I-865 Pending AOS

[slavaskii 886]

Hi all. Just wanted to make sure I was understanding this correctly; if AOS is still pending, the sponsor does not need to submit a Form I-865 confirming change of address, correct? Or update their address through any other means? My wife already did the AR-11, but I wanted to make sure that I don't have the obligation to file the Form I-865 yet because the sponsorship agreement is not technically "in force." This question was asked and answered in 2021 in this thread, though I'm unsure if anything has changed since then and/or if there are other recommendations (such as, if it's advisable to send the Form I-865 anyway). For context, my wife's AOS from K-1 has been pending for almost 13 months and we have not received any notice of interview though Emma (for what it's worth) said it was waived back in July.

 

Thanks in advance.

Edited August 21, 2023 by slavaskii

[Mike E 11,741]

30 minutes ago, slavaskii said:

This question was asked and answered in 2021 in this thread

Consensus was to file I-865, and I agree.

[TBoneTX 45,661]

It's commendable that you did your research here before asking.  Highest respect for that.   

[slavaskii 886]

1 hour ago, Mike E said:

Consensus was to file I-865, and I agree.

 

Thanks! I only note that @Chancy seemed confident that the best time would be at the AOS interview or immediately after GC if interview waived; someone else mentioned that submitting the Form I-865 may be wrongly asserting that the sponsee is already a GC holder. Am I just overthinking this, is the only important thing just registering the move? I guess my presumption was that until USCIS approves the Form I-485, USCIS doesn't have anything to update because it hasn't given effect to the Form I-864 (which was itself RFE'd early on, signaling to me they never officially "accepted" it).

 

24 minutes ago, TBoneTX said:

It's commendable that you did your research here before asking.  Highest respect for that.   

 

Yes, didn't want to duplicate the thread  I've been thinking about this question since my wife did the AR-11 and was trending towards not filing it based on everything I've read here on VJ, but wanted to see what others' thoughts were. 

[Mike E 11,741]

8 minutes ago, slavaskii said:

Thanks! I only note that @Chancy seemed confident that the best time would be at the AOS interview

I interpret 

differently from you.

 

The civil penalties are significant if you: do not file, are wrong, and are caught. Whereas there is no downside to filing I-865.
 

[Chancy 6,243]

On 8/20/2023 at 10:33 PM, slavaskii said:

I only note that @Chancy seemed confident that the best time would be at the AOS interview or immediately after GC if interview waived; someone else mentioned that submitting the Form I-865 may be wrongly asserting that the sponsee is already a GC holder.

 

I agree with @Mike E -- there's no downside to filing I-865.  Although I-865 is not required pending AOS, it would not hurt your (beneficiary's) case to submit one anyway.  Also, note that the I-865 is signed by the sponsor, and there's no statement anywhere on the form by the sponsored immigrant(s) misrepresenting their status.

 

[slavaskii 886]

10 minutes ago, Chancy said:

 

I agree with @Mike E -- there's no downside to filing I-865.  Although I-865 is not required pending AOS, it would not hurt your (beneficiary's) case to submit one anyway.  Also, note that the I-865 is signed by the sponsor, and there's no statement anywhere on the form by the sponsored immigrant(s) misrepresenting their status.

 

Thank you! I sent the Form I-865 promptly via Priority Mail Express. Ironically, USPS managed to lose the envelope for a day (imagine), so apparently they passed it along to a third party to fulfill the final delivery in Vermont (at least, per the USPS employee I talked with and the website itself). As such, I'm unable to receive an actual delivery confirmation apart from "Delivered to Agent."

 

Does anyone know if USCIS will send me a confirmation through email / postal mail? I really don't want to resend this thing, but I'm uncomfortable not having an actual receipt of delivery. Thanks!

[powerpuff 6,744]

3 minutes ago, slavaskii said:

Does anyone know if USCIS will send me a confirmation through email / postal mail?

Yes, they send a confirmation notice through mail 

[Mike E 11,741]

49 minutes ago, slavaskii said:

Thank you! I sent the Form I-865 promptly via Priority Mail Express. Ironically, USPS managed to lose the envelope for a day (imagine), so apparently they passed it along to a third party to fulfill the final delivery in Vermont (at least, per the USPS employee I talked with and the website itself). As such, I'm unable to receive an actual delivery confirmation apart from "Delivered to Agent."

 

Does anyone know if USCIS will send me a confirmation through email / postal mail? I really don't want to resend this thing, but I'm uncomfortable not having an actual receipt of delivery. Thanks!

Unlike my mailed in AR-11s every I-865 I sent got a reply by USPS.

 

And each reply listed me, not my wife whom I filed I-864 for, as the beneficiary.

 

[Crazy Cat 41,985]

1 minute ago, Mike E said:

Unlike my mailed in AR-11s every I-865 I sent got a reply by USPS.

 

And each reply listed me, not my wife whom I filed I-864 for, as the beneficiary.

 

Same for me. All 3 times.  

[slavaskii 886]

10 minutes ago, Mike E said:

Unlike my mailed in AR-11s every I-865 I sent got a reply by USPS.

 

And each reply listed me, not my wife whom I filed I-864 for, as the beneficiary.

 

That's very interesting to know, thank you. Now that AR-11s can be efiled, we got an email right away confirming its receipt and telling us to wait 2 weeks for the official update. With the confirmation number in the first email, you can actually enter it on USCIS' website to see the AR-11 that was electronically transferred to them (quite useful, as I hadn't saved the document properly after submitting). Interestingly, the signature block was empty and didn't even indicate an esign, but apparently that was normal.

[Mike E 11,741]

Every electronic AR-11 we filed last year (and we were filing them every 10 days last summer because we were homeless) got the email acknowledgment immediately and the email confirmation within two weeks.

 

I believe that one reason AR-11s fail sometimes to take effect, is that the alien forgets what previous mailing address USCIS had on file. We kept it simple:

* filed I-751 using a fixed mailing address

* kept the same mailing address through each physical move

Edited August 25, 2023 by Mike E