Address 'Move in' Date

[daveonastick 0]

Hi all,

 

Thank you for allowing me to join, I read about the page on Facebook. A little about my background, I arrived in the USA on my visa waiver (WVP) for a 2 week trip with my USC fiancé, on the last day of the trip she asked me not to go home, stay with her in the USA and get married earlier than we planned. We are now married, I have overstayed my WVP and I'm out of status. We are about to file our AOS package.

 

The question I have is, what date do I put in for the 'move in date' to her address for the I-130 and I-1485? Do I put the date I arrived in the USA, the date she asked me to stay with her, the date we are filing the AOS package or another date? I'm not sure if it complicates things, but I also have a lease back in my home country which I'm still paying for as obviously I didn't expect to be moving across the world without notice so I 'legally' haven't left that lease yet. Is it safe for her to add me to her lease in the USA as well?

 

Any help would be gratefully received.

Edited May 16, 2023 by daveonastick
Correct spelling

[Chancy 6,241]

30 minutes ago, daveonastick said:

what date do I put in for the 'move in date' to her address for the I-130 and I-1485? Do I put the date I arrived in the USA, the date she asked me to stay with her, the date we are filing the AOS package or another date?

 

You mean the start date for your US physical address?  It won't really matter much, so take your pick from: the actual date you started staying there, the date your wife asked you to stay, or the date you got married.  If you want to explain your choice, there's a section for "Additional Information" at the end of the forms where you may put a note for clarification, but it is not required.

 

If it's possible for you to be added to the lease of your wife's current residence, go ahead.  It may not be possible before you get your SSN, but it won't hurt your case to be added.  Just don't wait for that before you submit your AOS package.  You are already out of status and deportable.  Submit your I-485 ASAP.

 

[JohnnyForeigner 35]

You said " and get married earlier than we planned"

When it comes to when you previously planned to mary, be aware that it might be an issue regarding immigrant intent etc

[daveonastick 0]

3 minutes ago, JohnnyForeigner said:

You said " and get married earlier than we planned"

When it comes to when you previously planned to mary, be aware that it might be an issue regarding immigrant intent etc

In what sense? As she was my fiancé and I proposed to her in my home country there would always be 'intent to marry'  as I literally asked her "will you marry me" while on one knee just last year. I just didn't intend to marry this month or even this year lol

[daveonastick 0]

29 minutes ago, Chancy said:

 

You mean the start date for your US physical address? 

 

That is correct, my physical US address which is her apartment.

[JohnnyForeigner 35]

3 hours ago, daveonastick said:

In what sense? As she was my fiancé and I proposed to her in my home country there would always be 'intent to marry'  as I literally asked her "will you marry me" while on one knee just last year. I just didn't intend to marry this month or even this year lol

When you were admitted, did the CBP officer ask you the purpose of your visit ? Did you mention you were visiting your fiancee ?

Edited May 16, 2023 by JohnnyForeigner

[daveonastick 0]

20 minutes ago, JohnnyForeigner said:

When you were admitted, did the CBP officer ask you the purpose of your visit ? Did you mention you were visiting your fiancee ?

The guy held a camera up to my face and said welcome back Daniel. That was literally it. Didn’t even look at my passport. This was the new terminal in Orlando which don’t have the tradition booths and are all open. The only words I spoke to  him was “thank you”

[JohnnyForeigner 35]

As I understand it, if you enter on a non immigrant visa or VWP, and subsequently marry, they will at some stage in the process, ask you about intent etc. 

[Chancy 6,241]

1 hour ago, daveonastick said:

The only words I spoke to  him was “thank you”

 

I don't see any possibility that you could be charged for misrepresenting yourself at POE with just the words "thank you" 😆  You won't be asked about intent at your I-485 interview, assuming it won't be waived.  If you do get asked about it, please report back so we can bookmark your case as a very rare example.