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by aikinai 200 days ago
Yes, exactly. Your legal options are to either remain separated for one or two years while you wait, or the American can immigrate to the spouse’s country and wait there (since almost every other country is easier to immigrate to).

It's an inhumane system, but as someone heavily impacted by US immigration policy, I'd much prefer they enforce the laws evenly and then fix them where they're broken rather than disadvantaging everyone going through the legal process while those that cheat get to jump ahead.

2 comments

> I'd much prefer they enforce the laws evenly and then fix them where they're broken rather than disadvantaging everyone going through the legal process while those that cheat get to jump ahead.

That is incredibly optimistic to believe that any legislation reforming immigration will be passed in the next decade.

There is a reason ICE was neutralized until now. Life is short. We don't have time for congress to play politics while Americans and their spouses suffer. Let people live their lives.

Maybe I'm too stiff, but even if they don't get around to updating the laws, I'd still prefer they enforce the ones that exist so it's clear, fair, and safe. And so upstanding citizens aren't spending years separated from their spouses while they keep getting skipped by people willing to cheat the system.

It's not even a law that results in the years-long wait; it's just because the system is clogged up with other junk and understaffed. As other's have mentioned; there's no formal waiting for citizen spouses—it's supposed to be immediate—it's just that they don't even get to look at your application for years.

What would be your definition of “upstanding citizens”.

I’ve found that people tend to respond as you have until the laws impact themselves or their friends. Then it’s very much a case of - I didn’t think this applied to us…

People following the actual immigration law, like I did. This very much impacts me and has determined my family's country of residence for many years. The process is horrible, but we still aren't cheating and I don't appreciate being skipped by people that are cheating.
I've spent hours on immigrations forums trying to understand the law and have filed many US Federal forms (and have mad mistakes) taken years to get action done while following the law.

It really feels like a slap in the face to the people who do the "right thing" to allow others to be allowed in freely not following the law.

Fix the issues first.

As somebody also directly impacted by the US immigration system, yes please do enforce the laws on the books universally and impartially.

Immigration reform will happen, but regardless no queue cutting.

Yeah, we married in California but then left when my wife finished her Ph.D. and used up her optional practical training period on her student visa. After about four years of being an expat, I realized it wasn't for me and we started planning a return.

So, we filed the spousal petition with USCIS overseas. It was a lot of paperwork, interviews for her, and some process delays. Eventually she got her immigrant visa issued. Upon arrival in the US on that visa, it was endorsed to reflect immigration status.

This was about fifteen years ago, and as I recall the process delays were pretty much as advertised at the time. We were able to time our filing so that the visa was issued around when she would be ready to relocate.

Most of the time we spent apart was due to our conflicting career opportunities and obligations. I think the petition could have been pipelined better if I'd been willing to stick with my expat job until she also wrapped up her work there.