Family separated by immigration policies

[Captain Ewok 1,857]

Take a look at the Story in the News Section. There is also a TV interview:

http://www.visajourney.com/news/2007/04/07/17/

[LaL 418]

this man has been all over the news locally. i feel for him and dealing with immigration since 1998, and its just another example of the whole system giving out terrible information. even the tampa office advised this woman to leave the country and file to come back, knowing full well that she would be hit with a 10 year ban. we have suggested so many people here to not leave the country prior to speakign with a competant AILA lawyer. I believe this couple did as they were told by an organization who is not liable for the things they advise people.

I hope the comprehensive bill set to come out truely addresses family unity.

[akdiver 3]

No sympathy for them whatsoever. The rules are crystal clear. It' a FIANCE VISA, not a WIFE VISA. Duh!!! If someone is too lazy or stupid to read basic forms and paperwork, or worse, accept advice from the government, then shame on them

The law-breakers and law-evaders make it much harder on people who play by the rules.

They deserve the ban. If he wants to live her so much, all he has to do is move his law-breaking ### to Japan.

Edited April 8, 2007 by akdiver

[Jenn! 918]

I don't really understand what happened. That article wasn't very clear.

[LaL 418]

that article wasn't really clear. if you google his name you will find more info as he has been interviewed by several media outlets down here, and he even has a website. i did get a chance to speak to him personally. I cant really say I understand fully the reason behind thinking the consulate's suggestion to go ahead with a planned wedding was sound advice, but that's what happened. She entered and they attempted to file AOS several times, only to be told for her to leave and file for a visa after 9 years here.

My problem with all of this is, does this really equate 10 year ban? Does that make logical sense? It does not sound right to me. They messed up, and the lack of sound advice or ignorance of the law isnt a defense, I just cant see it.

[Captain Ewok 1,857]

I have updated the story like you said. It was not clear and I found a better source .

[mRx 16]

I still dont get it.... They married, she entered the US on a fiancee visa, then 8 years later, the visa was approved????

[reach449 2]

No sympathy for them whatsoever. The rules are crystal clear. It' a FIANCE VISA, not a WIFE VISA. Duh!!! If someone is too lazy or stupid to read basic forms and paperwork, or worse, accept advice from the government, then shame on them

The law-breakers and law-evaders make it much harder on people who play by the rules.

They deserve the ban. If he wants to live her so much, all he has to do is move his law-breaking ### to Japan.

Akdiver.....I believe you are way too harsh. These people might have been "ignorant", but had good intentions. Although they did make mistakes, the stupid system failed them too. Just imagine having to be away from you SO and family for 10 years! Don't compare these people to individuals that blantently cross our borders everyday who know fully well they are breaking Unitied States Laws. Do you honestly think these people from Tampa and Japan were???? Jeeez!!!! Chill out.

reach449

[Nagishkaw 510]

They should have found VJ. Had they, then this never would have happened . It is sad in it's own right. I can't see where they set out to intentionally break the law.

[homesick_american 1]

No sympathy for them whatsoever. The rules are crystal clear. It' a FIANCE VISA, not a WIFE VISA. Duh!!! If someone is too lazy or stupid to read basic forms and paperwork, or worse, accept advice from the government, then shame on them

The law-breakers and law-evaders make it much harder on people who play by the rules.

They deserve the ban. If he wants to live her so much, all he has to do is move his law-breaking ### to Japan.

I agree, though I think a 10-year ban is a tad harsh. In the article it stated that they went ahead with the wedding anyway because they didn't want to inconvenience people even though they didn't have the visa yet. Basically they made a monumentally stupid decision and I can't feel a whole lot of sympathy for them. I think the USCIS should reduce the ban to 3 years tho.

[akdiver 3]

Akdiver.....I believe you are way too harsh. These people might have been "ignorant", but had good intentions.

Oh screw good intentions. Most criminals have good intentions as far as they are concerned. "Well, really, I robbed that bank, but I had good intentions!! My goal was to get off welfare..."

Although they did make mistakes, the stupid system failed them too.

The only thing the system failed to do was to catch them and punish them sooner.

Just imagine having to be away from you SO and family for 10 years!

Hey, all he has to do is move to Japan. Problem solved. What's wrong with that?

Don't compare these people to individuals that blantently cross our borders everyday who know fully well they are breaking Unitied States Laws.

Oh, I don't. These people should be executed. As far as I am concerned, a mine field along our southern border would do wonders to put a stop to this problem.

However, there is no way that you can fill out the fiance visa form and not understand that the process is for single people, not married people. There is just no way!! Therefore, these people had to know they were breaking the law. 10 year ban. Next case?

Cheers!

AKDiver

Edited April 8, 2007 by akdiver

[akdiver 3]

The date for the wedding approached quickly, but the visa was still missing.The couple decided to go on with the ceremony anyway.

How is this NOT fraud?

1). They could have postponed the entire event but CHOSE not to do so because it would be "inconvenient".

2). They could have CHOSEN to have a ceremony without doing the legal paperwork to get married. Lord only knows why they did not choose this option.

3). They could have CHOSEN to re-file for an appropriate visa after getting married.

They had plenty of reasonable, viable options. What did they do? They CHOSE the route that (they thought) was most convenient and suitable for them, instead of following the law. They CHOSE to engage in a clear fraud. Kudos to USCIS.

Cheers!

AKDiver

Edited April 8, 2007 by akdiver

[Niels Bohr 72]

They broke a rule. USCIS is trying to be consistent with the law. No good deeds go unpunished or else laws means nothing.

I know better not to file for K-1 if I was going to get married.

[Fandango 1,439]

I see both sides of the coin. The couple was incredibly stupid to do what they did, the gov't is being harsh for a 10 year ban, but the husband is raising hell as if he had nothing to do with the circumstances which brought about this problem. "they're taking away my life over nothing'....no it's not nothing, it's entering on the wrong visa. Again, that doesn't make the 10 year ban appropriate, but to dismiss their most heinous error in judgement as the catalyst for all this is just stupid.

An important lesson to everyone which illustrates the absolute necessity to be fully educated and aware of the laws and regulations in dealing with your K-whatever case! Only you are responsible for the path you take....don't put it in someone else's hands by expecting to be spoon fed the 'right answers' Read, Read, READ! And not just here!

Edited April 11, 2007 by LisaD

[doc_cute 0]

if they wanted to get married

they should have dissolved the k-1 petition

i dunno were they not aware of breaking the law ??

the punishment - really very harsh