What if husband and wife are living in different addresses when filing for lifting condition?

[rdubey 0]

Hi,

We are still a few months away needing to file for lifint condition. However, I have a concern:

We are currently in california. My wife, whose GC condition has to be lifted, may have to move to start college in NJ in July, 07. We have to file in August, 07. The instructions say we have to file jointly, but in the service center where we live. Since our service centers will be different, does anyone know where we should file, come August.

Thinkink now to make sure it does not become a problem later.

Will appreciate any info!

[YuAndDan 153]

There is a difference between a college address and where a person's home is.

I work at a college in NY, when a student from out of state or even from out of the county attends the college, applies for residency at the college, the college considers their residency as being their home address, so if they are from California their residence is in California, not in NY.

So when applying to lift conditions show her "HOME" as your home address in California, NJ is just a temporary place of living not her home.

[rdubey 0]

Thanks for the reply.

Just realized another thing.. was wondering if residency would be considered a job or school. My wife would be doing a medical residency..not strictly school, but still a "learning" program.

Would appreciate the clarification..

There is a difference between a college address and where a person's home is.

I work at a college in NY, when a student from out of state or even from out of the county attends the college, applies for residency at the college, the college considers their residency as being their home address, so if they are from California their residence is in California, not in NY.

So when applying to lift conditions show her "HOME" as your home address in California, NJ is just a temporary place of living not her home.

[Nikita2Charles 32]

As long as she's going through college there, you can still file under CALIFORNIA, assuming you are still going to be here in california and keep residence here, if both of you plan to move to NY then NY might be your filing locations. As a college students you can live on the dorm at the university but your home can still be your permanent address. Good luck!!

[YuAndDan 153]

As long as she's going through college there, you can still file under CALIFORNIA, assuming you are still going to be here in california and keep residence here, if both of you plan to move to NY then NY might be your filing locations. As a college students you can live on the dorm at the university but your home can still be your permanent address. Good luck!!

That is absolutely correct!

Also, Residency at a hospital has a different meaning than residency as in where you live.

Another example: If I were away at a college in another state, and I wanted to vote in the elections, I could not vote for a candidate in that state because I am not a resident of that state, my residency is still my home state, and I would vote using an absentee ballot.

Edited November 5, 2006 by YuAndDan

[Yodrak 7]

rdubey,

There are perfectly legitimate reasons why a married couple might be living apart. This is one of them.

Yodrak

Thanks for the reply.

Just realized another thing.. was wondering if residency would be considered a job or school. My wife would be doing a medical residency..not strictly school, but still a "learning" program.

Would appreciate the clarification..

Edited November 6, 2006 by Yodrak