Stop separating US citizens from their non-US family members


Stop separating US citizens from their non-US family members
The Issue
It's been more than three months since my wife has been home with her family in the United States. It will be another (estimated) five to six months before she will be allowed due to the amount of paperwork backed up at USCIS.
My name is Chris and I am a US Citizen married to a Canadian Citizen for the past six years. My wife and I met online over seven years ago and didn't think much of my wife immigrating, since she traveled back and forth so much as a visitor due to her mother's health. Then, three months ago, she unintentionally overstayed her visitor visa by a month (a common occurrence) and was denied entry until she acquired an immigrant visa - even though she has no current desire or need to work or go to school here.
Now she is on the path to legal immigration but it is a long road, even for the spouse of a US Citizen. When it is done in this manner (outside of the US, in a non-Visa Waiver Program country), it is very difficult for the family member to enter the US as a visitor for the time of the processing, which is usually projected to take at least six months. That family member has to prove they are not intending to abandon their home abroad, which can be hard to prove and is at the discretion of the officer or agent in charge of their entry/application. I have personally spoken to Customs and Border Patrol and was told they would NEVER let someone who had a pending I-130 (petition to immigrate) into the US as a non-immigrant.
Because of the forced separation, we both have experienced adverse physical and mental side effects due to stress. This is wholly and completely unnecessary and only due to laws made in 1952 - a time when the Cold War was new and Communism was the enemy. There also wasn't this thing called the Internet where people could meet and fall in love like we did.
I could move to be with her (Canada would allow me to stay there even while applying for permanent residency there), but we have a house here and I have a daughter from a previous marriage who needs me. I can't say it isn't tempting though, and would be especially ironic as I'm a STEM worker which means our own immigration laws would cause a US Citizen to leave and likely result in an immigrant taking my place.
I created this petition to call upon President Obama to issue an Executive Order to the Department of Homeland Security and Customs and Border Patrol, allowing temporary reprieve, in the form of non-immigrant visitor visas, to the immediate family members of US Citizens who are currently petitioning to become permanent residents. These visas should be similar to those allowed under the Visa Waiver Plan, which do not allow for a change of status during the visit. Preferably, based upon the type of IR visa applied for, the visa should be valid for the duration of the processing (in cases where there is no "priority date"). Allow these families the ability to simply be together, which is the only thing that most of them want.
Please keep in mind that the family members would still have to meet visitor visa requirements - especially regarding criminal background and income.
If my wife never met me, she would be allowed into this country as a visitor. So how does her knowing me and having the tie to a US Citizen make her any more of a threat to this country than before? I'm not asking for anyone's permanent residence to be fast tracked, I'm only asking that those who are going about things legally be allowed to visit as would any other foreign national who did not have such ties.
Even if there are enough people to sign this petition that it reaches the desk of President Obama or anyone who has enough power to change this, that change will likely be too late to make a difference for my wife, or she may not allowed because of her previous overstay. That's ok, I don't think anyone else should have to go through this. It's an avoidable and unnecessary pain that common sense and compassion should be able to address.

The Issue
It's been more than three months since my wife has been home with her family in the United States. It will be another (estimated) five to six months before she will be allowed due to the amount of paperwork backed up at USCIS.
My name is Chris and I am a US Citizen married to a Canadian Citizen for the past six years. My wife and I met online over seven years ago and didn't think much of my wife immigrating, since she traveled back and forth so much as a visitor due to her mother's health. Then, three months ago, she unintentionally overstayed her visitor visa by a month (a common occurrence) and was denied entry until she acquired an immigrant visa - even though she has no current desire or need to work or go to school here.
Now she is on the path to legal immigration but it is a long road, even for the spouse of a US Citizen. When it is done in this manner (outside of the US, in a non-Visa Waiver Program country), it is very difficult for the family member to enter the US as a visitor for the time of the processing, which is usually projected to take at least six months. That family member has to prove they are not intending to abandon their home abroad, which can be hard to prove and is at the discretion of the officer or agent in charge of their entry/application. I have personally spoken to Customs and Border Patrol and was told they would NEVER let someone who had a pending I-130 (petition to immigrate) into the US as a non-immigrant.
Because of the forced separation, we both have experienced adverse physical and mental side effects due to stress. This is wholly and completely unnecessary and only due to laws made in 1952 - a time when the Cold War was new and Communism was the enemy. There also wasn't this thing called the Internet where people could meet and fall in love like we did.
I could move to be with her (Canada would allow me to stay there even while applying for permanent residency there), but we have a house here and I have a daughter from a previous marriage who needs me. I can't say it isn't tempting though, and would be especially ironic as I'm a STEM worker which means our own immigration laws would cause a US Citizen to leave and likely result in an immigrant taking my place.
I created this petition to call upon President Obama to issue an Executive Order to the Department of Homeland Security and Customs and Border Patrol, allowing temporary reprieve, in the form of non-immigrant visitor visas, to the immediate family members of US Citizens who are currently petitioning to become permanent residents. These visas should be similar to those allowed under the Visa Waiver Plan, which do not allow for a change of status during the visit. Preferably, based upon the type of IR visa applied for, the visa should be valid for the duration of the processing (in cases where there is no "priority date"). Allow these families the ability to simply be together, which is the only thing that most of them want.
Please keep in mind that the family members would still have to meet visitor visa requirements - especially regarding criminal background and income.
If my wife never met me, she would be allowed into this country as a visitor. So how does her knowing me and having the tie to a US Citizen make her any more of a threat to this country than before? I'm not asking for anyone's permanent residence to be fast tracked, I'm only asking that those who are going about things legally be allowed to visit as would any other foreign national who did not have such ties.
Even if there are enough people to sign this petition that it reaches the desk of President Obama or anyone who has enough power to change this, that change will likely be too late to make a difference for my wife, or she may not allowed because of her previous overstay. That's ok, I don't think anyone else should have to go through this. It's an avoidable and unnecessary pain that common sense and compassion should be able to address.

Petition Closed
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Petition created on December 14, 2015