Filing I-130 for CR-1, very complicated address situation

[77W 0]

First off I'm very grateful this website exists as it has a wealth of incredibly useful information provided by the members. Unfortunately I find myself in a bit of a weird and unusual situation in regards to my current and former addresses and this is resulting in some serious grey hairs as I'm about to file an I-130 for CR-1 with my USC petitioner (I'm the beneficiary). I couldn't find any past threads of someone having the same exact issue so I felt I had to reach out and ask for help with my situation. I'll start with the biggest concern that I have. 

 

1. For the past two years I lived in country A (not my home country) working there full time until a recent trip to the US (admitted as B1-visitor) during which I subsequently got laid off from my job in country A, and now ended up spending considerably more time in the US than what I had originally planned for. Now I have no reason to go back to country A and I no longer have an address there as of the day I was laid off. I'm staying/living with my USC petitioner in the US at the moment (again, B1-visitor status) but will go back to my home country (country C) after we have filed the I-130 and before my permission of stay expires. I will not stay and AOS, we're doing the CR-1 process. I haven't lived in country C in a few years, and only have an intended address where I will be living once I get there. I went from living and working in country A to basically no solid physical address anywhere. So, on the I-130 and I-130A for "beneficiary current physical address" what should I write? Here are my thoughts, please share yours.

 

- I can't put my last and now former address in country A, I haven't been there in months and won't return

 

- I can't put the current address where I am staying now with my USC petitioner because I'm "only visiting/only staying temporarily/not living full time etc"  according to some past posts on this forum

 

-This leaves me with address in country C, I haven't been there in years, and I'll be moving there only once I arrive in the country after we have filed the I-130. The question asks for "current physical address". How could this qualify as my current physical address when I haven't been in said country in years and won't be there until after we file the I-130? 

 

Further to follow up and to make this situation even more painful given my situation, on the I-130 Part 4. question 59. Provide the last address at which you physically lived together. If you never lived together, type or print “Never lived together”.  Several people on this forum have stated that "only visiting/only staying temporarily/not living full time etc" at your spouses' address still means this question should be answered "NEVER LIVED TOGETHER". If I were to type this, I would only be left with choosing address in country C as my "current physical address". Again, I'm staying with the USC while I am here on B1-status AND in between addresses so refer to previous comment. At the same time it feels very counterintuitive to write the "never lived together" when we have indeed been living/staying together for the past months here.

 

2. More address headache! Before moving to work in country A, I was in and out of the US and country C in the following manner in the past 5 years:

US on a student visa for 3 months ->

left US and then came back on VWP literally immediately for a few month stay, lived in the same address that I had while as a student ->

left to country C for a month->

obtained B1/B2 for very specific reasons the VWP was unsuitable for, spent another 4 months in the US as B2 visitor ->

moved back to country C for one year ->

moved to US again on student visa, stay for 8 months ->

back to country C for two weeks ->

back to US for 3 months on student visa but change of address in the US on arrival from earlier address while on 8 month stay ->

country C for 2 weeks ->

move to country A for past two years ->

current situation = no "current physical address" anywhere except in the US, with my petitioner, while I'm here on B1 status, leaving once we've filed the I-130

 

The time I have spent in the US has been quite sporadic between student/visitor status, regardless the amount of time spent in country is quite significant yet always in non-immigrant status, so would I list the addresses that I lived in while in the US in the address history questions? Or list the "official address" that I kept throughout this time in country C until moving to country A for work? This kind of goes back to the whole issue of listing addresses if "only visiting/only staying temporarily/not living full time etc". Some past threads have contradicting information from long time members on situations similar to my second problem. I understand the members here do not provide legal advice but I really don't want pay an attorney to figure out how to put down my addresses on the form just because of the complexity of the situation. I simply want to avoid an RFE or any confusion from the part of the USCIS/NVC/consulate as they would most likely have my past addresses while I was in the US as student and I don't want anything I write on the forms to contradict what they may have.

 

This is the only thing holding us from filing the I-130 packet so advice would be greatly appreciated. If we can find an answer to this I'll be able to put down my addresses in the same format for all future forms in the exact same way and hopefully won't have to scratch my head about this ever again.

 

[Suze1 366]

Yes, that is a lot of moving around...smile.

 

A simple question/idea -

Since you plan to return to your home country immediately AFTER filing the I-130, why not merely go back home first, get yourself a stable address, and then have your spouse start the spousal visa process, as per usual?

You will have quite a wait anyway, so the few extra days or weeks won't make that much difference in total, as far as I see.

Just an idea.

 

[77W 0]

Hey Suze1, 

 

Thanks for the response. Your suggestion about filing once I would get back to my home country is logical, yet I feel more comfortable with us filing the I-130 together before I depart. Even still, if we were to file after I've established a physical address in my home country, I'm still left with the dilemma of problem 2. and the part about having lived together with my spouse.

 

Anxiously waiting for any further replies to this thread.

[Suze1 366]

edited

Edited August 12, 2020 by Suze1