Remote work: Physical Residency vs Mailing Address

[okgotravel 0]

Hi all!

 

I'm almost done filling an I-130 petition for my spouse, but hitting a snag on the addresses, and hoping I can get some advice. I've searched online and in the forums, but haven't found a clear answer yet.

 

I initially filed for a K1 visa over a decade ago. Because my wife was an EWI after not returning to her country voluntarily on time, she was hit with a 10 year ban (well past over by now). Rather than fight it, I quit my job in the US and "left" the country to be with her. I say "left" in quotes because I never filed for residency abroad. Basically, I kept my mailing address (relatives) and bank accounts the same.

 

I married my wife in her country shortly after arrival, and have been in the country as a "perpetual tourist", taking the odd trip abroad, and to the USA, to renew my tourist visa. I've spent about 99% of the time with my family abroad.

 

Now, nearly all this time, I've been filing and paying USA taxes, and working for USA companies remotely, all who use my USA mailing address, which my drivers license is also tied into.

 

1. My question is, what do I put down for "Physical Adress for the last 5 years"? The address where I live as a tourist with my family, or my USA address?

 

2. If I use my USA address, what do I do for "Information about Beneficiary" where they ask for "the last address you physically lived together"?

 

Thanks for any advice you can offer that helps me untangle this.

 

Edited August 24, 2021 by okgotravel

[chancecody 125]

8 minutes ago, okgotravel said:

Hi all!

 

I'm almost done filling an I-130 petition for my spouse, but hitting a snag on the addresses, and hoping I can get some advice. I've searched online and in the forums, but haven't found a clear answer yet.

 

I initially filed for a K1 visa over a decade ago. Because my wife was an EWI after not returning to her country voluntarily on time, she was hit with a 10 year ban (well past over by now). Rather than fight it, I quit my job in the US and "left" the country to be with her. I say "left" in quotes because I never filed for residency abroad. Basically, I kept my mailing address (relatives) and bank accounts the same.

 

I married my wife in her country shortly after arrival, and have been in the country as a "perpetual tourist", taking the odd trip abroad, and to the USA, to renew my tourist visa. I've spent about 99% of the time with my family abroad.

 

Now, nearly all this time, I've been filing and paying USA taxes, and working for USA companies remotely, all who use my USA mailing address, which my drivers license is also tied into.

 

1. My question is, what do I put down for "Physical Adress for the last 5 years"? The address where I live as a tourist with my family, or my USA address?

 

2. If I use my USA address, what do I do for "Information about Beneficiary" where they ask for "the last address you physically lived together"?

 

Thanks for any advice you can offer that helps me untangle this.

 

Hi there,

 

Your situation is unique and from my perspective, they are asking for “your physical addresses for the the last 5 years whether inside or outside the US.” You should always tell the truth and nothing but the truth. They will know anyway based on your passport entry and exit record. If you put the US address as your “physical address” but you were not really present PHYSICALLY 99% of the time, it looks like a lie to me. You can use the Additional Information page to add comments about your situation (ie the US address is a mailing address in reality).

 

Putting the foreign address will actually help your situation as you were living with your spouse in a foreign country together. If you put that you were “living in the US” but you were actually living abroad, you are not being truthful.

 

My USC spouse is not in the same situation so this comment is not based on personal experience but based on opinion.

 

 

 

 

[okgotravel 0]

Thank you for your insight @chancecody
 

I agree with your assessment and that's the line of thinking I'm on as well, but looking for confirmation in case I've got it wrong somewhere.

[pushbrk 12,897]

Mailing and postal addresses being different is not a problem.  Just tell the truth.  Later, at the NVC stage, you will be asked in which country you are "domiciled".  THEN is where you indicate USA.  Whether the domicile issue will be an issue at all, depends on the country you've been living in.  If Canada, can be problematic.  If the Philippines, for example, minimal issue.  You don't mention the country.  Perpetual tourist, 99% etc. tends to bring the Philippines to mind.