Fraudulent entry can only happen on entry. If they had no intent to be married on entry, then there's no fraud on entry, and therefore it doesn't apply.
The timeline is:
1. Foreigner is married to or intends to marry a US citizen and live in the US (they know this; the government doesn't). 2. Foreigner enters the US with the assertion they have no intent to immigrate (they know this is false; US doesn't). 3. Couple applies for change of status to immigrate → This reveals the foreigner's original intent to immigrate even at the time of entry (the US now knows the entry was fraudulent)
I'm not defending the law; I believe it's haphazard and inhumane. Why do you get to apply while together inside the US only if you decided to marry and immigrate after entering the US, but if the foreigner is outside the US at the time you make the decision, you're now locked out for years? But that is what it is, and these people are getting burned trying to skirt the law.
And it is definitely possible to have entered without an intent to marry. The day the woman I married entered the US she did not know of my existence. We met here.
If you are already married, then you enter the country with an assertion that you have no intent to immigrate, then you soon after apply to immigrate, chances you were not lying are vanishingly slim.
Yes, if you meet after you enter the country, then that doesn't apply to you. That's exactly when it is appropriate to apply from inside the country and stay while your application is pending. That's not what these couples are doing.
> Its algorithmic ranking system, which weights recent votes more heavily to counter brigading and promote fresh, high-signal content, combined with editorial moderation to curb low-quality or off-topic posts, has cultivated a reputation for rigorous debate, though not without internal tensions over shifting cultural norms, perceived negativity in comments, and debates on whether business-oriented stories overshadow pure technical discourse
What surprises is not the fact that it exists. Elon is a man with a fragile ego and a history of cheap stunts like this. It’s the fact that he still has almost cult-like base that treats him as some kind of mankind's savior despite all of this.
[1]: https://grokipedia.com/page/Hacker_News [2]: https://en.wikipedia.org/wiki/Hacker_News
The only options are to be lucky enough to have decided to get married and immigrate after you were already in the US, or to do the application from overseas.
Edit: And now browsing the latest on this thread, it seems all the commenters here who have actually filed petitions agree—the law should be enforced evenly.
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…
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.
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.
It sucks but once you know it, it would be like thinking you can just leave your wallet sitting on a counter.