Mailing address & physical address

[twang720 0]

I am on STEM OPT and my husband is U.S citizen. He moved in my place last year in VA but he is not on my lease and his address still with his family in MD. I am really confused about the 1-130 his address part. My husband said i should kept his mailing address and physical address the same which is MD one but it looks like we never been lived together. I just get married couple weeks ago and my visa is expiring next year, so i want to submitting my paperwork asap so i can still work for my job. I want to ask people's suggestion about this addresses. should i just put his physical address to my place since last year or not. He still have MD driver's license though. Thank you

[oneoftheunderdogs 99]

He should change his DL to VA and you should put your address if he is living with you. USCIS doesn't like it when you are supposedly living together, but is DL is still from another state. Why wouldn't you put your address if he is living with you?

[twang720 0]

Because I didn't know he will come to live with me last year and my lease won't end until 2022/09. The lease only have my name on it. We are looking a house next year, but we haven't decided to live in MD or VA, so he didn't change his DL yet.

[Chancy 6,243]

On 10/20/2021 at 3:15 AM, twang720 said:

My husband said i should kept his mailing address and physical address the same which is MD one but it looks like we never been lived together.

 

Answer with the truth.  If your husband lives with you now, then his physical address should be the same as your address.  USCIS will not deny your AOS just because your husband still has a DL from MD while living in VA.

 

His mailing address should be one where you both can safely receive USCIS notices.  If he wants USCIS to mail notices to his parents' address, that's fine.

 

That said, documentary evidence of shared residence is strong evidence of bona fide relationship.  It would be best for your AOS process to have your husband added to your lease documents and for him to get a DL in VA.  Also, VA DMV rules say that new residents must obtain a VA DL within 60 days of moving to the state.