Form i485 Question

[VJ28 3]

6 minutes ago, Rocio0010 said:

No. But I understand where @Dashinkais coming from and I respect them.However, to me, that would contradict with what your I-94 says. But that’s just me. I like my documents and dates to match the reality. Consult with attorney

Two attorneys have said what you said

[Dashinka 24,900]

32 minutes ago, Rocio0010 said:

No. But I understand where @Dashinkais coming from and I respect them.However, to me, that would contradict with what your I-94 says. But that’s just me. I like my documents and dates to match the reality. Consult with attorney

Since the immigrating spouse was here on a B2, I would think their address back home was not abandoned at the time of arrival since the path to AOS was not determined yet.  Regardless, I agree with you that it is a little nitpicking, but if I was an IO (and to be clear, I am not), seeing the last foreign address end date the date of entry on a B2 it might raise a little suspicion.  I know intent is determined at the border, but an IO can revisit that if desired.

 

 

[VJ28 3]

3 minutes ago, Dashinka said:

Since the immigrating spouse was here on a B2, I would think their address back home was not abandoned at the time of arrival since the path to AOS was not determined yet.  Regardless, I agree with you that it is a little nitpicking, but if I was an IO (and to be clear, I am not), seeing the last foreign address end date the date of entry on a B2 it might raise a little suspicion.  I know intent is determined at the border, but an IO can revisit that if desired.

 

 

What would you believe would happen if an IO were to revisit that if desired?

[Dashinka 24,900]

5 minutes ago, VJ28 said:

What would you believe would happen if an IO were to revisit that if desired?

Probably nothing, but who knows, some IO’s can be very nitpicking.  This is why I suggested putting the “to” date on the farmer foreign address as the date you both decided to take the AOS route.

 

Good Luck!

[VJ28 3]

Very interesting answers

[Rocio0010 5,674]

49 minutes ago, Dashinka said:

Since the immigrating spouse was here on a B2, I would think their address back home was not abandoned at the time of arrival since the path to AOS was not determined yet.

I can see that too.

49 minutes ago, Dashinka said:

IO (and to be clear, I am not

Reminds me of the thread yesterday saying that there have been times where IO have admitted to have seen some profiles here in VJ. And I thought oh boy now we’re going to get all paranoid hahahaha

[Rocio0010 5,674]

47 minutes ago, VJ28 said:

What would you believe would happen if an IO were to revisit that if desired?

1. Call ICE immediately

2. ICE comes and deports you without giving you a court date. 

I AM JUST JOKING. I Want to believe that they have more pressing issues to look at other than just nitpicking addresses and dates. 
Also, if you get asked during your interview, always be honest and say that you were not certain what date to put. Honesty goes a long way

[VJ28 3]

13 minutes ago, Rocio0010 said:

1. Call ICE immediately

2. ICE comes and deports you without giving you a court date. 

I AM JUST JOKING. I Want to believe that they have more pressing issues to look at other than just nitpicking addresses and dates. 
Also, if you get asked during your interview, always be honest and say that you were not certain what date to put. Honesty goes a long way

😂

[Family 4,254]

“Physical address”= physical address. As @Rocio0010clearly indicated the Foreign physical address ( not residence ) ends when you left that country. 
The physical address in the US starts on date of entry and there are issues with being forthcoming and certainly no timing to AOS decision required…( since there is no scrutiny for immigrant intent). Ideally husband and wife begin living together ( as in shared physical address) on date of marriage. 
OP has so far consulted 2 attorneys on the issue, and I am baffled as to why it is of such concern. 

[Rocio0010 5,674]

44 minutes ago, Family said:

Physical address”= physical address

Thank you. I tend to interpret things too literally. I guess it’s a pro in this case

 

45 minutes ago, Family said:

OP has so far consulted 2 attorneys on the issue, and I am baffled as to why it is of such concern. 

I think OP is scared of USCIS thinking there was immigrant intent under a B1/B2. I say this based on this post and a previous one. 
To OP: intent is determined at the POE. You can actually find many posts here in VJ of people who were presumed to have immigrant intent who were refused entry. That’s not your case as long as you were honest about the purpose of your visit. If it makes you feel better, then follow Dashinka’s advice.

My last advice: If you do decide to AOS and stay, this is not going to be your last step in immigration. You’ll have your ROC in about two years, and maybe citizenship if you so wish. And in between, hopefully not, there might be some bumps down the road, such as RFEs, interviews without immediate approvals, and loooooong periods of time in which your application will be sitting on a desk collecting dust. Therefore, if you worry so much you’ll have a horrible time that can stress you out and put a strain on your relationship. Calm down

[VJ28 3]

6 hours ago, Rocio0010 said:

Thank you. I tend to interpret things too literally. I guess it’s a pro in this case

 

I think OP is scared of USCIS thinking there was immigrant intent under a B1/B2. I say this based on this post and a previous one. 
To OP: intent is determined at the POE. You can actually find many posts here in VJ of people who were presumed to have immigrant intent who were refused entry. That’s not your case as long as you were honest about the purpose of your visit. If it makes you feel better, then follow Dashinka’s advice.

My last advice: If you do decide to AOS and stay, this is not going to be your last step in immigration. You’ll have your ROC in about two years, and maybe citizenship if you so wish. And in between, hopefully not, there might be some bumps down the road, such as RFEs, interviews without immediate approvals, and loooooong periods of time in which your application will be sitting on a desk collecting dust. Therefore, if you worry so much you’ll have a horrible time that can stress you out and put a strain on your relationship. Calm down

I was leaning towards putting literally the physical address at the time. So the day of exit so I can be consistent with my i94. Like you said

[Dashinka 24,900]

4 hours ago, VJ28 said:

I was leaning towards putting literally the physical address at the time. So the day of exit so I can be consistent with my i94. Like you said

But keep in mind, B2 visitors do not generally change their physical address (I.e. update their mailing address), until they make the decision to stay and adjust.  Think about it like this, I enter the US on a B2 and stay in a hotel for two weeks, then I meet someone decide to get married move in with my spouse and adjust status, do I put the hotel address as one of my past physical addresses?  I would not.

[VJ28 3]

1 hour ago, Dashinka said:

But keep in mind, B2 visitors do not generally change their physical address (I.e. update their mailing address), until they make the decision to stay and adjust.  Think about it like this, I enter the US on a B2 and stay in a hotel for two weeks, then I meet someone decide to get married move in with my spouse and adjust status, do I put the hotel address as one of my past physical addresses?  I would not.

Yes but for the previous address not in the US, I cant say I was last physically there on AoS day because The day it was decided to do AoS, I was physically in the US. How can I put my physical presence at a location when I was’nt present there. 

[Letspaintcookies 2,310]

If we want to make a voting I'm completely with @Dashinka for the exact same reasons. 

[VJ28 3]

5 minutes ago, Letspaintcookies said:

If we want to make a voting I'm completely with @Dashinka for the exact same reasons. 

What date would you put for the “To” of the oversees address? 
 

option 1: Date of last physical presence

option 2: Date when AoS was decided