supporting evidence for i-485

[Lehua 0]

Hi Vj's,

A lawyer told me to file AoS already so I don't overstay. I haven't done so because I am waiting for certain documents. He said it's okay without docs because they will ask for RFE. Do I need to add an attachment stating that I am waiting for documents or is it ok to leave no attachment for any kind of explanation. He told me to file it and call him back when I get RFE. To be more specific, they are court papers. He's saying it's okay to leave no attachment or explanation. I'm not sure about this advice. Any other opinions? I will surly seek second legal opinion as well.

L

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[Terry J 50]

If it was me, I probably would wait until I got the required court documents before filing the AOS to avoid any RFE's and not slow down the process.

But you could file the AOS and you may not get any RFE and instead submit the original court documents at the interview. Then the IO would likely keep your AOS pending until the documents are reviewed.

As you said, definitely get a second opinion with regard to your situation.

[Harpa Timsah 13,258]

Overstay is irrelevant for someone adjusting based on marriage to a US Citizen, so I am not sure why the lawyer thinks you should care.

What you are doing, by purposely sending in an incomplete package, is robbing yourself of a chance to fix a mistake. Because once they send you that RFE, if you send it back with even a tiny mistake, you will be denied.

If you wait, send in a complete package, and then you get an RFE for a tiny mistake, you get that chance to compare what you sent, figure out what was wrong, and fix the mistake.

I know what I would pick.

[Lehua 0]

Very annoyed at lawyer that doesn't explain anything. Considering what you've all said, it's to my benefit to file a complete package even at the risk of overstay as it is "irrevelent" in the end. If my AoS is denied, lets say, is there recourse for me because I am married to a USC spouse. Came here legally and was inspected? I imagine my overstay will be about 3-4 weeks from the due date for documents to be ready.

Reading a previous thread which may not have the most up to date info, I wonder if I need to consider this:

"... if your petition is denied for some reason, you do not have the right to appeal since you came on VWP and would need to leave and file for a CR-1."

-http://www.visajourney.com/forums/topic/337153-overstay-4-months-vwp-now-married-any-problem

From what I know, Canadians are not part of VWP, they generally allow visits for 6months at time. Does the above apply to me? Just want to do my own research and fact finding... Need to get a new lawyer. Back at square one.

Thank you all....

L

[Harpa Timsah 13,258]

Canadians are not on the VWP; they can visit under the terms of a B2 visa without having to apply for it. Which means you could appeal if you were denied.

But you will not be denied for overstay; it is irrelevant or "forgiven" because you are married to a USC.

You could be denied for improperly responding to an RFE, so I would keep your chances open on that, as I explained.

If you have a criminal record, then the case gets a little more complicated, but it depends what the conviction was.

Good luck.

[Soul Froosh 31]

Overstay is irrelevant for someone adjusting based on marriage to a US Citizen, so I am not sure why the lawyer thinks you should care.

Yea, but until she has filed she's subject to deportation, right? (once she becomes an overstay)

That's unlikely, but the lawyer will want you filed regardless and not be like "Well hey, ICE probably won't pick up on you, so let's just wait for those docs before we file", knowing that you can get filed now and deal with the RFE correctly when the docs arrive.

Myself, I was an overstay struggling to get all the sponsor/co-sponsor tax docs together. Once It got to 2 months overstay (still waiting on my wife's tax docs) the lawyers had us file without it knowing the RFE would come back. Bad decision? Maybe, but worrying about ICE knocking at the door wasn't nice. Getting filed was a big relief.

[Harpa Timsah 13,258]

Good point, but while she is subject to deportation, she would not be deported because she is clearly eligible to Adjust Status. She could get picked up and detained, which would not be fun, but most likely she would be ordered to AOS immediately and released.

Still, all very unlikely. People live here for decades and do not get deported, she is talking about a few weeks or months.

With the criminal issue, I would want all my chances for RFEs, because it is sometimes unclear exactly what papers they need, with judges signatures, etc.

[Lehua 0]

I Understand your nick's point and it's a valid one.

Thanks Harpa for reiterating your point. I gotta weigh the options and look at the bigger picture. Thanks for replies.

[aussie_jason 195]

For my package I only included a print out of my court documents that the clerk emailed to me, I didn't get an RFE and just took the certified disposition to the interview where the IO swapped out the print out for the certified one.