separated filing I-751 jointly - anything different when filing?

[1/2Cuban 0]

We are hoping to get some advice or feedback from others who are separated and have filed jointly. Our marriage was entered in good faith, we are filing jointly, and have some co-mingled finances is there anything we need to do to address the fact that we are separated?

My husband and I have been separated and living apart for a while.

Long story short, what started as a cross-country move for a job eventually turned into our decision to separate. We have since both moved several times and since so many things were uncertain, we did not file AR-11 and have always used my parents house as our permanent mailing address for really important stuff, especially immigration as we didn't want anything lost.

We were planning on continuing to use my parents house as our permanent address, but some of the evidence we are submitting contains other addresses.

We don't want to red flag our situation but don't want to provide too little or too much information either.

Should we submit a separate sheet listing addresses or will that be problematic since we do not have corresponding AR-11s?

We thought about sending AR-11 before applying, but my husband will be moving again in a month or so and we don't want things getting lost.

Any advice on what to do?

As evidence we are submitting:

1. tax returns from 2007 & 2008

2. Joint savings account

3. Joint credit card account

4. Health insurance

5. Life insurance

6. Recent pictures from visits

thank you in advance for your advice

[JimVaPhuong 4,863]

Filing an AR-11 is not just a matter of convenience, or to make it easier for USCIS to send correspondence to you. You are required under section 265 of the INA to notify USCIS within 10 days when you change residence. Failure to do so can actually be grounds for removal. USCIS has a statutory requirement to maintain records of the residence of every alien legally residing in the US. At any time during your conditional residency, ICE could have chosen to pay an unannounced visit to your residence of record. If they found you weren't living there, they could have initiated removal proceedings, and ended any chance of removing conditions.

In fact, in this thread, the OP's I-485 was denied. One of the reasons cited was because their landlord told a field investigator that her husband didn't live in the same apartment. Apparently, they never even talked to the OP when they visited - they just talked to the people in the leasing office of the apartment complex.

The first thing you should do is file the AR-11 to show your current address. Next, you might want to reconsider submitting evidence that shows a different address, unless perhaps you want to claim the address on the evidence was for mailing only. If your separation is going to end with divorce, then it might be better if don't file jointly, and ask for the waiver based on divorce. If you do this, then the fact that you're not living together won't be relevant.