not fair letting them AOS. Some people get married in the 90 days of the K1 visa but file a few weeks after their I-94 expires... if they get caught by CBP they would be kicked out of the country in a heartbeat.. whereas people who get "lucky" can hide for years.

4. In my opinion that is not a question of love. When I was here on ESTA before, it was really hard to go home. Only my husband knows how many times I cried on skype. But K1 was the right thing and I don't regret it.. Plus, I had to go back home to finish my education because then it would have been all wasted time and money that I did put in it. I had stuff to do, I wasn't ready. Because I DEFINITELY did come to the US as a TOURIST, and not an intending immigrant.

5. AOS from K1 nowadays takes a year (with the Interview Waiver Letter). Only a small percentage gets lucky and gets an interview date and gets approved within like 4 months. Whereas every tourist visa adjuster gets their green card within a few months. K1 AOS really shouldn't take that long, so of course we are frustrated. If something, tourist visa AOS should be that long. So, the system is not fair, and it is just plain annoying coming here and reading "pleasant interview experiences" of people who came into the country on a tourist visa, got married to a USC after a few months and adjusted that way. Does USCIS really give a hard time to tourist visa adjusters at the AOS interview? If not, then why does the K1 and spousal visa even exist? I will never understand this.

Edited March 26, 2015 by YouAndMeForever

[Shauneg 762]

Agree or disagree with the loopholes and workarounds. You story as you explain is legal and she can a.o.s in country. Many will disagree on the fairness or moral grounds of it, but you are within legal rights to do it.

[TBoneTX 43,057]

The OP's question was answered long ago, and this thread has degenerated into bickering. Therefore, the thread is closed to further comment. Do not restart this thread or transport its drama elsewhere.

TBoneTX

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