which address to use on AOS forms?

[CluelessAmerican 0]

In a couple weeks my fiancee and I will get married and we'll concurrently file I-130/I-485/I-765/etc. Her current roommates (fellow members of her J-1 visa program) are moving to a new place in a few days, but because my fiancee will be moving in with me soon, she won't be on the new lease. She'll be staying there for a little while, no more than a month or so, while we arrange for her to move in with me. (She could probably move in sooner, but several months ago I committed to letting a close friend stay with me for a few weeks this summer, that is, before we could anticipate our current plans. There isn't room for three people in my small apartment.)

 

Am I correct in assuming that in the paperwork we file with USCIS, my fiancee's address should reflect whatever her physical residence is at the time it's submitted? It makes me a little nervous listing an address that we can't legally demonstrate she lives at (since she won't be on the lease). Is that a concern? The alternative would be to put my address, but it would only be accurate a few weeks later.

[Coco8 1,042]

So you'll marry but not  live together immediately?

 

It is not a good idea to have different addresses. That would go against proving this is a bona fide marriage. You can hold off until you live together to submit AOS. 

[CluelessAmerican 0]

21 minutes ago, Coco8 said:

So you'll marry but not  live together immediately?

 

It is not a good idea to have different addresses. That would go against proving this is a bona fide marriage. You can hold off until you live together to submit AOS. 

I was wondering about that as well. We don't have to get married or submit AOS exactly in the timeframe we have in mind. The issue is that her J-1 expires June 30, and the grace period to stay in the country ends July 30. We are concerned that filing for AOS after the grace period ends might be a problem, not so much because she can technically be deported but because it might jeopardize the application.

 

I read tonight that visa overstays of that sort are not a problem if you're married and filing for AOS, but I wasn't sure how secure that was, and it seemed better to file as soon as possible. It sounds like showing it's a bona fide marriage (via same address) is more important.

 

Another thing I hadn't considered until tonight is that it may take some time (not sure how long) to get a certified copy of the marriage license, so we might not be able to file for AOS before July 30 regardless.

Edited June 27, 2017 by CluelessAmerican

[azblk 338]

On 6/26/2017 at 11:43 PM, CluelessAmerican said:

I was wondering about that as well. We don't have to get married or submit AOS exactly in the timeframe we have in mind. The issue is that her J-1 expires June 30, and the grace period to stay in the country ends July 30. We are concerned that filing for AOS after the grace period ends might be a problem, not so much because she can technically be deported but because it might jeopardize the application.

 

I read tonight that visa overstays of that sort are not a problem if you're married and filing for AOS, but I wasn't sure how secure that was, and it seemed better to file as soon as possible. It sounds like showing it's a bona fide marriage (via same address) is more important.

 

Another thing I hadn't considered until tonight is that it may take some time (not sure how long) to get a certified copy of the marriage license, so we might not be able to file for AOS before July 30 regardless.

Overstay will not jeopardize the applications. Instead of setting arbitrarily for yourselves you are better of waiting and making sure you do things right. For instance don't file under you have the same address and you anticipate being there for a while because USCIS has been known to drop the ball on even a thing as simple as an address change.