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Posted

Bumping because 1) I am asking a similar question but 2) I have no idea where my particular question belongs subforum-wise:

 

The ex and I split a long time ago (2010), but I am still on the hook on the I-864 until he gets his citizenship, hopefully later this year. Honestly, the I-865 was not on my mind when I moved last year in July, but I'm trying to get all our ducks in a row for when he files the N-400, hopefully next week. I've just read the "penalties" section on the I-865 instructions and it states that late filing can attract a $250+ (up to $2000) fine if you simply failed to file. I have no intentions of lying on this form, but has anyone heard of people actually getting fined for failing to timely file? I ask because later this year I have to apply for a moral character evaluation for admittance to the California Bar, and it scares me to think that a simple oversight like this could affect my application. 

 

If anyone can calm me down, it would be much appreciated! The mods/organizers should feel free to split this and stick it somewhere more appropriate if need be. :) 

larissa-lima-says-who-is-against-the-que

Posted

File the I-865 now, but I doubt it will be an issue.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: AOS (pnd) Country: Australia
Timeline
Posted

You'll be fine - we moved 3 times and never sent the I-865 in, until I was told by an immigration attorney to do the form (we had contacted him for help on a new employer getting confused on the I-9 certification for a person pending under ROC).  We sent the I-865 in almost 5 months after moving to our last address, and never sent one in for the other 2 moves, and never got a bill.  I'd be curious to know under what circumstances they might impose the penalty, possibly only if it gets to some type of court case or if they are trying to deport?

K-1

I-129f sent: 5 Jul 2013

NOA1: 11 Jul 2013

NOA2: 10 Sep 2013

NVC: 18 Oct 2013

Consulate: 28 Oct 2013

Packet 3 Received: 30 Oct 2013

Packet 4 Received: 22 Nov 2013

Interview (Sydney): 10 Dec 2013

Admin Review, pending NZ Police Certif

K-1 Approved: 30 Dec 2013

K-1 Received: 2 Jan 2014

Entry (LAX): 20 Jan 2014

Marriage: 25 Jan 2014

AOS

Sent: 3 Mar 2014

NOA1: 10 Mar 2014

RFE (updated Tax Transcript for 2013): 24 Mar 2014 - received 27 Mar 2014, mailed same day

Updated to RFE Response Review: 2 Apr 2014

Biometrics: 1 Apr 2014

Testing and Interview Notice: 21 Apr 2014

Notice of Appointment Letter: 6 May 2014 - received 9 May 2014

EAD/AP Production: 20 May 2014

EAD/AP Received: 24 May 2014

Interview Date: 11 Jun 2014 - APPROVED!!!

GC received: 19 Jun 2014

ROC

Sent: 14 Mar 2016

NOA1: 16 Mar 2016

Biometrics: 8 Apr 2016

RFE 18 Oct 2016 - response received 19 Nov 2016

Card produced - 24 Jan 2017, Mailed 27 Jan 2017

Card received 1 Feb 2017!

N-400

Sent:  7 Mar 2017

NOA:  14 Mar 2017

Biometrics 10 Apr 2017

Interview:  17 Jan 2018

Oath:

  • 6 months later...
Posted
On 2/8/2017 at 10:17 PM, rjbntsk said:

You'll be fine - we moved 3 times and never sent the I-865 in, until I was told by an immigration attorney to do the form (we had contacted him for help on a new employer getting confused on the I-9 certification for a person pending under ROC).  We sent the I-865 in almost 5 months after moving to our last address, and never sent one in for the other 2 moves, and never got a bill.  I'd be curious to know under what circumstances they might impose the penalty, possibly only if it gets to some type of court case or if they are trying to deport?

Hi, I am also in the I-865 situation. We filed AR-11 when we moved(filed late) but didn't know about I-865 till now. And we already filed ROC a month ago and received NOA1 and Biometrics. I wonder if it is really necessary to file I865 at this point. You didn't have any problems with ROC because of change of address, did you?

Posted

My husband never did sign the I-865 (even though I put it in front of him and said LEGALLY you MUST sign this!) for me to send and my ROC was just fine.  I made sure to do my AR-11 though! 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Posted

Without doubt the AR-11 is more important, but I would certainly submit an I-865 now if I knew that I was meant to but hadn't.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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