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Posted

Background:

I am a petitioner (sponsorer), and got I-130 approved from USCIS. I live in the USA while beneficiary lives abroad.

I filed I-864 with NVC. Beneficiary submitted DS-260 form and waiting for interview (does not have a date yet).

Question:

If I move to a new address within the USA, while application still pending with NVC, who and how to update about my change of address? Also, when to do it?

USCIS webpage says to submit I-865 within 30 days of moving, while NVC webpage says simply submit this information via online public query form.

My dilemma is, if the application is pending with NVC, am I required to I inform USCIS by submitting I-865? Also, if I-865 is even required for NVC?


Please provide official reference to your response for being absolutely sure. Thanks you in advance.

Filed: F-2A Visa Country: Nepal
Timeline
Posted

You would file i865 only if the person who you provided i864 becomes the GC. So no need to do anything with USCIS yet. Just update your new address with NVC.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Filed: F-2A Visa Country: Nepal
Timeline
Posted (edited)

When the person you sponsored comes to US and becomes an LPR, then you have to file i865 so they have your new address. NVC or embassy will not update your new address to USCIS.

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Posted

@arken

I called both NVC and USCIS.

 

NVC said that I should change my address only with them, and they would notify to US consulate abroad.

 

USCIS said that because I-130 has been approved and currently there is no pending application with them, they would not need I-865 at any stage. 

 

So your answer appear half correct that I should notify to NVC, but the part that I should file I-865 with USCIS after the beneficiary becomes permanent resident is not clear. Are you able to provide a reference to support your answer? I will appreciate! 

Filed: F-2A Visa Country: Nepal
Timeline
Posted
1 hour ago, Sponsorer20 said:

@arken

I called both NVC and USCIS.

 

NVC said that I should change my address only with them, and they would notify to US consulate abroad.

 

USCIS said that because I-130 has been approved and currently there is no pending application with them, they would not need I-865 at any stage. 

 

So your answer appear half correct that I should notify to NVC, but the part that I should file I-865 with USCIS after the beneficiary becomes permanent resident is not clear. Are you able to provide a reference to support your answer? I will appreciate! 

What i said is completely correct not half, you just didn’t get the complete info from them. The reference is the i865 instructions itself. You can find when and why you need to send i865.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Posted (edited)

@arken 

 

The reference you are providing on I-865 instructions (or I-864 specifically) is applicable in case beneficiary is already present in the USA and petitioner would have to file I-485 (adjustment of status) with USCIS. When I spoke with USCIS over the phone, they said that because I would not be filing I-485, I would not need to file I-865 with USCIS, and notifying only to NVC about my change of address would be sufficient. 

 

Anyway, I still can file I-865 with USCIS once beneficiary becomes permanent resident. Even if it is not required by them, it will not harm. At least I know that I do not have to file anything before beneficiary becomes a permanent resident.

Edited by Sponsorer20
 
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