AOS and VWP

[Yodrak 7]

Chelsea,

It's well established that if a government employee gives you bad advice and you follow it, you pay the consequences anyway. The Supreme Court has ruled so. How well do you know this immigration officer?

There are no strange circumstances to your case that you know of. It's what you - and we here at VJ - don't know and don't think to ask about that could hurt you. An experienced immigration attorney knows what has burned people before and will know what things to explore to unearth possible problems or be comfortable that there will be no problems. They also know what to say, how to say it, and what can be left unsaid, so that one can avoid inadvertant hoof in mouth disease. People can sometimes create problems where none existed.

You probably will be OK, and consulting with an attorney does not guarantee anything one way or the other, but if I were in this situation I would do it. A consultation is cheap, the information gained often invaluable.

Yodrak

Thanks for all the replies everyone! Yodrak, I've heard before that I might want to consult an attorney but I've also seen several couples with situations much like me and my husbands. The fact that an immigration officer told us no problem he can stay makes me think that an attorney is not neccesary. Dont you think? There are no strange circumstances to our case. No previous marriages, no children. We met online thru a mutual friend right before I was going to Scotland to study abroad and we spent 6 months together there. After I returned home, John came to visit me and my family for the 90 days allowed on VWP and during that time we decided to get married and we did!

.....

~Chelsea

Edited January 30, 2007 by Yodrak

[chelsea.and.john 0]

Chelsea,

It's well established that if a government employee gives you bad advice and you follow it, you pay the consequences anyway. The Supreme Court has ruled so. How well do you know this immigration officer?

I dont know the immigration officer at all, I just made an infopass appointment and got who was next in line. I guess I'm being naiive in trusting a government employee. Seems dumb that the govt will employ people to help citizens and allow them to answer people's sincere questions and then in turn not stick up for the people when it turns out they were informed incorrectly. Can anything be trusted? *sigh*

[meauxna 15]

Chelsea,

It's well established that if a government employee gives you bad advice and you follow it, you pay the consequences anyway. The Supreme Court has ruled so. How well do you know this immigration officer?

I dont know the immigration officer at all, I just made an infopass appointment and got who was next in line. I guess I'm being naiive in trusting a government employee. Seems dumb that the govt will employ people to help citizens and allow them to answer people's sincere questions and then in turn not stick up for the people when it turns out they were informed incorrectly. Can anything be trusted? *sigh*

Hate to make another cynic, but after reading sob story after sob story about the wrong information and direction people have been given by immigration officers & the CIS 1-800# (MisInformationL Line), I have to tell you that you are, in this case, naive.

There are just a lot of small things that we don't think of at the time. Like the arrest for being a drunken yob one night at age 18. Or... fill in the blank. Consulting with a pro makes more sense after a VWP entry because there is no appeal if the AOS is denied.

Bear in mind that there will be no working for several months, no international travel for several months (by several I mean 4-6) and there are presumably loose ends left behind at home because he came here on *vacation*. Right? If there are no ties to home, that is another good reason to consult with a pro. Make sure that this is the right thing to do in this moment AND looking toward the future.

[chelsea.and.john 0]

Chelsea,

It's well established that if a government employee gives you bad advice and you follow it, you pay the consequences anyway. The Supreme Court has ruled so. How well do you know this immigration officer?

I dont know the immigration officer at all, I just made an infopass appointment and got who was next in line. I guess I'm being naiive in trusting a government employee. Seems dumb that the govt will employ people to help citizens and allow them to answer people's sincere questions and then in turn not stick up for the people when it turns out they were informed incorrectly. Can anything be trusted? *sigh*

Hate to make another cynic, but after reading sob story after sob story about the wrong information and direction people have been given by immigration officers & the CIS 1-800# (MisInformationL Line), I have to tell you that you are, in this case, naive.

There are just a lot of small things that we don't think of at the time. Like the arrest for being a drunken yob one night at age 18. Or... fill in the blank. Consulting with a pro makes more sense after a VWP entry because there is no appeal if the AOS is denied.

Bear in mind that there will be no working for several months, no international travel for several months (by several I mean 4-6) and there are presumably loose ends left behind at home because he came here on *vacation*. Right? If there are no ties to home, that is another good reason to consult with a pro. Make sure that this is the right thing to do in this moment AND looking toward the future.

oh im aware of the months of not working or traveling. i was just making a cynical comment about the immigration system.

BUT...other than that....thanks for all the replies and tips everyone

[Yodrak 7]

Chelsea,

I have to agree, up to a point. The USCIS and DoS should have better guidelines for what advice their personnel can and cannot give. (Perhaps they do have such guidelines and the people, trying to be helpful, just don't follow them?)

Visit your county courthouse to file something. The clerks there will be happy to identify and give you the appropriate forms, and tell you how to submit them. But they will not entertain any questions whatsoever regarding your specific case. USCIS employees should do likewise (unless perhaps they are the case officer who is processing the case that you have filed).

Yodrak

I dont know the immigration officer at all, I just made an infopass appointment and got who was next in line. I guess I'm being naiive in trusting a government employee. Seems dumb that the govt will employ people to help citizens and allow them to answer people's sincere questions and then in turn not stick up for the people when it turns out they were informed incorrectly. ...

Edited January 31, 2007 by Yodrak