This question has prabably been asked a lot, but I can't find any information on my situation. I came here as a visitor to the US, got married to a USC, and applied for a visa. I was supposed to apply for a green card, but I applied for the wrong thing. Anyway, my question is, can I still apply for an ead card? Is there any way I can work legally without one? Thanks.

You came as a "visitor" yet brought your dog with you?

http://www.visajourney.com/forums/index.ph...=53220&st=0

What is your current status?

You cannot work without an EAD or permanent resident card.

You cannot get an EAD unless you are pending AOS or are here on a K-3.

Yes I was allowed to visit for 3 months. I had a return flight booked for my dog, and I 3 months after I arrived here. I was only coming here to visit, but I got married to my husband during the course of the 3 months. My sister has 3 dogs and she couldn't look after my dog, and parents work a lot of hours so they couldn't take him. I wouldn't have trusted anyone else to look after him properly, and I didn't want him in kennels. I would have missed him too much being away for 3 months.

I have applied for AOS in the process of getting a green card.

WOW......

Kez

You can work when you get your green card. That would prob come before your EAD if you filed for that now....

Good luck with your AOS interview.

You need either your green card or EAD to work legally. I think that may be the least of your worries as you have show that you had no immigrant intent and I suspect your dog coming with you is going to raise interesting questions in that regard. Does your dog have a pet passport? Good luck non the less.

Yes my dog has a pet passport, I got him one before I came here, it was valid for two years. I can see what your saying about questions being asked. I didn't come here with intentions of staying, I had a return ticket, and my dog was booked on the flight back with me. I didn't even bring anything but 3 months of clothes with me.

Pauline I am not making a judgement, just pointing out the obvious which I am sure you had already considered. Personally I wouldn't volunteer the information about the dog unless specifically asked. The pet passport is a good thing from your point of view as presumably your re entry was at Manchester where they have Animal Reception Facilities, you can not use the pet passport scheme in Scotland for dogs from the USA for some reason unbeknown to me. I would be interested to know how it goes when you reach the Interview stage as it is certainly one of the more unusual questions I have seen posed on here. Good luck.

I doubt it'll cause any issues with you bringing your dog. After all you entered the US legally and you were inspected when you entered (did they know you were bringing your dog?). Anyway, people travel with their pets often (even to other countries), especially if their trip is more than a week or two.

I would get an EAD for the dog, it would probably come quicker!..just kidding.
If you can afford to apply for an EAD I would, statistically it seems (ok my observation) that AOS is taking long time for those of us from the UK. Probably due to the common names and namecheck hell.

I want to know if the dog needs to apply for LPR status if not then perhaps if we all claimed to be animals we could avoid the paperwork

Pauline, you have indicated that you have NOT filed correctly for AOS. Your husband sent in an I-130. That is not the same thing.
Based on what you've posted, you are not eligible for an EAD even if you applied for one now.
EADs take 3+ months from application date to receive.

I had to come from Manchester in order to bring my dog you are correct. They knew I brought my dog, and also that I was coming into the country as a visitor and planned to stay for 3 months. I will let you know what happens after the interveiw. Thanks for your comment.

Thanks for your reply. How much does the ead cost?

Yes they were aware that I brought my dog with me. He got transported through a pet transport company.

To many people, dogs and cats are like children to them. Why would someone bringing their dog on holiday cause suspicion to an immigration officer? Would someone bringing their children with them on holiday to the US be suspect as well? Of course not! lol
I think some people are grasping at straws here....I can't imagine that AOS interviewers ask anyone, routinely, if they brought their dog with them when they came here, thus proving they had premeditated intentions of marrying a USC and immigrating to the US..... Just a thought

You would not belive some of the questions that do get asked when someone is doing AOS from a VWP/Tourist visa..... and no there are hardly any people from the UK/Europe who would bring a dog on a vacation to the US....

Kez

I am glad you raised the point of children, just like pets having them in your home country tends to show strong evidence of ties to that country and non immigrant intent. Most people could not afford to take 90 days vacation which is the maximum time allowed in the US under the VWP and the children would not have 90 days school vacation time either, so if someone arrived with kids in tow for 90 days that would equally give rise to suspicion as to intent.

Having a return ticket for the maximum time permitted in itself raises red flags. The vast majority of people entering from the UK on VWP do so for a 2 week vacation not for 90 days. ANYTHING out of the ordinary pattern of a vacation visitor raises a red flag.
The OP has that issue to deal with before any others.

I deliberately asked the question about the pet passport because if the dog did not have a chip then it is an automatic 6 months quarantine on return to the UK and the " I could not bear to be parted from my pet for 3 months " argument collapses instantly. Likewise I wanted to know where the return ticket was to. There are a limited number of POE in the UK that you can enter with an animal, so once again the issue could have been raised.

Where people are called for a secondary interview they are subjected to questioning a whole lot more personal than did you bring a pet, so your assertion that an IO would not follow such lines of questioning is incorrect.

Always remember that in a situation where the applicant is AOS from VWP the onus is not on the IO to prove you had immigrant intent but rather on the applicant showing that they did not have such intent. Anything that may give rise to issues over this a potential difficulty. I am not grasping at straws it isn't my application, but to suggest to the OP it is OK to live with the misconception that there is no possibility that the dog could be raised as an issue and everything will be fine is plain bad advice.

Just another thought

I'll be sure to it on the list of potential questions for our AOS interview, then lol

"How did you meet each other?
Did you intend to marry when you came to visit the US?
Did you intend to immigrate to the US upon your arrival at the POE?
Can you prove you had no intention of immigrating to the US before your visit? (ie: family/work ties or unfinished and ongoing business in the UK, etc.)....


Ok! No problem, you've passed!!....welcome to America!

Oh wait...one more important thing.....


Did you bring your dog with you? YOU DID???!!!

AH-HAAAA! FORGET IT! DENIED! Go back where you came from....sneaky bastard!! "




Ya never know though, do ya?

it's really odd, I've never seen one person who adjusted from something other than a K-1 or K-3 visa report being asked about their intentions upon entering the US......anyone here ever had an AOS interview experience where they were asked if thier intent was to immigration from one of these other Visa types?

Reason I ask is that I see all these dire warnings, but then have never, ever seen someone report that they were asked about this.

You might want to spend a few moments reading the information HERE lest you run away with the idea that it is all a mere formality

Well I brought my cat with me. I almost hope they ask me about the cat. I'll offer to let the AO keep the cat for a few weeks and see why I wanted to bring him with me and not leave him in a kennel or with someone else.

No, you don't.
Since none of us will be making the adjudication decision on this OP's case, or any other case here, all we can do as posters is point out obvious inconsistencies or potential that she might want to investigate.

If you are unsure about your own case, you should seek a paid legal opinion and stick with it. The information you will get in private, from a lawyer, is different than the information you will get here.

Maybe they had no Internet access after they were deported There are stated cases where people have been refused on the basis of immigrant intent should you care to use the search function. It is unusual in that most AOS form VWP appear to be fairly plain sailing, however that I am sure is due in no small [part to the applicants being adequately prepared and able to deal with the questioning. It does no harm to prepare for the worst and hope for the best.

If you want some reading on actual experiences at various offices this site isn't bad

http://www.kamya.com/interview/130int2.html

Same here.....I would think that most interviewers are more interested in catching "mail order" bride type fraudulent marriages rather than people deciding to get married after they come into the US as a visitor. At least that's what I gather from filling out the forms, etc. It mainly wants you to provide information that shows you are in fact, in a "bonifide" marriage and not a fradulent marriage just to obtain a green card for an alien, since that's the quickest way for an immigrant to enter the US as a legal immigrant.

Now I could be wrong, but it seems like there would be no forgiving overstays or marriages while on Visitor Visas by the authorities at USCIS if the goal was to catch people not following the K-1 process exclusively. It's not illegal or they wouldn't approve anyone who does it that way, right? They'd deport 'em if it were, cause they can....

Across a land border rather than a trans oceanic flight. There is a difference in that it is not so unusual for Canadians to transport pets as it is for people from the UK. I am not saying it is the end of the world and will for sure cause a problem. All I am saying is be aware of the potential it has to raise a red flag in the circumstances as described by the OP. It may or may not ever be raised as an issue. But I see no harm in drawing attention to it. The only person whose opinion on this matter actually counts is the IO conducting the interview. But if the OP is forewarned they are forearmed. Sheeesh I didn't intend to start pet wars

You might want to do some bedtime reading and revise those opinions

http://www.dhs.gov/xlibrary/assets/statist...05_Yearbook.pdf

That info pertains to "fraudulent marriages" which indicates that the marriage, itself, is fake.... that the couple are only married so that the alien can obtain a greencard, which doesn't apply in my case.

That's ok, maybe the dog will be an issue, who knows. I still haven't seen anyone who was denied their AOS due to immigration intent. Can you insert some of the links to the threads that reference this? I can't seem to find any using the search function.

I was aware of what the link referred to. The line of questioning in reference to immigrant intent is just as pervasive and detailed. That was the point I wished to demonstrate. I am not talking about your individual case or any one elses for that matter. If you wish to believe that immigrant intent is never questioned and people are never denied an application for AOS based on immigrant intent and that they are never removed from the USA and all is plain sailing in the world of AOS interviews then so be it. :shrugs: If you honestly believe that all AOS interviews go along the lines you suggested in your post then you may well find yourself in for a very rude awakening indeed. I sincerely hope you don't

Above you say that there are cases "where people have been refused on the basis of immigrant intent should you care to use the search function"

I used the search function and can't find them. I just want the links to the threads showing those cases. It'd be interesting to see what questions were asked.

Well.........getting back to the subject of the thread just for a moment.....How much does the EAD cost? I don't think I am able to get one according to what people have said, but I'm interested to know how much it would cost.

As far as the AOS interveiw goes, I will have to wait and find out as to what questions they will ask me, when the time comes. My husband and I will have been married for two years on the 14th of february, so I think that may be of some benifit to us at the interview.

It appears not http://img.photobucket.com/albums/v42/manc...time/search.jpg

Of course adjustment of status is considered discretionary. USCIS may still deny an application for adjustment of status even where none of the statutory bars applies.

In practice, adjustment of status will be granted where the alien is statutorily eligible and there are no "negative factors." When such negative factors exist, the factors will be weighed to determine whether adjustment will be granted. Close family relatives, particularly immediate relatives, may be a strong factor favoring adjustment.

Preconceived intent to remain in the U.S. at the time of entry as a nonimmigrant, even though not resulting in fraud or willful misrepresentation, may be a sufficient negative factor to deny adjustment of status.

EAD application fee is $180.

You can apply for an EAD either at the same time or after you apply for AOS. Current cost is I believe $180. The benefit of your two years is you will not have conditions imposed should your application be successful - good luck

Thank-you

Hi Pauline,

Good luck on your immigration journey. If you are not in a real hurry or not in an emergency situation, the EAD and the Advanced Parole is a waste of money, as it takes about three months for those to get approved, which is about the same time (three months) that it takes for the Green Card to be approved and received. Therefore, some people end up getting an EAD and an AP after or shortly before they get their Green Card, which makes the EAD and AP useless. I was advised of that beforehand, hence I never applied for it. Lol..the funny thing is that the money that I saved in not applying for an EAD and Advanced Parole went to paying the immigration lawyer's bill instead (and yes, it was worth the money). I got my AOS approved and got my Green Card rather quickly too!

But in case you want to apply for and EAD or an AP beforehand, cost-wise, for each of those documents is about $180 USD (total cost of about $360 for both).

Note that in New York State though, legally you need an SS# to apply for a driver's license, for any financial transactions, or for paid employment opportunitues.

Hope this helps.

Ant

That's incorrect information.

SOME people get their greencards in 3 months or less. The average is 6 months or so. Some people don't get them for years.

The notion that greencards are now being churned out REGULARLY in less than 3 months is a poor one and not something anyone who NEEDS to work or WANTS to travel should bank on.

Hi Rebeccajo,

Good luck on your immigration journey. Sorry about your situation in waiting for so long, and I hope you get that sorted out soon. Yes, I know that it might take some people longer than three months to be approved, due to namechecks or whatever else. Every case and every situation is different, so others should do what is the best for them in their situation, whether it is better for them to apply for an EAD and AP, or not to apply for it. Hence I said, "If you are not in a real hurry or not in an emergency situation...". In mentioning my situation, I wanted to point out the alternatives and the pros/cons of patiently waiting for a Green Card versus spending for an EAD or AP, so that they can figure out what is the best option for them in that sense too.

Ant

Still, it's best not to advise anyone that green cards are on average being granted in three months. EAD and AP (if desired) are like insurance. There are too many cases where one didn't apply for those thinking the green card would be approved quickly and then, months later, are still waiting. Some have to reapply for EAD, waiting for the GC. Some have very fast approvals...some don't. Hopefully yours will be one of the lucky ones, eh? My husband and I have been waiting almost 8 months now. Some got approvals in one month. I would rather spend the money for EAD and AP and NOT need them rather than find out months later that I should have applied.

AP is hardly relevant, the OP came here 2 plus years ago, so is well out of status and subject to a ban is she leaves.

I do not believe dog's have a status? Perhaps it is that of the owner?

I am slightly surprised she got in, I did read of someone who turned up for a 'holiday' in the US with 2 cats, she was on the next flight back.

But there are exceptions to every rule.

I do not have the links, but I have read several posts over the years from people who have been refused adjustment from entry on the VWP, but as a percentage must be very tiny.

I had to wait 15 monhs for my interview, times vary significantly.

And how could a dog arise at an adjustment interview?, probably best not to take it with you.

The proposal for the fee hike shows the national average is 7.7 months for AOS.

This combined with the 2006 Ombudsman report state that they are trying to make it 90 days for approval, but we are not there yet.

Thanks ant. I appreciate that.