AOS - Field Office Location

[shilari36 0]

Hello all,

 

Newbie here, I need some advice about the Adjustment of Status through marriage. I met my other half in 2021 in California while I was on a visit (VWP). I reentered the US earlier this year on an H-2B visa currently working in Pennsylvania, we got married in Oct 2022 in California. My spouse is a US citizen and she works full-time in California but unfortunately, my visa ties me to the work location and switching employer/location is complex. Eventually, I want to move to California and this leads us to AOS!

 

I recently had consultations with a couple of attorneys here in Pennsylvania but got a few conflicting advice  But I heard people in this forum are kind and helpful so, here hoping someone can shed some light on the below and any tips

 

The conflicting advice is about the field office location for the interview. Attorney A says the field office/Interview will be at Pennsylvania as I-485 is based on my address. Attorney B, on the other hand, says the field office will be in California as the petitioner is based there and that if I want the attorney to be at the interview it would cost extra for his time, travel and stay etc. We are fine with either location but what I don't want to do is hire a lawyer who is not familiar with or has less experience with the marriage-based AOS process.

 

And before you ask the reason to hire an attorney, there are a couple of potential issues (red flags) which I will save it for next conversation 

 

 

Thank you in advance 

 

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to AOS from Work/Student/Tourist Visas forum ***

 

9 hours ago, shilari36 said:

Attorney A says the field office/Interview will be at Pennsylvania as I-485 is based on my address.

 

The AOS form is the I-485, not the I-130.  So yes, the AOS interview will be at the field office that has jurisdiction over the applicant's residential address listed on the I-485.

 

Note that if you move to a different address, you must notify USCIS within 10 days via AR-11 or the change address form online.  If you move to California while your AOS is pending AND you properly notify USCIS of your move AND USCIS timely reflects the change in their system, your case will likely be transferred to California.  If your interview is still scheduled in Pennsylvania even after you change address and you are not able to get a confirmed re-schedule to California, you must inform the USCIS officer at the interview that you already moved to a different state.

 

[shilari36 0]

On 12/13/2022 at 8:59 AM, Chancy said:

*** Moved from IR1/CR1 Process & Procedures to AOS from Work/Student/Tourist Visas forum ***

 

 

The AOS form is the I-485, not the I-130.  So yes, the AOS interview will be at the field office that has jurisdiction over the applicant's residential address listed on the I-485.

 

Note that if you move to a different address, you must notify USCIS within 10 days via AR-11 or the change address form online.  If you move to California while your AOS is pending AND you properly notify USCIS of your move AND USCIS timely reflects the change in their system, your case will likely be transferred to California.  If your interview is still scheduled in Pennsylvania even after you change address and you are not able to get a confirmed re-schedule to California, you must inform the USCIS officer at the interview that you already moved to a different state.

 

Thank you Chancy for your response.

 

Sorry I should have mentioned, we recently leased a new home in California and the lease is on both our names. This is the address we consider as our permanent one and the Pennsylvania address only temporary while AOS is in progress. The moment I get EAD (or GC approval) I will be moving to California. What address should I be putting in I-485 in this case?