Adjusting via B2 visa....should the law be changed?

[Steeleballz 7,550]

On 5/4/2018 at 5:01 PM, Wiz_Fit said:

Sorry to post on this - just wanted to drag up another point that is my case.

 

My spouse and I are adjusting from a B2..... We dated for a year before her visiting and me proposing before she left. I was going to wait until my next visit to her and do the K1 process but my daughter said daddy please dont let her go anymore. In your original idea, my spouse and I could have never been. I have joint custody with my ex wife. We are currently 4k$ in lawyer fees trying to fight to get a judge to grant me rights to even take my kids with her on a 2 week vacation to the Philippines to visit her extended family there. We've been married for over a year, shes changed diapers for kids she didn't birth along with so many other things.

 

How would it be possible for us to be together in this 2 years in her country before allowing her to immigrate? If we waited to adjust to k1 and then came, then what do you want me to tell my daughter who's gonna see her new mom as someone who leaves her or takes her dad away on a vacation she cant goto? Theres always circumstances to everyones situation.

 

   USCIS doesn't see this as a loophole. You are not cutting in line. It won't make it any harder for any one else in the PI to get a visitors visa. USCIS doesn't consider this to be abuse of the B2.

 

  Your intents changed. She is now legally adjusting status as is allowed by immigration law. You are both following that law. I wouldn't worry about it if I was you,  and I certainly wouldn't give a damn what anyone else thinks about it. Just my 2 cents.

[MacUK 983]

Well, I'm not on a K1 or CR1 journey so I don't have that grumpiness from any feelings that people "jump the line" when they AoS. 

But I do feel that the system for adjusting status needs a severe overhaul, it's far too open for abuse.

 

I think a lot of people on this thread have misunderstood what others have meant when they've mentioned fraud. People have brought up comments about K1s and CR1s being fraudulent and while that is indeed true I don't think that is what this thread is about. Fraud in this thread is not about the marriages being fraudulent, it's about the methods of entering the US being fraudulent.

 

And for those saying that tourists being able to adjust status has no negative effect on others then I think you're wrong. I have no idea about exact statistics but I imagine that the biggest reason for tourist visa denials is 214(b), presumption of immigrant intent. The simple fact that tourists have a legal path to immigration raises the bar of suspicion for genuine tourists. How many immediate relatives of USCs are denied the ability to visit their families simply because it's suspected that they'll adjust?

If the ability to adjust wasn't there then tourist visas would be more easily approved. There'll still be overstayers, but I don't think anything will ever stop people overstaying. I'd love to hear suggestions on that.

 

As for B2/VWP.

First on my list of necessary changes, parents of adult children being included in the immediate relative category that allows AOS. I don't understand the logic that parents of children under 21 don't have an avenue to live with their children in the US while parents of adult children do. Surely children have more need of their parents than grown adults. Of course though, that would entice people to go the anchor baby route to stay in the US so I'd do away with parents AOSing completely.

Next on the list, forgiveness for overstay and illegal working for people doing AOS. Whilst I disagree with the thought that people can just drop all their ties to their home countries when they spontaneously decide to marry on a whim, it's nothing compared to my thoughts on those who stay and work illegally for years and even decades, then face no real consequences for their flagrant abuse of their tourist visa and get their greencard.

 

I just don't understand the logic in the US making it difficult for tourists to get a visa because of the presumption that they'll abuse it, and then making it so easy to abuse if you do get it.