S Folinsky

I hear Paul Simon singing: "I am just a poor boy; Though my story's seldom told; I have squandered my resistance; For a pocket full of mumbles such are promises; All lies and jests; Still a man hears what he wants to hear; And disregards the rest"

fatbrit

I'm nominating this for the funniest line of the week.

fatbrit

Do yourself a favour:

If you're investigating the VWP express route, search this forum for "10-foot pole," paying special attention to the last couple of years. The question generates more apoplexy than a mouse in a cattery. Learn to ignore the hysterics and you'll find all the information is in those threads.

If after learning the pros and cons you're still on for VWP express residency, the trip to Mexico should be postponed until such time as you can clutch a green card in your hand.

Claire 2011

Thanks everyone for all your help. We are just about to go to an appointment with an immigration attorney, and I will report back and let you know what he says.

Noorah101

You shouldn't report back. An attorney tells you things in the confidence of his closed-door office. If you DO plan to come back and tell us what he said, make sure he knows you plan to do this. Also know that this could change what he tells you. I'd keep it all confidential until you decide on a route and start the process...then feel free to come back here and tell us what you're doing or if you have any questions.

Rene

md95065

Actually there is a 0 as well so it is really three things ...

0. There is never any guarantee that you will be admitted to the US under the VWP - it is entirely at the discretion of CBP.

ian-mstm

I find your moral indignation somewhat amusing. US immigration law is specifically written to keep non-US citizens out of the US... and the US doesn't care one whit whether or not you're inconvenienced by their laws. Further, what you think doesn't really matter... what matters, is what the CBP officer thinks when you try to enter the US.


Respectfully, your USC boyfriend is not at risk... just you! And then, only if you try to remain in the US! You'll be fine if you go to Mexico, return to the US, and leave on December 21.

Ian

jeffreyhy

When a person asks to enter the USA as a non-immigrant they should remain a non-immigrant. If they want to enter as an immigrant they should get an immigrant visa. What's unfair about that? If anything, the provision in the law that allows a a persons who entered as a non-immigrant to immigrate from within the USA, provided that their honest intention at entry was to leave after their visit, is quite generous. And it's a 'loop hole' that many devious people take advantage of.

Despite people saying that entering as a non-immigrant and then applying to adjust status is illegal, breaking the law, it is not. What they should say is that the law does not provide a path for a person who entered as a non-immigrant to immigrate from within the USA - with the previously mentioned exception. Such a person can always apply, the law says that they should be denied. If anything, it's the case officer who approves them who is not following the law.

What gets people in trouble if denied is not having made the application to adjust, it's being found to have mis-represented their intentions when they were questioned by the CBP officer at the time they entered. As with many wrong deeds, the penalty for lying about it is more severe than the penalty for the deed itself.

Regards, JEff

fatbrit

The 8-10 months it takes them to issue it. It simply shouldn't take that long.

jeffreyhy

When will you be running for office on that platform?

Regards, JEff

fatbrit

I vote, write letters and make calls, march occasionally, and have worked with a couple of local campaigns as a volunteer. But office? No thanks!

jeffreyhy

Can't say as I blame you!

Regards, JEff

samchico

I suspect my reply may not be popular here. This is my, in a nutshell, story. I came here just over 4 years ago on the VWP, I was visiting friends and single. I met a wonderful American man here and stayed and successfully did the AOS here.

There was nothing illegal in what I did and I do find it frustrating when some people use a blanket term of "illegal" for all VWP/AOS folks like me. Yes, it's all the intent when originally entering the country. Yes, it's a hair raising few months here when you're out of status and not knowing which way USCIS is going to decide. My husband and I decided early on that we didn't want to be apart. We even made contingency plans for him to join me abroad in case we were denied.

I'm not saying that it is the best or least stressful way of doing things. However it is legal (as long as you entered the country with no intent to marry) regardless of how much it's frowned upon. From my personal experience, to reduce some of the stress and give yourself a fighting chance, I would say get good legal advice and take it, know your rights and get married and get your paperwork into USCIS *before* your VWP expires and before you step foot outside the US. Then be prepared to not leave the country again before your conditional residence is granted.

Sam

Noorah101

You are correct, Sam, that it's all about your intent. When YOU entered the USA, you did not have the intent to stay. The OP in this thread, when she entered the USA a couple of months ago, seems not to have had the intent to stay. However, if she goes to Mexico and then wants to return to the USA, she will have the intent to stay, and that could be problematic.

Rene

samchico

I totally agree there, if it were me again I certainly wouldn't be making the Mexico trip and instead spending my time getting married and preparing the paperwork, medical exam etc