my fiance is moving before my arrival

[Rebecca Jo 1,962]

I wonder if this will work?

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c1a94154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Purpose of Form :

To report the change of address of an alien in the United States. If you are subject to Special Registration, see Form AR-11 Special Registration.

IN the United States. As in "already in". Not standing at the Port of Entry.

Edited October 12, 2011 by Rebecca Jo

[VanessaTony 3,567]

Read the message, it's from the USCIS Website... It specifically says all Non-US Citizens.. Whether or not you have a application in Process...

Re-Read...

The USCIS Link - USCIS

Regardless of who you agree with, it is quite clear on thier website...

Yes you said it was from the USCIS website, but I could tell you that the USCIS website says that bunnies are illegal but without a link I would possibly have to search for ages or trust your opinion.. which, quite honestly, I don't.

Here's another link for you: http://www.uscis.gov/files/form/i-485.pdf scroll to page 5. You'll see a pretty section called "Registration with USCIS". Read that section and THIS section lists the AR-11 and how only NOW by signing the I-485, required to maintain a change of address.

That said filing the AR-11 isn't a big deal, it's just basically pointless for the OP. I would write the new address on the I-94 and then on the I-485 documents. No drama.

[Rebecca Jo 1,962]

Okay.

This link refers to the INS; the legal guidance appears to have been written in 2003 or shortly thereafter. The requirement that an alien register their address with USCIS springs from Section 262(a) of the Immigration and Nationality Act. I looked at 262(a) and the language has not been modified since this attorney wrote this piece. So, while he refers to the INS, the legal interpretation of this section of code from the INA still stands. I have posted pertinent snippets from his article.

http://www.americanlaw.com/alienreg.html

"In addition to special registration procedures, the INS is also enforcing a previously-existing requirement that all aliens in the United States notify the INS of a change of address within 10 days. These general registration procedures apply to all aliens, with only limited exceptions."

"Under the existing regulations at 8 CFR §264.1(a), the INS registers entering nonimmigrants using Form I-94 (Arrival-Departure Record). Therefore, aliens who are issued Form I-94 are not required to be registered again unless their address changes subsequent to the issuance of Form I-94."

[LoveLoveLove 18]

Okay.

This link refers to the INS; the legal guidance appears to have been written in 2003 or shortly thereafter. The requirement that an alien register their address with USCIS springs from Section 262(a) of the Immigration and Nationality Act. I looked at 262(a) and the language has not been modified since this attorney wrote this piece. So, while he refers to the INS, the legal interpretation of this section of code from the INA still stands. I have posted pertinent snippets from his article.

http://www.americanlaw.com/alienreg.html

"In addition to special registration procedures, the INS is also enforcing a previously-existing requirement that all aliens in the United States notify the INS of a change of address within 10 days. These general registration procedures apply to all aliens, with only limited exceptions."

"Under the existing regulations at 8 CFR §264.1(a), the INS registers entering nonimmigrants using Form I-94 (Arrival-Departure Record). Therefore, aliens who are issued Form I-94 are not required to be registered again unless their address changes subsequent to the issuance of Form I-94."

thank you so much Rebecca for your sensible insights of the process, everyone had a point here, my fiance called USCIS today just to make sure, and you are right, there is no need to report the new address... i can just write the new adress on my I94... thank you so much for your intelligent inputs

[LoveLoveLove 18]

Script:

USCIS says: Mr Kenny, we are not going to renew your wife's greencard...

Kenny Says; why is that sir.

USCIS Says; Mr Kenny, the process is clear, you must maintain a current address with USCIS and you failed to do that..

Kenny Says; well, my wife put the address on the I-94, because we were told by a VJ member, that was ok...

USCIS says; Mr Kenny, that is not the Published Process.. You must submit the AR-11 as defined in the instructions...

How sad would any of us feel if our Spouses were taken away from any of us due to a simple oversight or misunderstand... I would be devastated.. Taking 2 minutes to complete the AR-11 per the instructions, is simple thing to do and is according to the process defined by the USCIS...

That is the advise that VJ'rs should give...

Hi kennym thank you so much for the concern, if i were to think also, i would have let my fiance file for the change of address also, but he called USCIS today and told them about our situation, they said we dont have to file for AR-11, and we can get through the POE without any problem..

this whole process sure is a roller coaster ride.. this is why i am happy im in VJ where people help each other... so this is another lesson learned,so the next time another member encounter a situation like mine, we can give our proper advice too... thank you so much everybody!

[LoveLoveLove 18]

at least your fiance has told you they are moving before your arrival. my mom sent me to school one day and forgot to tell me she was moving and i got home to an empty house... i think thats why i have issues now

i'd freak out if this happens to me? yeah, good thing he told me he is moving or else i would end up going to his parent's house without him there. God knows if he wants to run away from me hahaha!

[kennym 275]

lovelove, please be careful about listening to people at the USCIS hotline... There is plenty of stories about the wrong information comming from them...

The rest of you, the items you quoted say the same thing as I've been telling you.. They do not say, not to report, specifically it says all aliens are required to report change of address... The AR-11 specifically states "ALL ALIENS"...

Every thing you guys are quoting states all non us citizens are required to report... Are you reading the content of the links you are posting...

See this link near the bottom of the page....

Source - Additional Information - Source

Additional Information

The address reporting requirement should not be confused with renewal or replacement of lawful permanent resident cards (Form I-551) or replacement of other evidence of alien registration, such as the Form I-94, Arrival-Departure Record; I-186, Nonresident Mexican Border Crossing Card; I-688, Temporary Resident Card; or, I-766, Employment Authorization Document.

I have beat this issue to death.. And have dificulty with the fact that all the sources everyone refers me to, states specifically what I have been saying... Read your sources, you will find that all Non-US Citizens are required to report, and the I-94 does not count for the AR-11...

I guess, if you choose to do otherwise, it's your lives.. But the sources everyone has pointed to, are all extremely clear... I wouldnt risk my immigration..

For the Item above person, refering to Special Registration, It is a special category, See Below...

See Source

The National Security Entry-Exit Registration System (NSEERS, INS Special Registration)[1] is a system for registration of certain non-citizens within the United States, initiated in September 2002 as part of the War on Terrorism and terminated as of April 27th, 2011 [2]. This system has two separate portions: port-of-entry registration and domestic registration. In each case, the registree is required to be fingerprinted, photographed, and interrogated. In addition, they are required to provide detailed information about their plans and updates to the US Immigration and Customs Enforcement (ICE) in case of changes in plans. They are also able to travel to and from the US via certain ports only.

So, I've about beat this to death, those that dis-agree, it's ok, but I would recommend that everyone who is concerned about ensuring their family Immigration Status do thier own research...

Kenny

[Dan & Jenni 457]

lovelove, please be careful about listening to people at the USCIS hotline... There is plenty of stories about the wrong information comming from them...

The rest of you, the items you quoted say the same thing as I've been telling you.. They do not say, not to report, specifically it says all aliens are required to report change of address... The AR-11 specifically states "ALL ALIENS"...

So, I've about beat this to death, those that dis-agree, it's ok, but I would recommend that everyone who is concerned about ensuring their family Immigration Status do thier own research...

Kenny

omg dude not only is everyone on here wrong but now your saying USCIS are also wrong??? GET A GRIP MAN!!!!!!

[kennym 275]

omg dude not only is everyone on here wrong but now your saying USCIS are also wrong??? GET A GRIP MAN!!!!!!

OMG Dude!!

You cant read?

Read then comment...

Interesting, either you cant read, or you simply want antoginize...

If you dont realise it by now, USCIS often gives the wrong info.. Read the posts, it's there in my posts, I gave the link, then comment inteligently after you read it..

"OMG Dude", is not an inteligent reply...

Edited October 12, 2011 by kennym

[kennym 275]

yeah but ive got a funny feeling it wont haha

Really, just because it worked for someone, it's clearly contrary to the law and I wouldn'r risk.. kind of like drinking and driving... Lot of people drive stinking drunk and nobody gets killed, does that mean we should all do it?

Seriously, I simply dont get the issue with following the rules...

It simply is you guys dont like to be corrected then admit someone else knows something as well...

[kennym 275]

As i said, earlier, I've provided links to the rules, you guys have provided the same links and apparently havent read the stuf you've referenced,, I was trying to help.. You can do whatever floats your boat.. I suggest following the rules rather than risk you loved ones immigration status, you guys would rather fight over something that is extermely clearly defined..

Why?

Cant read? Don't like it when someone corrects you?

As i said, you can do it however you want.. for me and my family, I will take the 2 minutes and fill out the form.. you guys can choose to do it however makes you happy..

Someone asked for the requirement.. it is quiet clear, and I suggest they research it themself...

Edited October 12, 2011 by kennym

[kennym 275]

Guys,

Rebecca, and all of you... My sincerest appologies..

Although the rules are quiet clear, it seems I am not having any success with explaining them.. So rather than get dragged into this seemingly endless circle of posts, I just want to back out of this continuous discussion that's going nowhere..

Seriously, this is genuine, and I am sorry.. I was trying to help, but clearly I wasnt able to...

Kenny

[Dan & Jenni 457]

"OMG Dude", is not an inteligent reply...

6.30am that is quite intelligent for me lol

the reason i disagree with you is not because i cant read lol... it is because i can read and ive read all the posts on here and followed all the links provided and ive made my judgement from that. like you though that is my own personal interpretation of what ive read and at the end of the day it is always up to the OP to decide for themselves what to do. i do think that USCIS are right in this case because of what a previous poster said who was in the same situation.

you are right though... this discussion is going round in circles lol

[Rebecca Jo 1,962]

I just want to acknowledge Kenny's apology. I'm not trying to keep the circular discussion going either. I have a job and a life and really couldn't get to posting till just now.

Kenny, I would like to say this to you. And really not in a condescending way. Really.

US immigration law is complex. It's so complex that it's a specialized field of law - an "immigration attorney" will practice nothing else. I don't know this just from hanging around forums. I worked in the legal field for 15 years, and hope someday to return to it. My boss was a real estate attorney and he wouldn't touch immigration matters with a 10 foot pole. His college roommate (on the other hand) became a US Attorney and lead the team of lawyers who crafted the changes to the INA in 1996 (not bad for a boy from West Virginia).

So why does this matter?

Because sometimes, something we read on USCIS isn't as clear as it seems. There can be layers to a situation or a question. There is of course the law itself, the INA; there is the Field Adjudicators Manual (the FAM); there are Interoffice Memoranda; there are internal Consular Memos; there is the Board of Immigration Appeals (the BIA); and volume after volume of case law. To make matters worse, there is the Department of Homeland Security under which USCIS, CBP, ICE, TSA and other agencies operate - together but very separately in order to create a system of checks and balances. And of course, there is the Department of State (re: Consular Memos referred to above).

I hope this helps you understand why some of us were advising as we were.

And to Vanessa - I wouldn't go so far as to agree with you that an address change need not be reported until adjusting status. Everything I dug up on this issue pointed to the fact that any different address AFTER the address reported on the I94 should be reported. So, in my understanding, if the K1 entrant moved to a different address (other than the address stated on the I94) before adjusting status, they should report that address. Caveat being to report that address ONLY IF they are still within the window of their I94. No alien should report an address change if they are out of status (I94 has expired) without the advise of an immigration attorney. And I read that in one of Kenny's links he posted.

Peace to all.

Edited October 13, 2011 by Rebecca Jo

[TBoneTX 46,288]

there are Interoffice Memoranda

Thank you for using the correct plural of "memorandum." Too few do.