vwp overstay forgot to send w2 with rfe
Sep 7th 2008, 11:11 am
#16
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: vwp overstay forgot to send w2 with rfe
Rene
Sep 7th 2008, 11:12 am
#17
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: vwp overstay forgot to send w2 with rfe
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.
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.
Rene
Sep 7th 2008, 12:16 pm
#18
Lost in BE Cyberspace
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Re: vwp overstay forgot to send w2 with rfe
Here's one Chicago immigration attorney, he did a good job for us. We did not have any commotion however.
www.dixler.com
www.dixler.com
Sep 7th 2008, 12:41 pm
#19
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: vwp overstay forgot to send w2 with rfe
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?
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?
The point of what I mentioned is that an individual poster here was summarily removed on the basis of this case.
I have usually refrained from advising on-line simply because I could not advise a course of future conduct is illegal. And an on-line post in this forum could concievably be seen as encouraging the conduct. And on top of that, even a non-lawyer could be ensnared by the criminal conspiracy statutes [18 USC 2] for advising illegal conduct. This has happened in the tax arena.
Quite frankly, if a person came into my office already having entered as a VWP and now married to a USC, I would have had no problem in preparing and filing the adjustment [a different issue in "chatting" on a public forum].
There has been a murmur of concern in the bar after Momeni came out.
And then there was the post here by the person who was actually removed and CIS/ICE told her that they were acting under the authority of Momeni.
Personally, I do not think that Momeni requires removal -- but the case makes clear that if DHS decides to remove you -- you are legally up the creek. In the words of DC lawyer Jan Pedersen, sometimes a good lawyer just has to know how to sincerely "grovel" before the authorities.
As for the worst -- yes, you would be required to file a new application, along with a waiver; have that waiver denied; having no avenue of appeal whatsover, and being required to remain out of the US for 10 years.
Last edited by Folinskyinla; Sep 7th 2008 at 12:44 pm.
Sep 7th 2008, 12:46 pm
#20
Joined: Apr 2002
Posts: 35,082
Re: vwp overstay forgot to send w2 with rfe
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?
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?
Don't stay on a 90 day VW and try to file papers! - I did just that and here's what happened.
Oct 4th 07 Entered US on 90 day VW (UK citizen).
Nov 22 07 Married US boyfriend (had no pre-intention to marry before entering US).
Immediately hired a certified US immigration lawyer who said I could now stay and file for adjustment of status etc - also said I didn't need to file papers before my VW expired.
Paid up all application fees + lawyers fees (not cheap).
Filed all correct papers via lawyer, received confirmation of receipts around mid Feb 08.
Took, and passed, the medical tests, Biometrics exam, was issued a Work Permit and obtained Social Security Number.
Went to Green Card interview in June, with lawyer and husband.
Expected to walk out with GC...
Instead, they refused my application on grounds of a recent new "ruling"*
They acknowledged our marriage was valid and not pre-intended.
Was immediately taken into custody and held in jail for 5 days whilst they tried to find a flight home for me.
(Reno ICE has no overnight holding facilities)
Chained, strip searched, hideous conditions etc.
Then moved to San Diego - held for 1 day.
Then moved to LA (my original port of entry) held for 14hrs in a freezing cell.
Finally put on a flight back to UK (I did demand a free upgrade though ;-)
I now have a 10 year ban on entry to US!!
I have no criminal record and have never previously violated any VW.
My lawyer was powerless to help.
*The new ruling was passed 31 March 08 ie. AFTER they'd issued receipt of my applications. Apparantly Immig can backdate rulings.
The only reason given (i received no paperwork from Immgration) was that I overstayed the 90 day VW period.
Appealing the ban will take too much money + time, so my husband and I are moving to another (non US!) country.
I wish you all the luck in the world - you will need it if you take the same route as I did.
Oct 4th 07 Entered US on 90 day VW (UK citizen).
Nov 22 07 Married US boyfriend (had no pre-intention to marry before entering US).
Immediately hired a certified US immigration lawyer who said I could now stay and file for adjustment of status etc - also said I didn't need to file papers before my VW expired.
Paid up all application fees + lawyers fees (not cheap).
Filed all correct papers via lawyer, received confirmation of receipts around mid Feb 08.
Took, and passed, the medical tests, Biometrics exam, was issued a Work Permit and obtained Social Security Number.
Went to Green Card interview in June, with lawyer and husband.
Expected to walk out with GC...
Instead, they refused my application on grounds of a recent new "ruling"*
They acknowledged our marriage was valid and not pre-intended.
Was immediately taken into custody and held in jail for 5 days whilst they tried to find a flight home for me.
(Reno ICE has no overnight holding facilities)
Chained, strip searched, hideous conditions etc.
Then moved to San Diego - held for 1 day.
Then moved to LA (my original port of entry) held for 14hrs in a freezing cell.
Finally put on a flight back to UK (I did demand a free upgrade though ;-)
I now have a 10 year ban on entry to US!!
I have no criminal record and have never previously violated any VW.
My lawyer was powerless to help.
*The new ruling was passed 31 March 08 ie. AFTER they'd issued receipt of my applications. Apparantly Immig can backdate rulings.
The only reason given (i received no paperwork from Immgration) was that I overstayed the 90 day VW period.
Appealing the ban will take too much money + time, so my husband and I are moving to another (non US!) country.
I wish you all the luck in the world - you will need it if you take the same route as I did.
Sep 7th 2008, 12:50 pm
#21
Joined: Apr 2002
Posts: 35,082
Re: vwp overstay forgot to send w2 with rfe
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.
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.
You should have given the entirety of Folinskinla's quote because in context it means something altogether different.
Sep 7th 2008, 12:50 pm
#22
Lost in BE Cyberspace
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Re: vwp overstay forgot to send w2 with rfe
One point is that both Momeni and our unfortunate poster did NOT file the AOS within the 90 days of the VWP. And thus had an overstay before the AOS was filed.
I personally would encourage anyone who doesn't already have an overstay (between expirate of VWP and filing of AOS) to NOT incur one.
I personally would encourage anyone who doesn't already have an overstay (between expirate of VWP and filing of AOS) to NOT incur one.
Sep 7th 2008, 1:35 pm
#23
Just Joined
Joined: Sep 2008
Posts: 27
Re: vwp overstay forgot to send w2 with rfe
thanks so much for clarifying things, and for pasting the post of the person who had the very unfortunate outcome.
I definitely see the importance of filing ASAP before 90 days if that's the route we decide on. I'll make sure the lawyer I discuss options with can clarify if rejected for the AOS from the VWP- if any ban could be imposed for an overstay, and obv if we go that route, i'll make sure I file everything before the 90 days!
thanks again, this forum is tremendously helpful.
I definitely see the importance of filing ASAP before 90 days if that's the route we decide on. I'll make sure the lawyer I discuss options with can clarify if rejected for the AOS from the VWP- if any ban could be imposed for an overstay, and obv if we go that route, i'll make sure I file everything before the 90 days!
thanks again, this forum is tremendously helpful.
Sep 7th 2008, 4:42 pm
#24
Hydey
Joined: Jul 2008
Location: London, England.
Posts: 228
Re: vwp overstay forgot to send w2 with rfe
This thing is worrying the hell out of me, we adjusted due to my girlfriend of the time's father passing away, a terrible thing to happen, and are now going through the AOS process on the VWP... from New Jersey. So fingers crossed... i hope age isn't a concern either, 19 and 21.
Sep 7th 2008, 7:30 pm
#25
Professional Drama Queen
Joined: Dec 2007
Location: West Virginia
Posts: 1,061
Re: vwp overstay forgot to send w2 with rfe
This thing is worrying the hell out of me, we adjusted due to my girlfriend of the time's father passing away, a terrible thing to happen, and are now going through the AOS process on the VWP... from New Jersey. So fingers crossed... i hope age isn't a concern either, 19 and 21.
Last edited by Songbird; Sep 7th 2008 at 7:33 pm.
Sep 7th 2008, 8:25 pm
#26
Lost in BE Cyberspace
Joined: Jun 2008
Location: San Francisco Bay Area
Posts: 10,678
Re: vwp overstay forgot to send w2 with rfe
This thing is worrying the hell out of me, we adjusted due to my girlfriend of the time's father passing away, a terrible thing to happen, and are now going through the AOS process on the VWP... from New Jersey. So fingers crossed... i hope age isn't a concern either, 19 and 21.
http://www.uscourts.gov/images/CircuitMap.pdf
Sep 7th 2008, 11:27 pm
#27
Lost in BE Cyberspace
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Re: vwp overstay forgot to send w2 with rfe
This thing is worrying the hell out of me, we adjusted due to my girlfriend of the time's father passing away, a terrible thing to happen, and are now going through the AOS process on the VWP... from New Jersey. So fingers crossed... i hope age isn't a concern either, 19 and 21.
Sep 7th 2008, 11:29 pm
#28
Lost in BE Cyberspace
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Re: vwp overstay forgot to send w2 with rfe
I believe that all the problems occurred in the 9th district court. Correct me if I'm wrong.
http://www.uscourts.gov/images/CircuitMap.pdf
http://www.uscourts.gov/images/CircuitMap.pdf
Mr. Folinski did say something to the effect that they might tend to take the same view as the 9th nationally though - so I personally would play it safe and make sure to file within the 90 days, whatever circuit I was in.
Sep 8th 2008, 12:05 am
#29
Forum Regular
Joined: Mar 2008
Location: UK then Chicago
Posts: 247
Re: vwp overstay forgot to send w2 with rfe
This thing is worrying the hell out of me, we adjusted due to my girlfriend of the time's father passing away, a terrible thing to happen, and are now going through the AOS process on the VWP... from New Jersey. So fingers crossed... i hope age isn't a concern either, 19 and 21.
Sep 8th 2008, 12:56 am
#30
Concierge
Joined: Apr 2001
Posts: 46,474
Re: vwp overstay forgot to send w2 with rfe
You have 13 posts to your name and yet you are spouting off that members of this forum regularly give advice to newbies to break the law. I don't know about your reading skills but apparently they need a little upgrading. While there there might be member[s] of the forum that strongly elude to this method of entry and filing, it is not a common issue and anyone who has entered under the VWP and comes here with questions is told to seek, at minimum, a consultation with an experienced immigration attorney before they do anything.
So before you start condemning an entire group with your inaccurate quoting of prior posts, quote all of the post and not just selected parts that prove your point when, in fact, if quoted correctly it would prove just the opposite.
So before you start condemning an entire group with your inaccurate quoting of prior posts, quote all of the post and not just selected parts that prove your point when, in fact, if quoted correctly it would prove just the opposite.
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.
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.
Last edited by Rete; Sep 8th 2008 at 1:38 am. Reason: I have to upgrade my typing skills ;-)
