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  • Family Ties

    I am puzzled. I am a LPR and i have worked and paid my taxes for three years. I got married to my Childhood sweetheart last year and i am told she needs to wait for an immigrant visa number for about five years? Well, to make matters worse, getting a Visa to come over is next to impossible! What exactly is the purpose of this law? Is it to make LPR's marry within the U.S or is it to Spite LPR's by showing them how they are held in contempt? If you are here illegally you are humilated and hunted down. If you are here legally you are frustrated when you want to bring your spouse or Children from abroad.

  • #2
    I am puzzled. I am a LPR and i have worked and paid my taxes for three years. I got married to my Childhood sweetheart last year and i am told she needs to wait for an immigrant visa number for about five years? Well, to make matters worse, getting a Visa to come over is next to impossible! What exactly is the purpose of this law? Is it to make LPR's marry within the U.S or is it to Spite LPR's by showing them how they are held in contempt? If you are here illegally you are humilated and hunted down. If you are here legally you are frustrated when you want to bring your spouse or Children from abroad.

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    • #3
      There are a limited number of immigrant visas available for spouses and children of LPR's - this level was set by Congress. The demand has caused overbooking, so to speak and thus there is a long wait for a slot to be available.
      As far as the alien spouse getting a tourist visa, well the embassy has to be convinced that the alien spouse will depart the US after a brief visit and not try to find some way to stay in the US while waiting for a visa. This is no easy task.
      That is why many such spouses have difficulties - after all, why would many go back to some developing nation instead of finding a way to stay in the US?
      Until Congress establishes different limits, that is life. An LPR is NOT a US citizen.

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      • #4
        Thanks for the information but just out of curiousity what made you think that my wife is from a developing Country? She is actually British but i sense a condecending tone in your reference to people from developing Countries. As for an LPR not been a U.S citizen, i appreciate that but if LPR's are at the bottom of human existence who should not enjoy the luxury of having a family, why make them pay taxes?

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        • #5
          If you don't like your status here, go back to where you came from. It's elementary logic. Of course, those born in the USA should have first preference over immigrants. After all, what other country offers such liberal immigration? Or do you think that England is more liberal?

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          • #6
            To Curious: I did not state that I thought your spouse was from a developing nation; I was speaking about those spouses who might be from one and therefore have a tougher time convincing the embassy that there were compelling reasons to leave the US rather than stay with their LPR spouse. If a country was having big problems or there was a lack of opporunity there, well, it might be really hard to get a visa. That is all I said (or meant); there was no intent to belittle or condescend to anyone - my apologies if you thought so.
            If your wife is British, she should be able to use the visa waiver to visit unless that privilege has been taken away from her for some reason. If it has been taken away, it will likely make getting a tourist visa more difficult.
            The real problem is the lack of available immigrant visas in the category of spouse/child of an LPR - true, there is the "V" visa as some kind of stop-gap measure, but that only helps those who have been waiting for 3 years after petition approval. Only Congress can change this situation.

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            • #7
              Curious:

              many people on this board understand your pain and are ready to help as you can see from most of the postings. Just ignore those who enjoy your suffering.

              In addition to waiting for the visa quota or your becoming a citizen, your wife can try to find a job in the US so she can come on H-1 visa. This is the best approach. Given the economy it's not easy but you are here and can certianly help. H-1 visa holder can have dual intention.

              Alternatively, she can apply to schools here and come on F-1 visa. However, since F-1 visa cannot have dual intention, the chance it gets declined is very high. Getting accepted at a well-known school for an advanced degree would add credibility that she's serious about studying.

              Of course, I'm not advising you to commit fraud, if she does get an H-1 or F-1, she should have every purpose to work or study full-time and do that. Life changes and people adapt. Who knows maybe a few years down the road she'd make a lot more money than you do precisely because this situation forces her to take these steps.

              Comment


              • #8
                Curious, I am in the same position you are in, except my spouse is from a non-waiver country (3rd world if you like). Guest1 is correct in saying that makes it a lot harder for us. If my spouse was from a rich country, I am sure we would be together now.
                The best option we have is to wait 'till I can get US citizenship. I have been LPR for 4 years, so I can apply next year. Processing could take up to 1 year, though INS is reducing this wait.
                My lawyer suggested filing I130 now, so it would be ready for change of status to "immediate relative" with no quota, as soon as I become a USC. Catch is Nebraska service centre has stopped processing I130s for non immediate relatives, on the assumption that as they have to wait for years, why waste time that could be spent on USC's spouses who still take up to 1 year to process. This could add another year to our separation.
                As Karl says, an H1B visa will allow "dual intent", that is a temporary visa for someone intending to migrate permanently. Almost all other visas, including tourist, are not available to intending immigrants.
                It seems that spouses can come to visit for a few months on visa waivers, but that option is not open to us.
                Otherwise, welcome to the wait. Before September last year there was some hope of Congress extending the V visa to cut out the wait altogether. (To get a V visa now you had to have applied before Dec. 2000 and have waited at least 3 years). As USANY says, we can return to our original country and wait there. This is not always as easy as it sounds, and in most cases the US economy would suffer from the loss of our skilled labour.

                Comment


                • #9
                  My apologies to Guest1 for misunderstanding your intent. I appreciate your magnanimity. My appreciation goes to Karl and Kent for their views and encouragement. As for the ignorant USANY i guess your depraved upbringing as dimmed your reasoning and i do not think it is proper to decend to the gutter you crawled out off. Common sense dictates that this site is for people with immgration issues but obviously "common sense is not common among common people" I rest my case.

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