doctorbeat

Ok, count us in!

Mrs. Doctorbeat and I mailed our application yesterday, estimated delivery monday.

An immigration lawyer calls it a "favorable resolution"

A guy on an internet forum makes a semantic argument

about the word "jurisdiction"

Why is it a semantic argument? Remember we are reading a blog, not the actual memo.

The blog is explaining in layman's terms what the situation is.

If you replace "jurisdiction" with another word like "power", "authority", "discretion" or whatever and read the blog post again, it is obvious what it means.

If you concentrate on the word "jurisdiction", then none of the rest of the post makes any sense.

Semantic arguments are very important in law, but not in blog posts.

I thought that the field office in SD had received a memo telling them that all AOS overstayers must be denied?

Seems to me that took away their jurisdiction to approve cases.

The impression I got was that this new memo is telling them that they still have jurisdiction to approve even after the 90 days.

I don't profess to understand, as I am not a lawyer, but at least the memo wasn't the dreaded one we were expecting, ie. a similar one to the one the SD field office received telling them they must deny overstayers.

JimVaPhuong, I mean no offence, and you certainly seem to know your stuff, but are you actually an immigration lawyer or an enthusiastic amateur?

Well thank **** for that!

I nearly had a heart attack when I saw the topic title, and the page seemed to take an eternity to load.

I expect there will be some way for people who were denied to reapply. On the forms, it asks if you've applied before, so I expect they could attach a letter explaining what happened.

Doesn't seem fair that they should have to pay the fees again, but I imagine they will be delighted nonetheless.

We're still aiming to get the packet sent off today, we just want to get this over with now.

Myopia, thanks for keeping your finger on the pulse and letting everybody know

No interview? Wow!

I've read all sorts of stuff about what people send, one person said their packet weighed 13lbs!

To me, that seems like overkill. If I was the IO, I'd leave that one at the bottom of the pile for a while...

We are going to keep the powder dry and just send a nice lean package with all the necessary stuff in it. I think that gives us the best chance of having it processed quickly.

My wife and I are about to send our AOS packet hopefully on Friday.

I see that a lot of people include photos as part of the evidence to prove a bona fide relationship, but we haven't got any printed.

Is it absolutely necessary to include photos with the packet, or can we relax for now and just get them ready for the interview?

We have literally thousands of photos, and we really don't want to have to go through them all as this will add precious days onto the process of assembling the packet.

We have a baby daughter, so we were going to include her birth certificate as evidence.

Is this adequate until the interview?

I understand that, but I didn't choose to skip it, I simply didn't fall into the category of people who need to apply for a visa.

I just don't think it's fair to pull the rug out from under VWP people but not other overstays.

All of us or none of us I could understand.

Seems like they are pulling a dirty trick just because they can.

Maybe you're right that they'd do it to visa holders too if they could, but in that case, why allow visitors to adjust status at all?

Let's hope they how some clemency and grandfather current overstayers in if/ when they change the policy.

If there is no preconceived intent to immigrate, then the only 'unfair advantage' that VWP offers is that it makes it easier to take a vacation in the States.

What's that got to do with immigration?

If your intention is visa fraud, then yes, I can see how it would be difficult to lie your way through the visa application process, and how you might think that your fellow criminals from first world countries had it easier because of the VWP.

I didn't commit visa fraud, so I had no unfair advantage.

Well I'd like to think the memo will say it's discretionary too.

What worries me is the bizarre reaction of San Diego. The case that sparked all of this was obviously a case of someone abusing the system. He tried to adjust status while he was in removal proceedings for a start.

The fact that San Diego took the result of this case and decided it applied to all VWP overstayers worries me. What also worries me is that they decied that 'discretion' means that all VWP overstayers must automatically be denied.

Sounds like they are uisng it as an excuse to me.

It seems rather unfair. I understand that they want people to go the 'correct' route, bit what I don't understand is why they are only punishing people on the VWP.

On any type of tourist visa we'd have nothing to worry about if we overstayed.

If my country was not on such good diplomatic terms with the States, then I would have had to get a visa to visit.

If I'd had to apply for a visa, I would have had no problems getting one, but in my country, you don't need a visa unles you are a criminal or other undesirable.

So, it seems that they are using the wording on the VWP as a loophole to abuse the system in their favor.

If I came from a different country, I would have had to get a visitor visa, which I would have been granted.

Then, I could overstay as long as I wanted with impunity.

Also, surely allowing VWP to adjust as long as they do so in the 90 day period means that the system is still wide open to abuse from people who want to use it as a shortcut.

I don't understand why they don't make the playing field level for everyone.

Either forgive overstays for all categories, or completely disallow AOS for any type of visitor, visa or VWP.

In other news, I'm getting my medical results on thursday and mailing on friday...

Yes, I believe that is correct.

I think you take the EAD to the SS office and they give you an SSN.

That's the impression I got, but I haven't actually done this, so maybe another member who has actually done this can confirm...

How would you define 'before much longer'?

I really hope it takes a while and I can adjust my status before the memorandum happens, because I'm not really expecting it to be good news for us VWP overstayers.

Anyone know how long this type of thing usually takes?

Weren't there some hold ups in NJ as well?

I could just be thinking of that couple who forgot to include an I-130 with their AOS package.

They went to their house and arrested the guy, but I don't think it was the overstay that was the main problem, it was the lack of I-130 if I recall correctly.

Yes indeed it is.

Don't worry about freaking me out, I've had at least one freak-out per day since I found out about the vwp denials three weeks ago!

My obligation on the vwp was to maintain an address in the UK, but also I was obligated to leave after 90 days too, which I didn't.

I maintained an address until my circumstances changed.

If they want to deport me, they don't need something as trifling as the fact that I have no UK address...

That's what I thought.

I did have an apartment in the UK and I originally had every intention of going back there.

In the end, my parents had to go there and get my stuff when it turned out that I wasn't going back as planned.

My returnable deposit covered the rent that I owed, so my parents just told the landlord to keep it and returned the keys.

I assumed that the reason it asked for the address abroad was because the form is intended for use for many different circumstances.

I assumed that this part didn't apply to my particular set of circumstances, so I wrote 'none'.

Sharp eyed readers will notice that I used the word 'assumed' twice above.

Now I have a nugget of doubt about whether it's correct to write 'none' as an answer.

Has anybody written 'none' for this question and had their form approved or denied?

I'd like to hear from someone who actually has experience on this, and I imagine the OP would too...

Wait, what?

I'm a VWP overstay and about to send my forms off.

I put 'none' for my current UK address, which is the truth. I've lived here for 18 months, and no longer maintain an address in the UK. Are you saying that I absolutely have put an address there?

I suppose I could use my parent's address, but that's not really true. I don't have a home in the UK any more. Should I really lie on the form?

I'm filling out all the forms for my aos, and i'm stuck on a few things.

I have overstayed on the vwp

1. Do i put 'none' for my visa number?

2. What is my current uscis status?

3. On the forms where it asks for my alien number, i tried to enter 'none', but when i click on the next field, it automatically 'corrects' this to a bunch of zeros!

Do I leave the zeros, or leave the fields blank and write 'none' with a pen?

4. Do i include my step son in the section about children on form i-485? I'm married to his mom and he lives with us, but i haven't officially adopted him.

Thanks guys

On the I-864, it asks for your earnings or the past three years.

My wife had a job at a gas station during the early part of 2008, then the gas station closed and she was unemployed for the rest of the year.

She checked with the IRS, and she did not file for 2008.

She has no W2 from that (now defunct) employer and she has no pay stubs.

How do we find out what she was paid so we can fill in the form and also submit a tax return?

The ethernet port on my macbook broke, which is why I'm using my Linux machine at the moment. Good to know that it's not just Linux that has the problem.

You would have thought they'd take more care over compatibility, not everyone uses Windows!

You can get Adobe for Linux?

Well you learn something new every day lol.

I'll download it now....

So I just tried to download the forms ready to fill in and print, and guess what?

A couple of them (including the I-130) just give me a message telling me that I need to download the latest version of the document viewer from Adobe.

This is a problem, as I use Linux, and you can't get Adobe Reader for Linux

I use an open-source reader for all pdf's, and have NEVER encountered a problem before. Why on Earth would they make the forms only compatible with one of many readers out there?

The idea was to fill out the forms and email them to my wife's address, so she can print them at work (we have no printer), but now it looks like she'll have to download them at work, print them and then we'll have to fill them in the old fashioned way with a pen.

We really wanted to fill them in on the computer for a more 'professional' look, but I guess we don't have a choice

So far, so good in a "no news is good news" way? We applied 12/22. Biometrics done 1/19. Online notice that EAD was processing was 2/18, but no email/text on it. Hanging tight for an interview date. No RFEs, but a very, very thorough completion of all docs.

Not sure about the field office? Filed to Chicago lockbox, MSC prefixes to our receipts, but anticipated interview in the NYC office (good thing re: overstay, I hear).

Yes indeed!

Myself and another member (Myopia) are in the same situation, although we both have yet to send off our applications.

We're both in NY, but I'm in the Long Island area.

It would be great if you decide to stick around and do a timeline, we'd love to keep track of your progress

I see the problem, it says "legal alien allowed to work"

It's my understanding that while the AOS application is being processed, you are temporarily legal.

Someone who knows more about this needs to reply, but my gut tells me that he should be able to do this.

How's the application going? Which field office is dealing with your application? When did you apply?

Your fellow overstayers are eager to know

Joyjohn, it sounds to me that you got the RFE because of your less than straightforward circumstances. Sounds like they wanted extra tax return info to better understand the particulars of your situation.

With a situation like mine, I guess they'd only know to ask for more returns if the IRS divulged information about the punctuality of my wife's tax returns.

I wonder if they actually do this?

Unless you have late ones to file, in which case they want you to file them and obtain IRS transcripts...

I guess it's to prove you actually did send them in to the IRS rather than just fill the form out and photocopy it

My best guess is that the RFE is discretionary, and because the tax return was what he based his income on, they decided they wanted more proof?

Who knows how all this works?

It does seem strange that they use the I-864 not only to determine income, but also to see if you've been a good boy/girl and filed your taxes on time!

We've been trying to get this form done for over a year now, it's been our main stumbling block, and was in fact the reason I'm applying after the 90 day period.

Who'd have thought the affidavit of support would be the hardest part of the process?!