What address to list for "current" if on a tourist visa?

[captal 2]

What address should I list on my wife's g-325a as her "current" address if she is on a tourist visa? We lived in Singapore together until Nov-2011 but she was also on a tourist visa in Singapore, so the last address we have a joint lease at is in Japan, which ended in May-2011.

Should I put her parent's address as her "current" address, or the address we have been staying at in the US? Using the US address didn't seem to make sense to me since she is on a tourist visa, but she also hasn't lived at her parent's address since 2009.

Additionally- we have a rather lengthy list of places we've lived in the last 5 years. We've moved almost 20 times (mostly from our time on working holiday in Australia where we went all over the country) Do you think it's acceptable to put a few major addresses and either leave some off or mark it as time "traveling?"

[Harpa Timsah 13,258]

Put where you live right now, and no, it's not okay to lie or fudge things. You'll have to attach a separate sheet and detail every move.

[captal 2]

But what counts as a residence? Every single place we stayed? Every hotel? There were times we were in a hotel or with friends between places- it doesn't make sense to list those as a place of residence.

[Harpa Timsah 13,258]

But what counts as a residence? Every single place we stayed? Every hotel? There were times we were in a hotel or with friends between places- it doesn't make sense to list those as a place of residence.

It is a simple question and requires a simple straight forward answer, even if the answer is long. I wouldn't try to pass "permanent resident" for some place she hasn't been for 3 years. Use your judgment about true traveling. If it is one night, then it's pretty clear it's traveling. What you seemed to suggest earlier is that you were going to try to pass off semi-lengthy stays as mere traveling. I'd use a separate page to explain an accurate picture of her residences, as it asks.

[captal 2]

Well not just her residences, but mine as well (I was wondering about her's specifically for "current" residence). It really isn't a simple question for us. We moved to Australia in Feb of 2010, stayed with a friend for a month in Tasmania, stayed with another friend for a month in Brisbane, moved to Melbourne, signed a lease for 3 months. Then we moved to 2 more places in Melbourne for a month each- one with a hand written lease and one verbal. After that we stayed on a farm for a couple weeks, did a homestay for 4 days, stayed on another farm for 2 weeks, stayed with friends for a couple weeks, and then signed a lease in Main Beach.

Not that simple. (that doesn't include our addresses in Japan or Singapore either!) My thought process right now is to list the places we signed leases, and list the time in between as "Traveling- working holiday visa" with the states and dates traveling listed.

Edited February 4, 2012 by captal

[captal 2]

Here's another tricky situation... we're currently in California where I am looking for work. I was planning on using my parent's address in Chicago as the main address for all documentation- does that mean that my wife would have to fly back to Chicago for biometrics and her interview?

Perhaps I should use a friend's address here in CA - but that might cause problems in retrieving mail.

[Harpa Timsah 13,258]

Captal: Take a step back. I understand that you have stayed a lot of places. But you are being sly with a straightforward question. It actually is quite simple, just lengthy. For this case, residence means where you were. Keep it simple. Take a separate sheet, and detail all the places you were. Yes, detail the one month leases, the 3 month leases. The whole thing. If you can't remember, that's fine, but I think glossing over three years of history will get you in trouble.

Huge problem: You want to put your parent's address in Chicago but you live in CA??!?! That is... not smart. You cannot do that. You would have to fly out for biometrics as well as the joint interview (both of you fly). Once they realized that you don't actually live in Chicago, they would transfer your case to CA anyway and that would cause delay. You do know that they can do home visits - imagine an officer shows up to your parent's house, and you don't live there! Put your address NOW. If it changes, you can let them know. There is a system in place for changing your address while a case is pending.

You seem to be hung up on "permanent addresses" and that is not what they are looking for. You don't live at your parent's house, even if you have a Chicago ID, and continue to vote in IL. Answer the question plainly and simply. Interpret literally. Don't make up convoluted stories about what place was your "real" address. Put where you were when they ask. Put where you are now when they ask.

Edited February 4, 2012 by Harpa Timsah

[captal 2]

It's not that we live in CA yet- it's that we're out here looking for work for me. We don't have a residence- we're just in a hotel now. I could try and find somewhere longer- like an extended stay hotel or something- and use that address, but that doesn't make a lot of sense either though as the forms ask for the address you intend to live at, which is definitely not a hotel.

I realize this is a very messy situation, and I wish I didn't have to deal with job searching and applying for my wife's AOS at the same time, but I do. I'm just trying to figure out the best way to get this done legally and cleanly.

Thanks for all your replies- they're very helpful in thinking this through.

Edited February 5, 2012 by captal

[Gaijinsan 3]

It's not that we live in CA yet- it's that we're out here looking for work for me. We don't have a residence- we're just in a hotel now. I could try and find somewhere longer- like an extended stay hotel or something- and use that address, but that doesn't make a lot of sense either though as the forms ask for the address you intend to live at, which is definitely not a hotel.

I realize this is a very messy situation, and I wish I didn't have to deal with job searching and applying for my wife's AOS at the same time, but I do.

If you are filing for AOS, then you are suggesting that your wife has an address in the US at which she currently intends to reside. I was originally going to suggest that you use her registered domicile (in the honseki) in Japan, but that wouldn't be right unless you were filing IR-1/CR-1 and she was planning to go back to Japan to complete the process.

Actually, this does raise a good question. Why doesn't your wife go back to Japan until you get everything sorted out in the US? There are some very significant risks to attempting AOS from entry under the VWP -- not least of which is the fact that if your AOS is denied, your wife will have no right of appeal.

Think carefully about what you want to do. I strongly suggest you have a consultation with an immigration attorney before proceeding. (You can have a one hour consult, might cost you $100-200... money well spent in your case, I believe.)

[captal 2]

Why doesn't my wife go back to Japan while we get everything sorted out? Because I'd prefer not to be separated from her for 9-12+ months. And because I have a perfectly legal way to keep her here while her greencard is processed (advised to me by an immigration officer at secondary). I didn't even know what an AOS was until we were inside the US and looked up how to get her greencard without sending her home- I had always thought that she had to be outside of Japan when we applied.

What are the "very significant risks" that you are talking about? We had no intention of immigration when we came to the US- it was originally as a holiday and then we were going to head to Australia for my next contract. That didn't work out, so we had to make a decision on what to do. From what people have told me here (though they are not immigration attorneys) they cannot make us prove whether we intended to migrate or not anyway (which apparently is documented in a legal case).

It sounds like the best thing to do is establish a permanent residence before we put her paperwork in. I'm currently looking for month to month leases in the area we are in. Perhaps I'll talk to an attorney as well, it's not bad advice.

Edited February 5, 2012 by captal

[Gaijinsan 3]

Because I'd prefer not to be separated from her for 9-12+ months.

Fair enough! Actually I was mostly just wondering since it sounds like the two of you are still trying to get settled in, which I would imagine would be a real pain in the you-know-what when you add in immigration hassles to it.

And because I have a perfectly legal way to keep her here while her greencard is processed (advised to me by an immigration officer at secondary). I didn't even know what an AOS was until we were inside the US and looked up how to get her greencard without sending her home- I had always thought that she had to be outside of Japan when we applied.

Adjusting from VWP is indeed perfectly legal, and it happens all the time. I don't want to unduly alarm you by means, but there are just a few wrinkles to be aware of, and if you're not aware of these quirks AND if things go wrong, you could have a big mess on your hands.

This is more a general heads-up for readers of this thread than for you, capital: As for the immigration officer, I would only add that sometimes they don't give out fully accurate information, or information that may not fully apply to the situation. Even with good intentions, they might lead you astray. Proceeding based on wrong information based on what one of the inspectors tells you will not, unfortunately, carry any weight with USCIS, right or wrong. There are several legal precedents for this. It ain't necessarily fair, but it is what it is.

What are the "very significant risks" that you are talking about? We had no intention of immigration when we came to the US- it was originally as a holiday and then we were going to head to Australia for my next contract. That didn't work out, so we had to make a decision on what to do. From what people have told me here (though they are not immigration attorneys) they cannot make us prove whether we intended to migrate or not anyway (which apparently is documented in a legal case).

I think your case of VWP entry will not be a problem. But, one of the "quirks" of using VWP is that, buried in the fine print, your wife also had to waive away many of the rights that visa holders have when they enter the U.S. such as the right to appeal USCIS decisions to an immigration judge, etc. Without knowing the particulars of your case, no one could say for sure but assuming there's nothing amiss there, it is overwhelmingly likely your wife's AOS goes through smoothly. But if it doesn't, one of those rights waived away could come back to haunt her.

There had been reports not so long ago of the USCIS San Diego office taking a very dim view of VWP AOS cases. I can't comment firsthand and I have no idea if it is still going on today, but it's the kind of thing that would be best to know about, if possible. That's why I think a consultation with an immigration lawyer would be useful. He/she will know the local scene and you'll be able to go into any messy details you'd be wise not to discuss on a public forum.

In general I don't think lawyers are needed at all for immigration cases unless you need a waiver of inadmissibility, have a past overstay, your case is exceptionally complex, or if you are adjusting from VWP. That's just one man's opinion, of course.

One last thing: according to your timeline, your wife entered the US on November 18, right? By my math, she's been in the country for 12+31+31+4 = 78 days. If you are going to adjust from VWP I strongly advise you to file before the 90 days are up, then things start to get messy. The last thing your wife needs is to start accumulating overstay, especially with the rights that have been waived under VWP.

It sounds like the best thing to do is establish a permanent residence before we put her paperwork in. I'm currently looking for month to month leases in the area we are in. Perhaps I'll talk to an attorney as well, it's not bad advice.

Setting up a permanent resident would make the process a lot less stressful, I think. Good luck! I hope it works out well for both of you and you have a great time living in California. We'll be returning soon ourselves and I can't wait!

[Gaijinsan 3]

Here's some info related to San Diego and VWP adjustments. Sounds like it was the overstay case in particular they were taking a dim view toward:

http://www.cavanaughlegal.com/adjustment-of-status-aos/adjustment-of-status-on-the-visa-waiver-program-vwp/

Anyway, seems that things are better now but best not to take any chances.

[captal 2]

Thanks for the info and the link. You're right- she is nearing the end of her tourist visa. I'd like to have everything sent out within a week, as her visa expires on Feb 15th. I think our case is pretty straightforward compared to some I've read here, so I'll apply and hope for the best. I need to make sure I get everything in "the packet" the first time.

If there are issues I'll have to get lawyers, senators and whoever else I can get ahold of involved, but I hope it doesn't come to that.

So it's apartment hunting time... even if the first place isn't perfect, at least it establishes a residence, and we can change addresses if necessary.

[Gaijinsan 3]

I need to make sure I get everything in "the packet" the first time.

It's best to get everything in there, of course, but if it comes down to getting it in on time or having everything complete, go for the former. Worst case, they just send you an RFE and you send in the missing item(s) later.