What address am I suppose to use?

[Amy-Rose 0]

I am getting married in a week, but we're filling out the forms ahead of time. I'm from Canada and I came with no documentation (we have a waiver or something). I've been here since August, and we just decided to get married about 3 weeks ago (no intention). Anyways...

Am I suppose to put my address in Canada where I still legally live, or do I put my address where I'm residing right now (and have been since August) with my fiance's? I thought I'd have to put my legal information, but my fiance says that I should put my address as his as it's where they can find me. Does anyone know the answer? Thanks in advance!

[Amy-Rose 0]

I am getting married in a week, but we're filling out the forms ahead of time. I'm from Canada and I came with no documentation (we have a waiver or something). I've been here since August, and we just decided to get married about 3 weeks ago (no intention). Anyways...

We got the license a few days ago, and the woman saw I was from Canada, and I asked her if I should put my address in Canada or my husband's address as to where they can find me. She told me to just put down my husband's address as that's where I'll be living now. But, can I just assume that? I told her about Immigration, but she said it was going to be fine. Is it? Is it alright that she filled out my address as my husband's, or should I go back and demand she change it to my Canadian address? I just want to make sure I'm doing this right the first time to avoid complications. Thanks in advance!

[YuAndDan 153]

Moving this, you are NOT adjusting status from a family based visa like a K-1

[YuAndDan 153]

Was you entry documented?? You say un-documented, did you sneak across border??

Anyway address on marriage license is fine, it is address you will eventually live at.

[YuAndDan 153]

You are not adjusting status from a family based visa unless you entered on a K-1 or K-3 visa.. Moving..

[Amy-Rose 0]

Hey, sorry that I posted these in the wrong category, I thought as he was my "family" it'd be under this thread, sorry! But thanks for moving it for me. Anyways, I didn't sneak over. The US doesn't require Canadians to have a visa to just come and visit. So, I just went to the airport with my passport, and they let me through. So... ya, lol.

[Amy-Rose 0]

Thanks for moving it! Would you know the answer as to if I'm suppose to use my "new" address, or my legal address on all the forms? Thanks!

[zeezawrydan 1]

You use the address where you are staying in the US.

[tbaygrrl 2]

Hey, sorry that I posted these in the wrong category, I thought as he was my "family" it'd be under this thread, sorry! But thanks for moving it for me. Anyways, I didn't sneak over. The US doesn't require Canadians to have a visa to just come and visit. So, I just went to the airport with my passport, and they let me through. So... ya, lol.

My opinion would be to go back and to have your Canadian address put as the address at which you live. The reason is, that you are here only visiting your finace, you are not "living" with him, even though you can come across and be here for 180 days without a visa. Your actual home and place of residence is Canada. By placing his address as your home address it could raise red flags when you begin your visa process, they could really scrutinize it . Just be safe and have it reissued with the address change.

Hope this helped

[Kathryn41 3,205]

duplicate threads merged.

[JimVaPhuong 4,863]

My opinion would be to go back and to have your Canadian address put as the address at which you live. The reason is, that you are here only visiting your finace, you are not "living" with him, even though you can come across and be here for 180 days without a visa. Your actual home and place of residence is Canada. By placing his address as your home address it could raise red flags when you begin your visa process, they could really scrutinize it . Just be safe and have it reissued with the address change.

Hope this helped

I don't think the OP is applying for a visa. I think she is applying for AOS. In that event, her address in Canada is her last address abroad, and her address in the US is her current address.

[tbaygrrl 2]

I don't think the OP is applying for a visa. I think she is applying for AOS. In that event, her address in Canada is her last address abroad, and her address in the US is her current address.

Still doesn't matter. She is in the States visitng her fiance. If you come across as a visitor, and are married while here visiting, the address that you would put on your marriage license application is the current address at which you live, which in this case is Canada. When she files for the AOS that is when she would use her husbands address. As, AOS'ing after the marriage, is where she would get the OK to "live" here if approved, but till then she is a visitor because she did not come on a visa being she is Canadian. As I posted before, it may raise a red flag that she planned on coming to the States to be married (which she said was not her intention) or it may not raise a red flag. But I would say why risk it. It really is your call. If your stomach is in knots have it changed. Don;t rely on a clerk in a county office to give you immigration info because as many of us have experienced, most folks have no clue what the steps or procedures are of US immigration. Go with your gut on this one,

Edited December 22, 2010 by tbaygrrl

[JimVaPhuong 4,863]

Still doesn't matter. She is in the States visitng her fiance. If you come across as a visitor, and are married while here visiting, the address that you would put on your marriage license application is the current address at which you live, which in this case is Canada. When she files for the AOS that is when she would use her husbands address. As, AOS'ing after the marriage, is where she would get the OK to "live" here if approved, but till then she is a visitor because she did not come on a visa being she is Canadian. As I posted before, it may raise a red flag that she planned on coming to the States to be married (which she said was not her intention) or it may not raise a red flag. But I would say why risk it. It really is your call. If your stomach is in knots have it changed. Don;t rely on a clerk in a county office to give you immigration info because as many of us have experienced, most folks have no clue what the steps or procedures are of US immigration. Go with your gut on this one,

I don't agree. The address you submit for a marriage license is completely irrelevant. Preconceived intent hinges on what your intentions were at the time you entered the United States. It's perfectly legal if your intentions changed after you entered, and you intend to remain in the US at the time you marry. There is no requirement that you must intend to remain a 'visitor' right up until you submit an I-485. Your intentions could change the moment after you clear US immigrations, and it would be perfectly legal.

What's more, USCIS cannot deny an AOS application for preconceived intent alone, even if they have solid proof that the intent existed. This was different long ago when INS would routinely deny AOS because of preconceived intent, but this changed with the Battista case in 1987, when the Board of Immigration Appeals determined that an immigration judge screwed up when they upheld a denial solely for preconceived intent. The Board explained that while preconceived intent is a serious negative factor, it is outweighed by the positive factor of being an immediate relative of a US citizen. This is a precedent case cited in the Adjudicators Field Manual, and which immigration officers are required to study. Without further proof that the alien lied about their intent to an immigration officer, USCIS will not deny for preconceived intent.

While an address on a marriage license might be construed as intent at the time the applicant signed the marriage license, it is not proof of intent at the time the applicant entered the US.