Form i485 Question

[chancecody 125]

18 hours 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.

 

 

I think the OP may be overthinking this as I have never heard of such an issue. However, we should use common sense and be truthful when filling these forms. An applicant with no preconceived immigrant intent can easily answer this question without overthinking.

 

For example, let's say the applicant arrived on Jan 1st as a tourist on B2 and the trip was supposed to be only for 4 weeks. In the event that the family situation changes and the applicant decided to adjust status on Feb 1st, the applicant will not put the Jan 1st as the residence date as technically the applicant was a tourist from Jan 1st to Jan 31st. Did the applicant abandon his foreign residence on Jan 1st?  

 

For me, it was easy because when we arrived to the US, we were staying in hotels and airbnb. When we decided to adjust, we signed a lease and put that date.

Edited April 16, 2022 by chancecody

[VJ28 3]

1 hour ago, chancecody said:

I think the OP may be overthinking this as I have never heard of such an issue. However, we should use common sense and be truthful when filling these forms. An applicant with no preconceived immigrant intent can easily answer this question without overthinking.

 

For example, let's say the applicant arrived on Jan 1st as a tourist on B2 and the trip was supposed to be only for 4 weeks. In the event that the family situation changes and the applicant decided to adjust status on Feb 1st, the applicant will not put the Jan 1st as the residence date as technically the applicant was a tourist from Jan 1st to Jan 31st. Did the applicant abandon his foreign residence on Jan 1st?  

 

For me, it was easy because when we arrived to the US, we were staying in hotels and airbnb. When we decided to adjust, we signed a lease and put that date.

Yes but you weren’t physically present at your previous address on the day you decided to adjust

 

 

also, we are talking about the “To” date of oversees address

Edited April 16, 2022 by VJ28

[chancecody 125]

37 minutes ago, VJ28 said:

Yes but you weren’t physically present at your previous address on the day you decided to adjust

 

 

also, we are talking about the “To” date of oversees address

Yes, however, you were a tourist and technically does not reside in a foreign country yet. For example, supposed you are on vacation in California for 4 weeks as a tourist on B2, your residence is still in your foreign country as you are on vacation and had every intention to come back to your home. If this seems like an issue in your case, you may need to actually consult a lawyer. Best wishes to you.

[VJ28 3]

5 minutes ago, chancecody said:

Yes, however, you were a tourist and technically does not reside in a foreign country yet. For example, supposed you are on vacation in California for 4 weeks as a tourist on B2, your residence is still in your foreign country as you are on vacation and had every intention to come back to your home. If this seems like an issue in your case, you may need to actually consult a lawyer. Best wishes to you.

I understand that. I am confused about it too. It says physical address (see pic). I’ve consulted two lawyers and they believe it’s fine if its the last physical day of presence in prior address

[Ellie_7 103]

Physical address history should be completed with the addresses where the applicant was physically present. A registered mailing address is not necessarily the same.

[VJ28 3]

9 minutes ago, Ellie_7 said:

Physical address history should be completed with the addresses where the applicant was physically present. A registered mailing address is not necessarily the same.

So which option would be better? For the “To”

[Dashinka 24,592]

3 hours ago, VJ28 said:

Yes but you weren’t physically present at your previous address on the day you decided to adjust

 

 

also, we are talking about the “To” date of oversees address

I think you are looking at it in the wrong light.  The word “physical” relates to the address not where the person was physically.  You already know my vote, the “to” date should be the date you decided to AOS it makes the most sense based on the B2 to AOS situation.  If this was something like a student visa to AOS, or another non-immigrant visa where the person establishes a US address then I would choose the date I decided to move in with my spouse.

 

Good Luck!

[VJ28 3]

I honestly cannot decide which is better for my situation.

[Letspaintcookies 2,310]

You heard different arguments and talked to two layers. It's up to you. Nobody here can make a decision for you and it actually sounds like you already made one the way you argue for one side 😉 do what makes more sense for you.

[VJ28 3]

I really don’t know which side makes more sense. If so, I would’ve already done what the lawyers said… I need more opinions on the matter

[Dashinka 24,592]

10 hours ago, VJ28 said:

I really don’t know which side makes more sense. If so, I would’ve already done what the lawyers said… I need more opinions on the matter

As others have said, it is unlikely an IO would really pay a lot of attention to this, but who knows for sure.  If you get an IO that is trying to dig and see if the person adjusting had immigration intent prior to entry on the B2, the “To” date on the I485 for the most recent foreign physical address should be the date of AOS decision, not the date of entry on the B2. This is the safest play, and is easily explained as the intending LPR was not abandoning their foreign physical address when they came over on their B2.

 

Decide what you want, and Good Luck!

[Letspaintcookies 2,310]

At no point is somebody asking about the last day you were physically present at this adress. They just don't. The instructions say that they want you to provide the physical addresses of the last five years. What USCIS does in their forms is differentiating between mailing and physical address and in asking for the physical address they specify that they don't want a mailing address. They simply do not ask about your physical presence. That's what they'll do a couple years from now in case you apply for citizenship. Then they'll ask for physical presence in the US and they clearly say it. Right now they're asking for a physical address and not physical presence.

You're reading something between the lines that is just not there.

 

When did you broke your lease back home ( or called a realtor to sell your house or family to send you your belongings) ? When did you told somebody that you no longer receive mail at your foreign address for good? This would be the day when you gave up living at that address. 

 

[Redro 4,611]

I agree with @Dashinka

In your previous post, you stated you came to the US to travel a little and visit your long term partner... then a month or so after entry you decided to marry... 

 

I'm not sure when you entered the USA but for the first month (before you married) your physical address should be your home country. You probably don't have anything to worry about as you are still in status and the relationship is good right now. So, write date of entry to the US or date you decided to adjust... It really is your choice. Do what makes you feel comfortable. If you are questioned at the interview (and I don't think you will be) you can justify your answer with reasoning... 

"I only stayed with my partner at their home when I first arrived to the US and I put their address down as the place I would be staying" OR "I stayed at various hotels (with my partner) for a week or two when I first arrived so I decided to only say I started living with my partner after we got married". 

 

Don't overthink this... you probably have a few more stressors coming your way as you won't be able to work, leave the country (or maybe even drive) for a few months. 

 

[Redro 4,611]

19 hours ago, VJ28 said:

Yes but you weren’t physically present at your previous address on the day you decided to adjust

 

 

also, we are talking about the “To” date of oversees address

Want to add. I believe there should be no gaps in the addresses. So, put the day of or the day before the address you currently live at today... 

[Letspaintcookies 2,310]

12 minutes ago, ROK2USA said:

Want to add. I believe there should be no gaps in the addresses. So, put the day of or the day before the address you currently live at today... 

I do actually have a gap. In Germany you have to register at a local office when you move. In my case I cleared out of my last residency on the 17th ( they even put a sticker on my ID saying something like no address where the registered address would usually be ) and stayed with my parents for two days before flying to the US where I moved in with my partner on the 19th. So I was basically homeless for two days and nobody cared.