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History/Goegraphy Lesson for Sugarpoof

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  • #61
    All applicants for a non immigrant visa are presumed to have immigrant intent. It is at the consulate more so than the POE where this must be disproved. For instance when you arrive at the POE you do not have to show ties to your home country the way you do during the visa interview at the embassy or consulate.

    If a person goes to the embassy and the has already entered on a K-3 such an entry would severely limit their ability to disprove said assumption about immigrant intent. THIS IS WHY I SAY IT SHOULD BE CONSIDERED AN IMMIGRANT VISA FOR INTENSIVE PURPOSES.


    SN,

    I really don't think your last statment was warranted:

    " Unless you have law revision authority, what you think is really irrelevant and a bit cavalier, in my opinion. It's irresponsible to inform members here that this is an immigrant visa, since it is very clearly not."

    Quite frankley I am disappointed with your tone especially in light of all of your "wounded soul" posts we have had to endure. I believe what I have to say is very important to the board. I merely asked you to back up your counter point, It did not warrant a personal attack. If you can not give a legitimate reason why it is cavalier or irresponsible to refer to the K-3 as an immigrant visa for all intensive purposes, then just stop posting. It is that simple, ok?

    Comment


    • #62
      Sugarpuff,

      That came off as a "pot calling the kettle black" statement, if ever I saw one. What personal attack? Your posts to other members have included claims that they are childish, inconsiderate, beligerant, immature and a range of epithets.

      As I read this conversation swissnut merely expressed that it is irresponsible to intentionally mislead people into believing that this visa is an immigrant visa type. What if it is a misnomer? Does that change anything?
      The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

      Comment


      • #63
        YOU:
        As I read this conversation swissnut merely expressed that it is irresponsible to intentionally mislead people into believing that this visa is an immigrant visa type. What if it is a misnomer? Does that change anything?

        You say it is irresponsible to mislead and then apparantly agree with my assertation that the K-3 is a misnomer.

        I think NOT identifiying the K-3 for what it is: an immigrant visa titled a non immigrant visa is what is irresponsible.

        Maybe we have different definitions of irresponsible advising. My definition includes not informing people of possible consequences associated with terms that may lead to an in correct assumption. In this case it would be something like " since the K-3 is a non immigrant visa, I can use it, and if I don't file for PR, I can always leave and then come back to the U.S. on another non immigrant visa like a B-1/B2."

        What does your definition of irresponsible advising include?

        Comment


        • #64
          Let me see if I get this straight. Are you saying that a K1 or a K3 who does not complete AOS and abandons PR or doesn't ever begin the PR process and abides by the expiration date of the I-94, cannot ever enter the USA as a tourist in the future?
          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

          Comment


          • #65
            Yes, and I say that as word of lore, not law.

            Have you ever heard from someone who was denied a visa because they had an "intent to immigrate"? I have. They are told things such as "maybe if you had a husband" or "you don't own any property here (never mind the applicant may only be 18) or simply "you ain't comming back". Then, as the law says, they are given in writing the reason for denial. What does this paper say? It says denied based on an intent to immigrate. NOTHING MORE SPECIFIC.

            An officer is looking for reasons to deny because it is their job to assume the applicant HAS AN INTENT TO IMMIGRATE. If you don't think a past, or current engagement or marriage to a USC combinded with a previous entry on a K is reason enough then you are dreaming.

            If you tell someone they have nothing to worry about as far getting a visitor visa in the future after such an entry (even if no PR paperwork at all was filed) then you are also being irresponisible and cavalier with regard to the advice you are giving out.

            Comment


            • #66
              Odd, I don't recall ever telling anyone they "have nothing to worry about" in so far as immigration is concerned.

              I wouldn't make a sweeping statement when it comes to consular or immigration processing. Why? For one, I don't know what particulars there are in an individual case that could be problematic. And even if I did know all the details I can hardly offer a guarantee when some stages of the process are directly influenced by impressions and the discretion of a CO and/or a POE inspector.

              Neither can you, my friend - and that applies to both the affirmative and negative!

              If an alien has been the beneficiary of a K visa in the past that was later abandoned, then the onus is on him/her to satisfactorily overcome the immigrant intent if planning to use a tourist visa in the future. Immigrant intent is not the plague - only immigrant intent while bearing a visa of an alternate type.

              In such a situation, establishing sufficient ties to one's homeland can satisfy a CO. Having abided by the departure date on a K in the past also demonstrates that violating immigration procedure was evidently not necessarily foremost in the alien's mind. If it had been, why bother with the K in the first place? Or, why bother to return?

              My opinion is that if an alien is in a situation like this with an aborted K, improving the chance of success in getting a tourist visa involves being more thorough and complete in making one's case.
              The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

              Comment


              • #67
                It sounds to me like you have only rarely if ever, spoken to anyone who was denied for immigrant intent. It also sounds like you are resorting to the most extreme example you can conjure up in order to justifiy your position.

                I mean a K-3, who NEVER files anything not even an I-130 and then dutifully exits before the visa expires?? come on.

                Being denied for immigrant intent is very much a plague. It is like a virus that GOES ON AND STAYS ON your record. Do you really think a consular officer in Calcutta who sees maybe 20 people an hour want to "weigh all the evidence?" or is he looking for a reason to say "next!"

                The fact that your too naive to recognize this is almost laugable, except for the fact that I am afraid you actually do counsel aliens.

                Comment


                • #68
                  Do you have a comprehension problem? I said immigrant intent is not the plague unless one is entering the country on an alternative visa - i.e. a tourist visa. K non-immigrant visa are OK to have immigrant intent, of course.

                  It's amazing how you simply criticize other members that don't share your views.
                  The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                  Comment


                  • #69
                    Come on S & S; you guys are butting heads too hard. You are both intelligent and have much to offer. Please don't get into a cat fight.

                    Comment


                    • #70
                      swissnut: I don't view you as unimportant. You do say some interesting things, you are not rude, and you write well. You make sense. You must be bright - you have no comprehension problems.



                      Comment


                      • #71
                        I apologize if what I said was too harsh....we all have our flaws. Mine happen to include being a condesending, hardnosed, angry, ****.

                        I have the ability to help people with their problems and I don't have many other abilities. SO GET OFF MY BACK.

                        opps there I go again

                        Comment


                        • #72
                          and I don't use spell check

                          Comment


                          • #73
                            Thank you for a most eliquent response Samuel

                            Comment


                            • #74
                              hmm hmm, uh uhh, Da yah go in yo face

                              Comment


                              • #75
                                No matter which way you try to slice it, the K3 as a non-immigrant visa. It sounds like Sammy and Suparpuff are both confounding status and visa.
                                The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                                Comment

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