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Old 09-16-2011, 03:15 PM
 
Location: Jacurutu
5,302 posts, read 4,010,077 times
Reputation: 601

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Quote:
Originally Posted by tinman01 View Post
Who said she should be able to do so?
Where´s any reaction to misrepresentation under immigration law on this forum? It´s on the form instructions, someone just can´t fill out an application for a Tourist Visa and lie about their marriage to a U.S. citizen. ¨FrugalYankee¨ attributes this behavior being commonplace for certain country nationals (Yes, Germany is a Visa Waiver Program country, but you are required to have an appropriate visa if you are outside the terms of the VWP, namely marriage to a U.S. citizen and attempting to immigrate).

Illegal is illegal!...
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Old 09-16-2011, 03:18 PM
 
Location: Pa
20,310 posts, read 18,881,481 times
Reputation: 6517
Quote:
Originally Posted by IBMMuseum View Post
Where´s any reaction to misrepresentation under immigration law on this forum? It´s on the form instructions, someone just can´t fill out an application for a Tourist Visa and lie about their marriage to a U.S. citizen. ¨FrugalYankee¨ attributes this behavior being commonplace for certain country nationals (Yes, Germany is a Visa Waiver Program country, but you are required to have an appropriate visa if you are outside the terms of the VWP, namely marriage to a U.S. citizen and attempting to immigrate).

Illegal is illegal!...
I agree completely.... 100%
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Old 09-16-2011, 03:35 PM
 
14,307 posts, read 11,146,155 times
Reputation: 2130
Quote:
Originally Posted by IBMMuseum View Post
Where´s any reaction to misrepresentation under immigration law on this forum? It´s on the form instructions, someone just can´t fill out an application for a Tourist Visa and lie about their marriage to a U.S. citizen. ¨FrugalYankee¨ attributes this behavior being commonplace for certain country nationals (Yes, Germany is a Visa Waiver Program country, but you are required to have an appropriate visa if you are outside the terms of the VWP, namely marriage to a U.S. citizen and attempting to immigrate).

Illegal is illegal!...
My reaction was that I posted that she deserves no special treatment/consideraton anymore than anyone else who didn't do things the right way and she should and did pay the consquences. What else do you want?

Are we finally getting to the reason why you are an illegal alien sympathizer because of the difficulties you encountered with your family trying to come here legally? I mean that is kind of a stretch, isn't it? My advice would be to get that chip off your shoulder and move on.

Yes, illegal is illegal. Please try to remember that for the future. Mexicans and other illegals need to return to their homelands, not be given a pass for not following the rules.
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Old 09-16-2011, 03:47 PM
 
Location: Pa
20,310 posts, read 18,881,481 times
Reputation: 6517
Quote:
Originally Posted by chicagonut View Post
My reaction was that I posted that she deserves no special treatment/consideraton anymore than anyone else who didn't do things the right way and she should and did pay the consquences. What else do you want?

Are we finally getting to the reason why you are an illegal alien sympathizer because of the difficulties you encountered with your family trying to come here legally? I mean that is kind of a stretch, isn't it? My advice would be to get that chip off your shoulder and move on.

Yes, illegal is illegal. Please try to remember that for the future. Mexicans and other illegals need to return to their homelands, not be given a pass for not following the rules.
No Chicago it is not a stretch. Imagine you love a foreign national. You get married. You follow the directions given you and then you must live apart for 18 months. I waited 6 months and it was torture. Not because you cheated or violated any rules intenionally but because you did as they advised. The system sucks. Its redundant and bogged down with needless paper work and stupid ignorant civil service workers. UN duty showed me a side of our state department that is apalling. Self important political appointee's whose sole purpose is to justify their own existance. It is frustrating and even I can see why some throw in the towel and just cheat. my path wasn't as hard as some . But it was torturous. Now with my step daughter I face a very difficult battle because we waited too long. We thought it better if she complete her college education first. As if some how you can love a child less because they are 22 instead of 18. As the pro side has stated some of the laws are not just stupid but wrong.
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Old 09-16-2011, 04:06 PM
 
Location: Jacurutu
5,302 posts, read 4,010,077 times
Reputation: 601
Quote:
Originally Posted by FrugalYankee View Post
...And I can't figure out who is saying that Germans can misrepresent a marriage. Immigration officials do NOT routinely ask visitors if they are married to an American if they use the non-US citizen lanes. And if you come in using the US citizen lane, the officials say "welcome home" to the American. Possibly they asked her what the purpose of her visit was and she answered "visiting." You're familiar with the I-94 right?
http://www.immihelp.com/visas/sample-i94w-form.pdf
It doesn't ask for marital status nor does it ask for purpose of the visit. All it does it get you into the US for 90 days...
Ignorance of the Visa Waiver Program terms does not excuse violating immigration law. This case concerns me more, because the wife had a Tourist Visa (in other words, the Customs officer would have recognized she wasn't entering through the VWP, but still let them pass) to come here. The processing officials could have seen every indication that she was attempting to incorrectly immigrate to the United States, but they did nothing to stop her.

Quote:
Originally Posted by FrugalYankee View Post
...And as an aside, Florida gets a good chunk of money from German tourists, so immigration is not likely to be hostile - heck whole planeloads full of Germans descend on Florida...
As an aside, Florida also had some of the 9/11 hijackers, from where they lived before in Germany, take flight school training there (a very hostile end result). All the more reason to watch a known travel pattern of large numbers (which is also not truly "immigration") that is seemingly innocuous. Especially when Customs officers have people go though a Port of Entry misrepresenting who they are, and their intentions.

Quote:
Originally Posted by FrugalYankee View Post
...The point is they tried to make it right and didn't try to evade the law...
I beg to differ, the process for a Tourist Visa (with requirements and questions about when the person is going to return to their home country, you need to have a paid return ticket back) really checks if someone is actually a tourist. There would have been so many points that they would have seen it wasn't an appropriate visa type. You would have to be deceptive to Consular staff at every step.

Quote:
Originally Posted by FrugalYankee View Post
...What do you mean no consequences? They are out thousands of dollars, he sold his house, they are gone and now he gets to try to bring his sick brother to Germany. Good luck with that!
Immigration laws are for a reason, but I was referring to you saying it is a common pratice for the other Foreign National spouses of U.S. citizens to misrepresent themselves at U.S. Port of Entries...

They need to stop expecting to be treated like U.S. citizens, and get in their own lines...
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Old 09-16-2011, 04:10 PM
 
Location: in a cabin overlooking the mountains
3,079 posts, read 3,574,532 times
Reputation: 2247
Quote:
Originally Posted by IBMMuseum View Post
Where´s any reaction to misrepresentation under immigration law on this forum? It´s on the form instructions, someone just can´t fill out an application for a Tourist Visa and lie about their marriage to a U.S. citizen. ¨FrugalYankee¨ attributes this behavior being commonplace for certain country nationals (Yes, Germany is a Visa Waiver Program country, but you are required to have an appropriate visa if you are outside the terms of the VWP, namely marriage to a U.S. citizen and attempting to immigrate).

Illegal is illegal!...
I have sympathy for what you and your wife went through, I really do. But that is no reason to try to make me out to be someone who says that someone can do something illegally to try to enter this country.

If you are trying to stick these word in my mouth:
Quote:
We have a forum member saying that German spouses of U.S. citizens are able to misrepresent their marriage to come to the United States, thus violating U.S. immigration law.
then let me be very clear: I never said any such thing.
And I don't appreciate you trying to put words in my mouth.

I'll say it one last time:
There is NO place to fill out marital status on the form (LOOK at the I-94 I posted) and immigration doesn't ask "Oh by the way, are you married to a US citizen?" So there is NO WAY TO "MISREPRESENT" A MARRIAGE TO A US CITIZEN UPON ENTRY as you are claiming.

Your statement here :
Quote:
"required to have an appropriate visa if you are outside the terms of the VWP, namely marriage to a U.S. citizen and attempting to immigrate"
is just plain incorrect. There is no law against entering the country lawfully and later getting the K3. She entered lawfully, ie she did not sneak across the border.

She was therefore NOT required to have the immigrant visa upon entry even if her intent was to remain here indefinitely as you should well know. They were perfectly within their rights trying to get her a K3 visa after her arrival. So no one did anything illegal or suspicious upon her first entry - neither her, her spouse, nor the immigration officials.

And you do know that return tickets from Germany to the US and back are cheaper than one-way tickets yes? So more than likely she had one, because it would have been cheaper than buying a one way ticket.

Their error was not getting her the K3 within the 90 days that she was legally allowed to be here.

OK I'm done here. I had sympathy for you until now, but obivously you are not that familiar with the law, angry over what happened to you and your wife and have decided to take it out on me.

I agree with a previous poster - maybe it's you.
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Old 09-16-2011, 04:19 PM
 
Location: Jacurutu
5,302 posts, read 4,010,077 times
Reputation: 601
Quote:
Originally Posted by chicagonut View Post
...Mexicans and other illegals need to return to their homelands, not be given a pass for not following the rules.
I will remember that "for the future"...
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Old 09-16-2011, 04:22 PM
 
14,307 posts, read 11,146,155 times
Reputation: 2130
Quote:
Originally Posted by tinman01 View Post
No Chicago it is not a stretch. Imagine you love a foreign national. You get married. You follow the directions given you and then you must live apart for 18 months. I waited 6 months and it was torture. Not because you cheated or violated any rules intenionally but because you did as they advised. The system sucks. Its redundant and bogged down with needless paper work and stupid ignorant civil service workers. UN duty showed me a side of our state department that is apalling. Self important political appointee's whose sole purpose is to justify their own existance. It is frustrating and even I can see why some throw in the towel and just cheat. my path wasn't as hard as some . But it was torturous. Now with my step daughter I face a very difficult battle because we waited too long. We thought it better if she complete her college education first. As if some how you can love a child less because they are 22 instead of 18. As the pro side has stated some of the laws are not just stupid but wrong.
Well, we will have to agree to disagree on this one then. I would still never advocate for illegal immigration because of the difficulties of legal immigration, especially knowing the hardships that illegal immigration places on our own citizens. Your difficulties did not turn you into an illegal alien advocate so not sure why you think that isn't a stretch.

I certainly wouldn't hang out in forums with a bunch of brown supremists who think that white people are here illegally in their own country, or that white Americans or anyone else who wants enforcement of our immigration laws and not amnesty are racists or thinks that Mexico still owns the southwest just because my family had some difficulties with legal immigration, either. But I guess that's just me. To each his own, I guess.

Last edited by chicagonut; 09-16-2011 at 04:35 PM..
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Old 09-16-2011, 04:45 PM
 
Location: Jacurutu
5,302 posts, read 4,010,077 times
Reputation: 601
Quote:
Originally Posted by FrugalYankee View Post
...There is no law against entering the country lawfully and later getting the K3. She entered lawfully, ie she did not sneak across the border.

She was therefore NOT required to have the immigrant visa upon entry even if her intent was to remain here indefinitely as you should well know. They were perfectly within their rights trying to get her a K3 visa after her arrival. So no one did anything illegal or suspicious upon her first entry - neither her, her spouse, nor the immigration officials.

And you do know that return tickets from Germany to the US and back are cheaper than one-way tickets yes? So more than likely she had one, because it would have been cheaper than buying a one way ticket.

Their error was not getting her the K3 within the 90 days that she was legally allowed to be here.

OK I'm done here. I had sympathy for you until now, but obivously you are not that familiar with the law, angry over what happened to you and your wife and have decided to take it out on me.

I agree with a previous poster - maybe it's you.
You do understand that a K-3 cannot be processed from within the United States? There is also an understanding that to file a K-3 (which you mix up with the K-1 terms somehow), you must have already filed an I-130 for an Immigrant Visa? As well as an understanding that the spouse of a U.S. citizen cannot lawfully apply for a Tourist Visa to enter the United States?

Marriage to a U.S. citizen is interpreted as "immigrant intent". Immigrant intent when trying to process for a Tourist Visa (defined in immigration law as "non-immigrant") is thus "Misrepresentation". Of all people, this forum, especially with spouses of immigrants, should not need immigration law spelled out to them.

She did not enter the United States lawfully, as it was not the appropriate visa for her to do so...

You are speculating on her plane ticket, it is just as easy to say that their intent was fraud all along if she indeed had a return ticket...

Are you saying (I have to ask) that she did not need to have an Immigrant Visa for their intentions to immigrate her to the United States?...

You are welcome to discuss any of the above issues as to whether it is I or you that doesn't understand the immigration laws of the United States...
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Old 09-16-2011, 06:51 PM
 
Location: in a cabin overlooking the mountains
3,079 posts, read 3,574,532 times
Reputation: 2247
Quote:
Originally Posted by IBMMuseum View Post
You are welcome to discuss any of the above issues as to whether it is I or you that doesn't understand the immigration laws of the United States...
Your success rate speaks for itself.

As for the rest of your post there is so much factually incorrect information it would be a waste of my time to respond.
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