Benficiary address in I-130 and beneficiary addresses in G-325

[Moofie37 1]

Hello,

I was wondering what to put in the I-130 form for the benficiary's address. My British spouse is currently living in the US with me but is returning after the 90 days when her Visa Waiver expires. My spouse plans to come to the US again, (either on the Visa Waiver Program or on a visitors visa depending on whehter customs will let her come over). I plan to put my address as the beneficiary address on the I-130 form even though she is not resident in the US because we have a lease agreement on my apartment at that address that we have both signed and I would like to US that in my petition as evidence that we are married and know each other. Would this be the right thing to do because I do not want to give the impression that she is coming over on the visa waiver program with the intention to immigrate?

Also, on the G-325. My spouse has been coming back and forth for roughly 2-3 months for the past year on the visa waiver program. Do I have to list every address for every period of time that my spouse has moved. E.g. My spouse is living with me currently. Before she came to the US, she was staying at her address in the UK. Before that, she was staying with me for about 2 months, and then she was in England at her address before that for 2 months. etc. Do I have to have a separate line for each time she was in the US and in England? Or can I combine them, even though if I combined the periods of time in the US that she has lived here, it would look like she has overstayed the period that she is allowed on the visa waiver. Even though that is not the case.

Thanks,

Moofie37

[canadian_wife 1,823]

Since your spouse cannot live in the US without a proper visa, and a tourist visa or the VWP is not authorized to 'live' in the US, you want to avoid the presuption of that. Your spouse must have a residence in the UK correct? put that down as her address. Her time in the US is a visitor, not 'living'

The only proof of your marriage you need is your marriage licence. And assuming you are married, you obviously know each other since you had to (at least) meet the day of your wedding.

Just my opinion, I'm sure others will weigh in

Good luck

[Nik+Heather 121]

Agree with C_w - being here on the VWP for 90 days is not "living" here, and it is not an official address. In fact, in support of that statement, I'll point out that many times the requirement for needing things like police certificates etc is residency for a minimum of 6 months.

[OBX 51]

Since your spouse cannot live in the US without a proper visa, and a tourist visa or the VWP is not authorized to 'live' in the US, you want to avoid the presuption of that. Your spouse must have a residence in the UK correct? put that down as her address. Her time in the US is a visitor, not 'living'

The only proof of your marriage you need is your marriage licence. And assuming you are married, you obviously know each other since you had to (at least) meet the day of your wedding.

Just my opinion, I'm sure others will weigh in

Good luck

^^ Agree.

[Moofie37 1]

^^ Agree.

Okay. I will do it that way but I am still concerned. How are you supposed to show evidence that you have "lived together" if neither of you have been resident at the same address? In my case, we would visit each other in our respective countries for a couple of weeks every few months or so. Neither of us have "lived" in each other's country.

[IndigoSkies 168]

You want to use your spouse's current, legal, and permanent address. And that seems like her/his current UK address. Stick with the same address across all the forms. Don't flip flop. You'll be asked to provide your beneficiary's address on I130, G325A, I864, DS230, and perhpas on other forms. Keep the address 100% same. If you use E7 as your postal code on I130, make sure you use that same format on all the forms going forward.

Americans don't like flip-floppers. Ask Senator John Kerry.

Edited October 27, 2010 by IndigoSkies

[canadian_wife 1,823]

Okay. I will do it that way but I am still concerned. How are you supposed to show evidence that you have "lived together" if neither of you have been resident at the same address? In my case, we would visit each other in our respective countries for a couple of weeks every few months or so. Neither of us have "lived" in each other's country.

Living together is not a requirement for filing. It is not necessary to prove you have lived together.

I was legally living in the US for 3 years before we filed. 2 of those years I lived with my husband so the question pertaining to us living together applied to us, it does not apply to you

Good luck