Address change for both USC and fiance b4 filing AOS

[olutayo82 0]

Hi Guys,

I put this question out on the AOS thread. Hopefully, we can get some answers here too.

Thank you once again,infact everytime

I do have a situation.Infact, i don't know if it is a difficult situation but i still need honest answers.

I will appreciate any suggestions.

Here it goes.

I as the USC fiance, i used my current address during the 1-129F, 1-134 i.e K1 Visa stage with the USCIS.

Now that his visa got approved, he would be coming to the U.S in April.

I as the US citizen got another apartment which we would be moving to before the wedding. ASAP i.e in April too (so completely different address now)

I was wondering on the AOS form, do i put the new address or still use the old address.

Does he have to fill out AR-11 and USC also fill out the appropriate form cos technically, he has not lived with me in the current address that we used for the petitions?

I don;t know if this question makes any sense, but i will appreciate honest opinions.

Thanks in advance.

[k_quandary 0]

I can only tell you what I would do. Since the I-129F process is over and you are starting a completely different process with the I-485, I would use my new address (where you will be living in April when you apply) on that form. I think you only have to do the AR-11 and I-865 if you move after you have sent in your AOS application, so moving before you apply should have no effect.

K.

[Peter&Dana 0]

k_quandary is correct.

I also moved between filing I-129F and I-485 and I never indicated any of that to USCIS. I just put my new address on the I-485 and never worried about the old address. Everything worked out fine.

[olutayo82 0]

Thank you very much.I will just put the new address on it then.

Thanks again.Men, this site is great with questions and answers.

[Mr. Big Dog 10,747]

I think you only have to do the AR-11 and I-865 if you move after you have sent in your AOS application, so moving before you apply should have no effect.

k_quandary is correct.

Who Must Comply?

All aliens in the United States who are required to be registered under the law (INA § 262 and 261) must keep the USCIS informed of their changes of address. The only aliens exempt from this requirement are diplomats (visa status A), official government representatives to an international organization (visa status G), and certain nonimmigrants who do not possess a visa and who are in the U.S. for fewer than 30 days (INA § 263).

Source

The change of address notification requirement via the AR-11 form applies to anyone who is not a US citizen and who is in the US for more than 30 days (with the above quoted exceptions).

The I-865 obviously only needs to be filed once an I-864 has been submitted which only occurs when the I-485 is actually launched. So, no I-865 but definitely an AR-11.

[Mand 1]

Will you be at the new address when he comes over in April? Then he should also give this address at the POE. And you can use this address for AOS without an AR-11. That is what we did.

If you haven't moved by the time he enter the U.S., then he will give the current address at POE and as Reinhard said, will file the AR-11 as soon as ye move.

[Mr. Big Dog 10,747]

Will you be at the new address when he comes over in April? Then he should also give this address at the POE. And you can use this address for AOS without an AR-11. That is what we did.

If you haven't moved by the time he enter the U.S., then he will give the current address at POE and as Reinhard said, will file the AR-11 as soon as ye move.

[olutayo82 0]

Will you be at the new address when he comes over in April? Then he should also give this address at the POE. And you can use this address for AOS without an AR-11. That is what we did.

If you haven't moved by the time he enter the U.S., then he will give the current address at POE and as Reinhard said, will file the AR-11 as soon as ye move.

No i will not be at the new address yet until after we are married.When he comes into the country, he goes to that address.

Would that change everything as far as the address put on the 1-485?

[Mand 1]

He will have to use your current address coming through POE. He will send off the AR-11 form as soon as you move...even if you have not filed for AOS yet.

For the AOS filing address, it will depend on how soon you are moving after marriage. If it's fairly soon, then wait till you have moved to file. This will prevent any mail mix ups.

As you can see from my timeline, we got our NOA's 10 days after filing our AOS. So you don't want to file for AOS, put in your soon to be new address and not be there to receive important USCIS mail.

[Peter&Dana 0]

I think you only have to do the AR-11 and I-865 if you move after you have sent in your AOS application, so moving before you apply should have no effect.

k_quandary is correct.

Who Must Comply?

All aliens in the United States who are required to be registered under the law (INA § 262 and 261) must keep the USCIS informed of their changes of address. The only aliens exempt from this requirement are diplomats (visa status A), official government representatives to an international organization (visa status G), and certain nonimmigrants who do not possess a visa and who are in the U.S. for fewer than 30 days (INA § 263).

Source

The change of address notification requirement via the AR-11 form applies to anyone who is not a US citizen and who is in the US for more than 30 days (with the above quoted exceptions).

The I-865 obviously only needs to be filed once an I-864 has been submitted which only occurs when the I-485 is actually launched. So, no I-865 but definitely an AR-11.

Hey ET, you are NOT correct on this one dude. This one I know for sure. This quote of yours refers to ALIENS, and the poster is the USC. As long as the significant other puts the proper permanent address that she's moving to on all documentation upon entrance into the U.S., they should be fine.

Edited March 15, 2006 by Peter&Dana

[Mr. Big Dog 10,747]

I think you only have to do the AR-11 and I-865 if you move after you have sent in your AOS application, so moving before you apply should have no effect.

k_quandary is correct.

Who Must Comply?

All aliens in the United States who are required to be registered under the law (INA § 262 and 261) must keep the USCIS informed of their changes of address. The only aliens exempt from this requirement are diplomats (visa status A), official government representatives to an international organization (visa status G), and certain nonimmigrants who do not possess a visa and who are in the U.S. for fewer than 30 days (INA § 263).

Source

The change of address notification requirement via the AR-11 form applies to anyone who is not a US citizen and who is in the US for more than 30 days (with the above quoted exceptions).

The I-865 obviously only needs to be filed once an I-864 has been submitted which only occurs when the I-485 is actually launched. So, no I-865 but definitely an AR-11.

Hey ET, you are NOT correct on this one dude. This one I know for sure. This quote of yours refers to ALIENS, and the poster is the USC. As long as the significant other puts the proper permanent address that she's moving to on all documentation upon entrance into the U.S., they should be fine.

Well, actually I am. For two reasons:

1) The broad statement by k_quandary that you agreed to is plain and simply incorrect. It would be correct only in those cases where the alien arrives after the USC has already moved. Then, the new address would be noted on the I-94 upon arrival and it's all good since the alien does not move in that scenario. Only in that scenario, though. It has nothing to do with whether or not there is any application pending at USCIS at the time of the move which is what has been suggested. That's incorrect.

2) The alien fiance(e) and USC in this here example will NOT move to the new address until AFTER they are married. Or so the OP has us know. The alien fiance(e) needs to arrive prior to getting married. Hence, the alien fiance(e) needs to indicate the original address on the I-94 and then owes the AR-11 to the USCIS upon moving to the new address.

In case you missed it:

No i will not be at the new address yet until after we are married. When he comes into the country, he goes to that [current] address.

Just trying to keep it straight. It is important that people know that an AR-11 is to be filed when an alien (resident or non-immigrant visa alike) moves from the address on file with the USCIS. There are exceptions but a K1 does not fall into these exceptions. It matters not whether the alien has any applications pending with USCIS at the time of the relocation. The AR-11 is to be filed. Penalties may apply for non-compliance.

Edited March 16, 2006 by ET-US2004

[Peter&Dana 0]

Can you sense how hard I'm rolling my eyes at you right now? Know it all. (j/k)

[Mr. Big Dog 10,747]

Can you sense how hard I'm rolling my eyes at you right now? Know it all. (j/k)

Roll all you want. Again, I think people should not be led into believing, however unintentional, that as long as there's nothing pending with USCIS at a time of a relocation, a non-citizen here as a resident or on a non-immigrant visa of some sort does not need to advise USCIS of a relocation.

[k_quandary 0]

Ok. I said that I didn't know but... let's read some of the OP's facts again.

First of all, the OP asked

on the AOS form, do i put the new address or still use the old address.

I think the answer depends on where the fiance is living when the application is filed (which I read to be the "new" address and that the fiance will never have lived at the "old" address and I also was under the impression that the fiance can write whatever address they want on the I-94 - doesn't have to be the "old" address but it would be the "new" address since that is where the fiance will be living).

Next, I thought the AR-11 only was needed if her fiance writes one U.S. address on any form be it the I-94, I-485, etc.

The first post,

... he would be coming to the U.S in April.

I as the US citizen got another apartment which we would be moving to before the wedding. ASAP i.e in April too

Then, in the next post,

No i will not be at the new address yet until after we are married.

Maybe I read this wrong but I thought the fiance will be going to live at the new address when he arrives. If this is the case the "new" address will be the address on his I-94 and then on his AOS. Then, I thought the only person moving was the USC which for AOS I did not think her address change would matter unless she moved after she files the AOS.

If the new address is used for the fiance when he arrives and for all of his forms then he wouldn't have to send in an address change. I think the issue came because there will be a different address on the I-129F (the OP's "old" address) and I thought the OP was wondering about the apparent conflict between the two, but maybe I just read it wrong. I thought she was the only person moving and that he will go to the new place when he arrives and will be filiing from there. Maybe I am just confused.

K.

[Peter&Dana 0]

Maybe I read this wrong but I thought the fiance will be going to live at the new address when he arrives. If this is the case the "new" address will be the address on his I-94 and then on his AOS. Then, I thought the only person moving was the USC which for AOS I did not think her address change would matter unless she moved after she files the AOS.

If the new address is used for the fiance when he arrives and for all of his forms then he wouldn't have to send in an address change. I think the issue came because there will be a different address on the I-129F (the OP's "old" address) and I thought the OP was wondering about the apparent conflict between the two, but maybe I just read it wrong. I thought she was the only person moving and that he will go to the new place when he arrives and will be filiing from there. Maybe I am just confused.

K.

You're not confused. This is how I read it as well, and I know I wasn't mistaken in my post, but I gave up on wrestling with VJ posters long ago. So, my suggestion is, if you know your new address now and your new fiance has not arrived in the country, both of you should start using your new address on every form you fill out from now on and you'll have zero problems.

Yup. Zero.

I'm done with this thread.