Elvira

Your situation seems absolutely outrageous! I don't know how you are managing to stay sane amidst all this inefficiency and cold-hearted "you'll just have to wait" bureaucratic attitude of USCIS. Have you been in touch with your elected officials' offices at all?

Manc

How much money does the USCIS make each year from interim benefits like EAD's and AP?

they don't want to clear the backlog, despite what the Ombudsmen says.

Ray

EAD =$135 mill
AP =$51 mill

dbark

And cause how much misery along the way........

meauxna

I remember your request. I think I commented at the time that I had made the same suggestion a couple of years back.

I'll tell you some of why I changed my story.
There was/is an attorney that frightened many regular posters over this issue. It got personal, and specific. When that person puts you in his sights, it is hard not to get nervous about it.

What that person said mostly made no sense, but as I read more and more stories, I realized that it is irresponsible to say 'just do it' to anyone/everyone. There are some people who should NOT stay and adjust, for a number of reasons. Notice the AP/EAD/etc ongoing problems people in this thread are having. Coming in on an Immigrant Visa solved all that for my DAH. There are other options than VWP AOS, and if there are underlying problems, people find out the hard way. I don't want to be responsible for someone taking my flip 'just do it'; they can pay someone for that.

Because of the length of time I've been posting, I'm more aware of the amount of seriousness my posts might be given. Maybe that's a fantasy in my own mind, but I do know how I decided whose advice/information to accept when I was getting started. It included a review of their posting history, and I gave some people more credibility than others. I can see how the lawyers arrive at their cautious posting style and obscure answers.. some questions just can not be answered simply, if they're going to be accurate.

I actually really like Boiler's condensed answer. David, what if we just start cut-n-pasting this one into the Q when it comes up? Here and at VJ; I'll bet it would become The Standard w/in a month

Ray

From what I make of this and my research .... Its OK to suggest the 10ft method ..if the persons are in the USA .. but if the partner is outside the USA then the advice may be condoning an illegal act ...i.e. to have intent ...

meauxna

Exactly.
So one of my first Qs is 'where is the foreigner now?'

Then how do you explain that if they are here, they can't leave and *re-enter* and do it, which many people do (Canadians<koff>)

And since it's the internet, the argument has been that someone outside the US could use this information to get inside the US (<koff> The Terrorists).

I'm not even sure exactly how accurate it is to say 'it is illegal to enter the US with the intent to stay and AOS'.
It seems perfectly acceptable to give that advice to *parents* vs fiance/spouses (based on what I've read).
And then the inevitable mind-reader questions come up: 'how will they know my intent' and 'what are the ways I can prove I didn't have intent' and it goes round and round.....

snowbunny

My brain is crispy today.... what's the barge pole route?

What if someone enters on the VWP with the intent to marry but LEAVES afterwards? WTF does someone need a K-1 visa to marry in the country so long as they leave and are going to have to go through DCF or I-130 or whatever anyway?!?!?!

evoal2003

If they want to enter, marry and stay all in the same visit..

snowbunny

Yeah, and what do their (foreign) parents say when entering as tourists? "Hi, we're here to attend our child's wedding." (shhhhh.... no, you're um, holidaying, seeing the sights)

Parents: "But why can't we just tell the truth?"

USC: "Because our government is screwed up. So we have to tell these little white lies.... oh wait, that's beginning to sound like we live in Russia or something...."

evoal2003

My dad and best man both said they were coming to my wedding and had no problem.

snowbunny

What was their POE?

meauxna

The so-called Ten Foot Pole method is entering on a non-immigrant option (VWP or B visa) with the intent to immigrate. That involves an inherent misrepresentation.

There is nothing wrong with entering as a non-immigrant, getting married and leaving. Thousands of tourists do it every year.
The person is then free to immigrate via a normal visa process and re-enter with the correct entry doc.

cindyabs

Al answered the bargepole/10 foot pole question.

As for the individual in your example- depends on their circumstances-K1 would at least get your foot in the door as far as EAD etc, faster than having to file all the stuff at once if you came in and stayed WITHOUT permssion to stay. It would be a bit more gradual on the financial outpourings.
Right now the K3 route seems to be picking up steam again (it was lost in the horse latitudes for awhile). Yes, an approved 130 immigrant visa via DCF or otherwise is the best cut to the chase without all the renewing of EADs, getting AP etc, etc. Still depends on how fast the individual service center is if done stateside. Also depends on patient the couple concerned is. That brings me to my next observation.
I'll probably catch some flack for this-but there are the 10 foot pole folks who KNOWINGLY go that route and who use the excuses- they were going to shrivel up and die, go bonkers or had the patience of a flea if they were not together immediately. IMHO, that's not good enough. There are some folks who honestly didn't know any better and do it.
Either way you cut it- It's a funny old world and we're all bozos on this bus.

evoal2003

Philadelphia.