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Old Sep 8th 2008, 1:31 am
  #31  
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Default Re: vwp overstay forgot to send w2 with rfe

Originally Posted by LoveConquorsAll
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.
My friend:

What is done is done. What will happen will happen. Your age does not directly affect your immigration status. However, it does influence your perceptions and attitudes -- which is quite normal.

There is that old prayer [I'm not putting quotes because I'm reciting from memory]: G-d grant me the courage to changes the things I, the serenity to accept the things I can't, and the wisdom to be able to tell the difference.
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Old Sep 8th 2008, 2:57 am
  #32  
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Default Re: vwp overstay forgot to send w2 with rfe

This may be completely off and in no way to my knowledge is it legally correct, but i read on other forums that a general conclusion is that if you file for your AOS via the VWP within your 90 day stay and it is received by the time your I-94 expires, you are treated the same as any other petitioner. If however you don't file within the 90 days, you are at the possibility of being legally screwed.

Thoughts... comments?
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Old Sep 8th 2008, 2:59 am
  #33  
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Default Re: vwp overstay forgot to send w2 with rfe

Hasn't this been hashed before in another thread (and this one) about the 9th circuit ruling?
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Old Sep 8th 2008, 3:03 am
  #34  
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Default Re: vwp overstay forgot to send w2 with rfe

Originally Posted by LoveConquorsAll
This may be completely off and in no way to my knowledge is it legally correct, but i read on other forums that a general conclusion is that if you file for your AOS via the VWP within your 90 day stay and it is received by the time your I-94 expires, you are treated the same as any other petitioner. If however you don't file within the 90 days, you are at the possibility of being legally screwed.

Thoughts... comments?
Hi:

The thing is that no-one really knows. We are in uncharted territory.
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Old Sep 8th 2008, 5:53 am
  #35  
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Default Re: vwp overstay forgot to send w2 with rfe

Originally Posted by LoveConquorsAll
This may be completely off and in no way to my knowledge is it legally correct, but i read on other forums that a general conclusion is that if you file for your AOS via the VWP within your 90 day stay and it is received by the time your I-94 expires, you are treated the same as any other petitioner. If however you don't file within the 90 days, you are at the possibility of being legally screwed.

Thoughts... comments?
As Mr. F said - things seem to have changed. But I would suspect one's odds are FAR better filing within the 90 days than waiting beyond the 90 days and having an overstay. Personally, since adjusting from the VWP is allowed, I would hope that if a person does NOT overstay (files within the 90 days) that they would be fine. We will hope so.

Originally Posted by Rete
Hasn't this been hashed before in another thread (and this one) about the 9th circuit ruling?
Yes it has. Everyone is still twitchy though, and not sure exactly what will hapen if....
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Old Sep 8th 2008, 5:55 am
  #36  
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Default Re: vwp overstay forgot to send w2 with rfe

Fortunately then i took the advice of Mr.F and others of filing beforehand, and the received date on my NOA1 is 26th August, my I-94 expired on the 27th. Now i am just praying.
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Old Sep 8th 2008, 6:09 am
  #37  
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Default Re: vwp overstay forgot to send w2 with rfe

Originally Posted by LoveConquorsAll
Fortunately then i took the advice of Mr.F and others of filing beforehand, and the received date on my NOA1 is 26th August, my I-94 expired on the 27th. Now i am just praying.
You should be in good shape then
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Old Sep 8th 2008, 10:48 am
  #38  
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Default Re: vwp overstay forgot to send w2 with rfe

Originally Posted by Tracym
You should be in good shape then
We hope and pray. However, perhaps by next year when they really get around to his case, the new administration will try to get respect for the law into place.
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Old Sep 8th 2008, 10:50 am
  #39  
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Default Re: vwp overstay forgot to send w2 with rfe

Originally Posted by Folinskyinla
However, perhaps by next year when they really get around to his case, the new administration will try to get respect for the law into place.
You've obviously not seen today's polls.
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Old Sep 8th 2008, 10:52 am
  #40  
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Default Re: vwp overstay forgot to send w2 with rfe

Originally Posted by fatbrit
You've obviously not seen today's polls.
?
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Old Sep 8th 2008, 10:52 am
  #41  
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Default Re: vwp overstay forgot to send w2 with rfe

Originally Posted by Folinskyinla
We hope and pray. However, perhaps by next year when they really get around to his case, the new administration will try to get respect for the law into place.
We do hope and pray, and thank you. And maybe so, but my AOS was received on August 26th, and by law, don't they have to honour that date?
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Old Sep 8th 2008, 11:14 am
  #42  
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Default Re: vwp overstay forgot to send w2 with rfe

Originally Posted by LoveConquorsAll
We do hope and pray, and thank you. And maybe so, but my AOS was received on August 26th, and by law, don't they have to honour that date?
They will honor the date. You do not have to worry about that part.

Frankly, there is nothing special for you to be worried about right now - try to relax until a problem comes (hopefully it won't!).

Mr. F is hoping (I believe) that the perceived injustices that happened to others won't happen to anyone. I don't think any of us think that you are likely to have a problem, as you got your paperwork in in time
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Old Sep 8th 2008, 11:55 am
  #43  
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Default Re: vwp overstay forgot to send w2 with rfe

Originally Posted by LoveConquorsAll
?
You really must learn to stay current with the political climate in the US. The Republicans and the Democrats approach immigration from widely differing points of view. Currently, the Republicans enjoy a bit of a lead. As far as you're concerned, that isnt good!

Ian
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Old Sep 8th 2008, 11:58 am
  #44  
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Default Re: vwp overstay forgot to send w2 with rfe

Originally Posted by Tracym
They will honor the date.
With respect, you don't know this for sure.

Ian
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Old Sep 8th 2008, 12:13 pm
  #45  
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Default Re: vwp overstay forgot to send w2 with rfe

Originally Posted by ian-mstm
With respect, you don't know this for sure.

Ian
With respect, i think they legally have to. My NOA's say August 26th on them, in USCIS Black and White.
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