Question about where to File Papers

[Tipu 0]

My brother and his wife filed for I-130 in California roughtly 2 years ago. everything was processed here as well.

after 6-8month he moved to NJ for few months on a contract. and wife stayed here. then his project got extended and he rented a palce and his wife moved there as well.

problem is on month week notice his project keep getting extended for months. his plan is still to come back to california.

since the plan is always being coming back and never to live there so we didn't file AR-11 or I-865

now we are at the point to file for my sister-in-laws I751.

and we are a little confused.

we are planing to send paper from California and in answer to question 9 we are listing other address and explaination why they are living in NJ.

any idea if that is ok or we should file from NJ. problem with filing from NJ is we don't know how long this project would stay. depending on current economy state who knows.

Greatly appreciate any help.

[46]

My brother and his wife filed for I-130 in California roughtly 2 years ago. everything was processed here as well.

after 6-8month he moved to NJ for few months on a contract. and wife stayed here. then his project got extended and he rented a palce and his wife moved there as well.

problem is on month week notice his project keep getting extended for months. his plan is still to come back to california.

since the plan is always being coming back and never to live there so we didn't file AR-11 or I-865

now we are at the point to file for my sister-in-laws I751.

and we are a little confused.

we are planing to send paper from California and in answer to question 9 we are listing other address and explaination why they are living in NJ.

any idea if that is ok or we should file from NJ. problem with filing from NJ is we don't know how long this project would stay. depending on current economy state who knows.

Greatly appreciate any help.

The intent here is irrelevant. The second your brother's wife moved to NJ, she had to file an AR-11 within a short time-frame. She should do so immediately. The rule of thumb is that if you let them know before they catch you, you're fine on these small lapses. If the contract ends and your brother and his wife move back to California, they file another AR-11.

The I-751 will be filed from NJ to VSC. To file at California explaining why you have a NJ address will result in a rejection or worse.

This is the only right way to complete the process and will result in the least trouble. Plenty of people here have filed AR-11s late without problems. If you like, your brother's wife can include an explanatory letter about the reason for the AR-11 delay stressing an intent to comply with the law.

Edited March 7, 2009 by Gerard

[Tipu 0]

Thank you so much for your reply...

1 more question is it ok to use our California address as mailing address or should we use his NJ address there as well.

[John24689 0]

They should file the AR-11 online and get a confirmation number. I am sure they missed the 10 day requirement, but it is best they do it now. There is not a date of moving to be filled out on the AR-11, if I remember correctly.

If they are filing while living in NJ, I would not even think of putting a CA mailing address. That would raise a red flag. They should put the NJ address.

When filing the I-751, I would suggest sending a copy of the online AR-11 with the confirmation number. I know that the NJ address would be on the I-751, but it is different from when they filed the I-130. If the AR-11 is not included, then it could cause problems because of the previous CA address.

Just my opinion. Good luck to them.

I suggest they register on VJ and fill in a timeline so it can be helpful in answering questions. If not, they maybe you want to fill in the timeline for them. It is nice that you are trying to be helpful.