Applicants place of residence question for AOS on Tourist visa

[LPR_filer 2]

This question applies to folks who are filing Concurrent I-130 / I-485.
I am applying for AOS for my parents who are on B2 visa, do I include my current address as their place of residence on G-325 for the past few months? clearly on 485 we are indicating my current address is where they will do AOS.

Also, as they "visited" USA few times before in the past five years, do I include that duration of stay as well when giving information about Applicants place of residence in the past 5 years? (it was a period anywhere from 5 to 12months in different visits)

[EM_Vandaveer 2,417]

Are you a USC?

[EM_Vandaveer 2,417]

Assuming you are a USC :

Yes, their current address is where they reside right now, in the US. As for place of residence in the last 5 years, I'd list the US address they stayed at while visiting, given the long stays.

[aaron2020 11,651]

You do not include their visits where they returned home as periods of residency. They were residing in India with visits to the US.

Do not list their visits as periods of residency. Residing in the US with a visitor visa is illegal. USCIS will think that they were living here illegally in violation of their visitor visas.

[LPR_filer 2]

Thank you for the replies.

Yes, I am a US citizen. sorry forgot to mention that in first place.

So @aaron2020 just to clarify, you suggest...

a) list the current stay (since the day they entered on B2) as residence.

b) no need to mention the list of earlier stays (that were purely as a visitor)...

If their earlier stay was for a short duration like 3 months or less I wouldnot bother to mention.... but there is a period where they stayed for almost 12 months in USA (valid stay as they applied for extension of status and it was approved)...

i'm concerned, if we ignore to mention that 12 month stay, if it amounts to misrepresentation....

[EM_Vandaveer 2,417]

You do not include their visits where they returned home as periods of residency. They were residing in India with visits to the US.

Do not list their visits as periods of residency. Residing in the US with a visitor visa is illegal. USCIS will think that they were living here illegally in violation of their visitor visas.

But they were here legally, according to OP once even for a full 12 months with an extension. Are they supposed to list them as living in India during that year? It's not like USCIS does not know they were here, after all USCIS approved the extension application.

[aaron2020 11,651]

But they were here legally, according to OP once even for a full 12 months with an extension. Are they supposed to list them as living in India during that year? It's not like USCIS does not know they were here, after all USCIS approved the extension application.

They were visiting while their legal residence was in India. That is vastly different from saying they resided in the US. Visitors visit the US. Visitors do not live and reside in the US.

There is a big difference in listing trips to the US vs. declaring a US residence when one is a visitor.

If I visit another country, I still legally reside in the US.

Edited July 11, 2016 by aaron2020

[LPR_filer 2]

Thank you for your replies to all.

A follow-up question or more seeking a confirmation....

when i'm filling G-325A for petitioner (myself) and in the section where I report information regarding my parents,

(City and Country of Residence) for each parent ==> As I am applying for I-130 and I-485 together, I believe now I will mention my current address in USA where they are staying with me.

Edited July 12, 2016 by LPR_filer