alt Hacker NewsLooks like this means if a US Citizen marries someone who visited on a non-immigrant visa without the intention of getting married, the US government will now force the family apart for an unknown amount of time, potentially forever, instead of allowing the spouse to stay while the I-485 is processed.
I wonder how this would work with a K-1 "Fiancé" Visa. Typically a K-1 holder can enter the country as long as they get married within 90 days, and then the family stays together while the I-485 is processed. Now what? Come to the USA, marry the US Citizen, and then you're banished back to your home country?
There's also the K-3 which lets the foreign spouse enter as a non-immigrant to keep the family together while the I-485 is processed. Are they getting rid of that entirely?
This is all totally bonkers, likely not well thought out, and pretty cruel to families, which is completely on-point for this Administration.
Replies
I wonder how this would have applied to Melania
The reason why you allow married people to adjust status is because it's absurd to actually expect a spouse not to just break the law and harbor their illegal immigrant spouse. They are going to choose to break the law rather than kick their spouse out and have them apply from overseas. Maybe they deserve to be punished when inevitably that happens en masse, but one has to consider the societal effects of creating a bunch of criminals over what amounts to an administrative fuck-fuck game over a spouse who was already determined to be admissible to the US.
I responded similarly in another article. This policy punishes American citizens who pursue relationships with people they met in USA who were foreign born. At a time when marriage rates are rapidly declining.
FWIW K1s were never a great visa category. Doing an engagement party with a white dress and posting it on instagram could lead to a "go apply for CR1 instead" rejection.
I think if you enter on a B1/B2 tourist visa, you should not be allowed to adjust status to a green card except in extraordinary circumstances. I’m not so sure about other non-immigrant visas.
K1 will obviously be an exception as substantial steps are generally taken at a home consulate.
> likely not well thought out
Or it has been, and cruelty is the point