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Old 09-16-2011, 06:51 AM
 
47,525 posts, read 69,687,395 times
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Quote:
Originally Posted by IBMMuseum View Post
She's already back in her home country of Germany (as of August 30th), with her U.S. citizen husband...

I've been pulling all of the collective legs here, I actually think she should have the same chance at an I-601 as any other spouse of a U.S. citizen that needs it...

But I wanted to check if others would hold their stance...

It's an interesting contrast to see comments on the story Internet-wide...
You should have checked your ownself because as far as I can tell, you're the only one who changed his stance based on where this woman originated.

I'm glad the marriage didn't end because the couple is in the other's country, but often enough the marriage can only exist in the USA for some reason. Same goes for the chilldren, for some reason some parents only want their children if they can stay in the USA otherwise they dump them.
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Old 09-16-2011, 07:01 AM
 
Location: in a cabin overlooking the mountains
3,078 posts, read 4,374,791 times
Reputation: 2276
The only thing she did that was illegal was the initial entry with her husband when she overstayed the tourist visa. To their credit, they did try to make it right after she got the paroled status and have been spending money on applications and appeals.

Here is what I see as the real kicker in this situation:

Quote:
But what the officials did not mention is that after a first visa violation, it's very rare for the government to grant a green card. Federal law says that anyone who overstays a visa may not re-enter the country for at least three years.
You would think that with all the Russian brides coming in to marry Americans and those sham marriages, that the system would make an allowance for a genuine marriage. Evidently you can't start over without being willing to be separated for three years.

And especially if you compare with the German system, our system is pure lunacy. I don't blame the guy for being frustrated.
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Old 09-16-2011, 07:10 AM
 
47,525 posts, read 69,687,395 times
Reputation: 22474
Quote:
Originally Posted by FrugalYankee View Post
The only thing she did that was illegal was the initial entry with her husband when she overstayed the tourist visa. To their credit, they did try to make it right after she got the paroled status and have been spending money on applications and appeals.

Here is what I see as the real kicker in this situation:



You would think that with all the Russian brides coming in to marry Americans and those sham marriages, that the system would make an allowance for a genuine marriage. Evidently you can't start over without being willing to be separated for three years.

And especially if you compare with the German system, our system is pure lunacy. I don't blame the guy for being frustrated.
Yes, the fact that the couple met in another country does make it much less likely this is some sham green card marriage, and many illegals already living here can just look around and get themselves a US spouse and then be handed their legal status very easily - it makes you wonder why the difference in treatment.

Legal immigrants are expected to go through the legal process, and it has to be difficult for them to always believe they should check out the laws and abide by them, when millions of illegals simply come on over, demand an amnesty and are given it. Those who try to follow the laws are the only ones getting slapped around, those who are blatantly here illegally and marry after the fact or simply give birth to anchor babies get nicely rewarded.
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Old 09-16-2011, 07:29 AM
 
9,240 posts, read 8,666,331 times
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Yes the legal immigrants are abiding by our immigration laws and yet are not being rewarded like illegals. A legal immigrant fill out all the paper and pay all the fees and one incorrect thing on the application or paper work could get her deported. While an illegal can fraudulently make documents ID's & fake SS#'s and get release like Obama's uncle.

Where are the legal immigrants & organizations that need to stand up on this?
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Old 09-16-2011, 11:40 AM
 
Location: Jacurutu
5,299 posts, read 4,846,670 times
Reputation: 603
Quote:
Originally Posted by FrugalYankee View Post
The only thing she did that was illegal was the initial entry with her husband when she overstayed the tourist visa. To their credit, they did try to make it right after she got the paroled status and have been spending money on applications and appeals...
False, the Tourist Visa was obtained through "Misrepresentation", she doesn't qualify for it because marriage to a U.S. citizen means immigrant intent. I'm really surprised that they would be able to come through Customs without masking their relationship in some way. Why should his German wife be allowed to break a rule that my own wife had to follow, kept out of the United States for 18 months while I prepared for a fifth military deployment.

Why shouldn't they have to pay for applications and appeals? She probably wasn't authorized to work while on parolee status. After that 18 month wait my wife was admitted with a K-3 Visa (for the spouse of a U.S. citizen), but didn't have work authorization (the 'K' visas are regulated as "non-immigrant").

We even sent in an I-765 petition (with a fee) to try to make it so my wife could work before she gained her Legal Permanent Residency status. It was denied on the 88th day (an I-765 is mandated to be adjudicated 90 days from filing, unlike almost all other petitions) because they said I sent it to the wrong address (a month after I filed, USCIS changed the address, and didn't automatically forward our paperwork). They did forward our payment correctly through their system however, and we were told we could refile to the "correct address" if we wanted, with a new petition fee amount.

Dealing with USCIS is more primitive than playing Rock, Paper, Scissors...

It is more like wondering if they are going to pull their hands away before you can slap them...

She expected to be able to work while on parolee status, when I had to be the sole support of my family, until my wife could lawfully be allowed to work?...

Quote:
Originally Posted by FrugalYankee View Post
...Here is what I see as the real kicker in this situation:

You would think that with all the Russian brides coming in to marry Americans and those sham marriages, that the system would make an allowance for a genuine marriage. Evidently you can't start over without being willing to be separated for three years.

And especially if you compare with the German system, our system is pure lunacy. I don't blame the guy for being frustrated.
Shhhh!! If you complain the system is bad and you want to change it, you might get labeled as the "Open Border Lobby" around here. Those measures are put in place to protect Americans and their jobs.

I know of a Marine that was in Active Duty that had his wife get a lifetime ban from the United States for her being frustrated by the same process, why should we treat a veteran any differently?...

We let in over a million legal immigrants a year, what are you (and this guy) complaining about?...
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Old 09-16-2011, 12:03 PM
 
Location: Jacurutu
5,299 posts, read 4,846,670 times
Reputation: 603
Quote:
Originally Posted by malamute View Post
You should have checked your ownself because as far as I can tell, you're the only one who changed his stance based on where this woman originated.

I'm glad the marriage didn't end because the couple is in the other's country, but often enough the marriage can only exist in the USA for some reason. Same goes for the chilldren, for some reason some parents only want their children if they can stay in the USA otherwise they dump them.
Pulled your leg, I contrasted this case with what I have seen as a response on this forum...

I know of legitimate marriages and families broken up from the immigration process, very similar to this case. You might look upon them as always a fraud for ending up that way, but it was from a strain of the system you are not aware of (are you married or have been married?). For years I have said that you know a couple loves each other by the time they complete the immigration process to get into the United States.

You pass it off, perhaps even my relationship, as being for the "Green Card"...
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Old 09-16-2011, 12:06 PM
 
14,306 posts, read 13,316,367 times
Reputation: 2136
Quote:
Originally Posted by IBMMuseum View Post
False, the Tourist Visa was obtained through "Misrepresentation", she doesn't qualify for it because marriage to a U.S. citizen means immigrant intent. I'm really surprised that they would be able to come through Customs without masking their relationship in some way. Why should his German wife be allowed to break a rule that my own wife had to follow, kept out of the United States for 18 months while I prepared for a fifth military deployment.

Why shouldn't they have to pay for applications and appeals? She probably wasn't authorized to work while on parolee status. After that 18 month wait my wife was admitted with a K-3 Visa (for the spouse of a U.S. citizen), but didn't have work authorization (the 'K' visas are regulated as "non-immigrant").

We even sent in an I-765 petition (with a fee) to try to make it so my wife could work before she gained her Legal Permanent Residency status. It was denied on the 88th day (an I-765 is mandated to be adjudicated 90 days from filing, unlike almost all other petitions) because they said I sent it to the wrong address (a month after I filed, USCIS changed the address, and didn't automatically forward our paperwork). They did forward our payment correctly through their system however, and we were told we could refile to the "correct address" if we wanted, with a new petition fee amount.

Dealing with USCIS is more primitive than playing Rock, Paper, Scissors...

It is more like wondering if they are going to pull their hands away before you can slap them...

She expected to be able to work while on parolee status, when I had to be the sole support of my family, until my wife could lawfully be allowed to work?...



Shhhh!! If you complain the system is bad and you want to change it, you might get labeled as the "Open Border Lobby" around here. Those measures are put in place to protect Americans and their jobs.

I know of a Marine that was in Active Duty that had his wife get a lifetime ban from the United States for her being frustrated by the same process, why should we treat a veteran any differently?...

We let in over a million legal immigrants a year, what are you (and this guy) complaining about?...
Sarcasm duly noted. Well here is some sarcasm right back at ya. The German wife was allowed to break a rule while your wife wasn't allowed it because she is Mexican. Mexicans are always a victim of our unfair immigration policies but other ethnic/nationality groups are not.
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Old 09-16-2011, 12:31 PM
 
Location: Jacurutu
5,299 posts, read 4,846,670 times
Reputation: 603
Quote:
Originally Posted by chicagonut View Post
...Well here is some sarcasm right back at ya. The German wife was allowed to break a rule while your wife wasn't allowed it because she is Mexican. Mexicans are always a victim of our unfair immigration policies but other ethnic/nationality groups are not.
You see it as humor, where I do not. If the couple did not misrepresent themselves by trying to get her through a Port of Entry on a Tourist Visa, it means there is at least one Customs Officer not doing their job. Knowing there is a "Misrepresentation" and allowing it to pass is as bad as commiting the offense themselves.

There needs to be an investigation of that Port of Entry. How many others did they let through incorrectly? How dare you take our national security so lightly, especially prior to an anniversary of 9/11, where there could have been terrorists trying to sneak into the United States.
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Old 09-16-2011, 12:36 PM
 
Location: in a cabin overlooking the mountains
3,078 posts, read 4,374,791 times
Reputation: 2276
Quote:
Originally Posted by IBMMuseum View Post
False, the Tourist Visa was obtained through "Misrepresentation", she doesn't qualify for it because marriage to a U.S. citizen means immigrant intent. I'm really surprised that they would be able to come through Customs without masking their relationship in some way. Why should his German wife be allowed to break a rule that my own wife had to follow, kept out of the United States for 18 months while I prepared for a fifth military deployment.
I beg to differ. And I say this as someone who lived in Germany for many years, was married to a German, and we both traveled back and forth multiple times between Germany and the US during our marriage.

What "tourist visa?" The scrap of paper that Germans fill out on the airplane just before landing? As you well know, Germans do not need a visa to enter the US. For all customs knew, they were visiting. The generally don't give you much hassle (or at least they didn't used to back when I was married), the German spouse is even permitted to accompany the American in the lanes for US citizens when you enter. I didn't catch whether they did this or not, whether they had the same last name or not, let's assume they did and went through different lanes. All she has to do is say she is here with her husband and they will let her through, no questions asked. They also may have thought that they could get her a visa after arrival here, which if memory serves me correctly is not possible. She would have had to leave the country, cool her heels somewhere else and apply from outside the US and wait until it was approved.

OK they didn't do that, they realized their mistake and tried to right it with the appeals and fees. Didn't work.

Quote:
Originally Posted by IBMMuseum View Post
Why shouldn't they have to pay for applications and appeals? She probably wasn't authorized to work while on parolee status. After that 18 month wait my wife was admitted with a K-3 Visa (for the spouse of a U.S. citizen), but didn't have work authorization (the 'K' visas are regulated as "non-immigrant").
I never said they shouldn't. Hell I have an ex-stepson who thanks to his father is an American citizen by birth who grew up in Germany who wants to go to graduate school in the US. Problem is he never registered with the selective service and wants me to figure out if he is going to get arrested if he tries to enter the country. But that is another story!

Quote:
Originally Posted by IBMMuseum View Post
Shhhh!! If you complain the system is bad and you want to change it, you might get labeled as the "Open Border Lobby" around here. Those measures are put in place to protect Americans and their jobs.

I know of a Marine that was in Active Duty that had his wife get a lifetime ban from the United States for her being frustrated by the same process, why should we treat a veteran any differently?...

We let in over a million legal immigrants a year, what are you (and this guy) complaining about?...
Listen, I don't know the full story behind what you and your wife went through but I'll gladly believe that it was worse than a Kafka novel. And I'm not saying the system is bad, just that at times it does not make sense to me.
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Old 09-16-2011, 12:40 PM
 
14,306 posts, read 13,316,367 times
Reputation: 2136
Quote:
Originally Posted by IBMMuseum View Post
You see it as humor, where I do not. If the couple did not misrepresent themselves by trying to get her through a Port of Entry on a Tourist Visa, it means there is at least one Customs Officer not doing their job. Knowing there is a "Misrepresentation" and allowing it to pass is as bad as commiting the offense themselves.

There needs to be an investigation of that Port of Entry. How many others did they let through incorrectly? How dare you take our national security so lightly, especially prior to an anniversary of 9/11, where there could have been terrorists trying to sneak into the United States.
You were being sarcastic so I just threw it back at you. If you find it comedic that is your thing, not mine, and I no way implied that I take our national security lightly and you know that, so how dare you accuse me of that! Just pointing out your victim mentality for Mexicans only. Everyone needs to be checked before entering our country. How anyone can defend illegals who never got checked is beyond me.
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