aosmarch

Hi All
We're new to ths forum. My husband is a USc and I am Brtish. I overstayed my vwp and applied for AOS in March 08. I got a RFE for medical and 864 in April. We sent everything but forgot to send my husband's w2. Should we send it now or wait for another RFE?

Elvira

Presumably you kept a copy of the RFE form?

So send a copy thereof with the missing W2.

fatbrit

Hope you don't live in the 9th Circuit!

Folinskyinla

Hi:

The regulations allow for only one response to an RFE. You can only wait and see what happens.

Folinskyinla

Hi:

The damage is done already. And who knows what will happen elsewhere. The government happens to like adverse decisions from the 9th and extend them nationwide.

That said, it was the 9th which ruled against V-2's from aging-out and DHS acquiesed nationwide.

I think the OP would be well advise to have an attorney on board at this time.

aosmarch

Thanks
We're getting a lawyer tomorrow.
I hope they'll overlook it, afterall they have the 1040 for the past three years

aosmarch

We live in chcago

Folinskyinla

Hi:

A poster on this list stated she was arrested out of an interview in Sacramento not long ago and expeditiously removed from the US without a hearing. [BTW, it was quite expeditious in my reading, but she focused on the 6 days she was in detention.]

The CIS purported to rely on the March 2008 case from the 9th Circuit of http://www.ca9.uscourts.gov/ca9/newopinions.nsf/C4A8C6BAC91DAF7F8825741D004F5C7D/$file/0755018.pdf?openelement

The potential of expeditious removal has always existed, but the lady's report is the first time I've heard of DHS actually exercising their authority absent any other aggravating factors.

meauxna

You sent photocopies of the 1040, not transcripts?
If so, W-2s required. If transcripts, no W-2 usually required.

fatbrit

Hi,

It's difficult to know what to make of the single case we were told about on here. The numbers who fall under this must be staggering, but still there is no further word of mass deportations. Was it personal, e.g. this was a relative of bin Laden? Was it a single officer who was having a bad hair day and just did it once because s/he could? Or is it going to become policy?

Presumably somebody at AILA has been tasked to monitor and report. Please do come and tell us when there is further news.

squentna

So, this means the advice we novices on all these boards have handed out about Visa Overstay on VWP and getting the AOS paperwork filed quickly is actually incorrect. That was a VERY interesting read (case from the 9th Circuit posted by Folinsky) and we should probably be citing it when we give advice to Newbies, "come on over and file your papers in the USA ... just tell them it was a spur of the moment marriage", PLUS - "at the PEO deny you are entering to marry."
I suspect the process of AOS while on a VWP is about to become more hazzardous and it's safer to do it the right way. I'm going to avoid becoming a test case and all the hassels of going to court.

fatbrit

The unfortunate referenced happened to have had an attorney from before filing as far as I recall. So blaming the bad advice on laypeople is really rather silly........as it would be blaming the lawyer. The proverbial happens.

Also, cannot recollect in recent memory any regular layperson on this board actively encouraging the express method in quite the manner you describe.

Making your own risk assessment is certainly a wise move. But even then, you never know when the proverbial might happen to you.

aosmarch

Found this online. I guess accepting a photocopy of tax return without w2 will depend on whoever is processing the case!
btw is chicago in the 9th district?
If AOS is denied because we did not send w2, would i j\have to leave immediately?

A USCIS officer may also decide that a request for evidence is not necessary in a case in which the sponsor filed a photocopy of the tax return, instead of a transcript, but did not submit the Forms W-2 or 1099. A decision not to RFE for the W-2 or 1099 will be proper if the officer concludes that the evidence of record, taken as a whole, establishes that the information on the tax return is true and correct.

squentna

I did not blame the forums for what happened. The deportee chose the method, not the form. I suggested that the forums may be giving out poor advice. Fatbrit: you can't remember any one encouraging the express method in quite the manner I described? I didn't use memory, I used the search feature and found many many many implied suggestions to use the general methods the deportee used. I found this one also and quote: "I am sorry what happened to you. I have often mentioned that I could not advise what you did, but I left implicit that I might advise the action you took. Now, I will not."
No, we don't 'actively' suggest these methods, but we imply them constantly. My post addressed these implied suggestions which I see posted frequently.
Sorry if you missunderstood the direction of the post I should have been more explicit and included more details.

emjoy

I'm not a lawyer, (and excuse the interruption if this is missing your points) but i read through the linked case and it didnt scare me out of trying the path of doing paperwork for AOS on a VWP. Ofcourse, I will consult a lawyer as to our best option, but the way I read it, the courts ruled against him because Momeni over stayed his VWP, then married a USC, then applied for AOS after being threatended by deportation. to me, it seems if you have a good case where you dont intend to stay on permanently, but something comes along to change your mind (like a baby), and you get married and apply for AOS within the 90 days, you may be ok.
The worst case scenario I see so far with this path is to be ruled against after 8-10 months (after baby is born), and forced to leave, so you return to your country and file new paperwork, with more fees, and wait for approval on the I-130.
does that sound right?