CO put me on AP and ask me for forms I-9 pls help!'!!!

[zuluweta 250]

Hi, i have never claimed that I'm a U.S. Citizen, and I've got some letter from previous employers stating I did work for them from-to and the position I had there, my current employer gave me a letter also stating that I have worked with him since 2010, my wife got me a IRS transcript also (I don't know what that is) and I do have a lawyer he helped me filling out a I-864A that the CO also ask me for! But my lawyer pretty much told me that I am on my own now, he didn't gave me any type of advice on what to say in the interview, I thought the CO would ask me questions about my wife and son about how we met, how long we have been married etc, the CO did ask questions about that, but when he asked me about work stuff I freaked out because I wasn't ready to answer that kind of questions, I got too nervous and I believe I didn't answer correct that's why I'm stuck in this whole situation! ? I didn't know what else to do that's why I came here to have some type of advice! And I appreciate you guys taking your time to answer!!

Lawyers are not allowed at the visa interview at the embassy, so yeah, you are on your own when you get interviewed by the consular officer.

[Villanelle 4,121]

I agree with HFM. When they ask you for something you generally need to produce it. With that said all is not lost...

Employers are required to keep your i-9 on file for three years after the date of hire, or one year after the date employment ends, whichever is later. So any job you had prior to 2010- well your explanation is what youve already stated. You do not recall filling one out and the employer stated they no longer have it as they are not required to retain it (if it existed in the first place) any longer.

For your current job that you say you started in 2010- You stated the employer told you they are not required to have an i-9 for you. As someone else stated this is possible when you are paid as an independent contractor and not an employee. You would be able to see if this is the case by looking at the tax transcripts you have. If it shows income was received on a 1099 (NOT a W2) that means you are paid as a contractor. You can point that out to the CO- explaining as a contractor there is no i-9. You can also get a letter from your employer specifically stating the reason why they didnt have you fill out an i-9- you are a contractor.

If your tax returns show you are paid through a W2- then there is no excuse for your employer to not have an i-9. They are violating the law. While this is not your problem (you wont be prosecuted for it- the employer will be the one facing consequences)- you do need to show proof of this to the CO to be approved. You may not be able to get a letter from the job in this case because its unlikely they will write one saying we dont have an i-9 if they are suppose to. But you can ask. Similar to the letter above it would just state we do not have a i-9 on file for Mr Employee and not give a reason why.

In either case you would want the letter to be on company letterhead and include a contact name and number.

[HFM181818 748]

If you worked illegally (as you did) in the US, the employer will try and say anything to avoid having any problems with IRS or ??? They will lose records, claim they never had them or any other story in order to prevent the company from being fined.....the OP, however, will face bigger issues....because a good CO, a thorough CO, will demand an I-9 or anything relevant regarding employment (illegal or otherwise) and will be not be swayed by Bee Ess letters from attorneys stating that the employer 'forgot' or that his client 'misplaced' some requested document....my approach? Simple: either bring what I ask for or be prepared to have your case denied under 221g until the sun burns out....no excuses, no stories, no nothing except what I asked for.....period. No exceptions.....I would guess that there are still several hundred people sitting on their behinds in some developing country, who have yet to produce what I asked for, years ago. I did not believe any stories nor excuses for not being able to bring me what I asked for.....none. Zero.

And attorney letters or phone calls just reinforced my own belief that some kind of baloney was being perpetrated by the applicant....and I had zero tolerance for such baloney. I did not care if the applicant needed 10 years to track down something I asked for....there were NO exceptions to my requests under ANY circumstances, because to allow applicants to provide excuses instead of something tangible only made it easier for fraudsters and visa cheats to succeed....and I did not want that to happen under ANY circumstances...