Who is legally required to update their address with USCIS if they move?

[KnowledgeHound 1]

Here is the situation: an undocumented immigrant has already had their I-130 approved but has not yet submitted their I-601A. They not longer live at the address that the I-797 showing the I-130 had been approved was sent to. It has been years since they have lived there. Communication from the Department of State regarding their visa is sent to the current address. Are they required by law to update their address with USCIS or has that already been done since the Department of State has the correct one?

[Lil bear 4,201]

1 hour ago, KnowledgeHound said:

Here is the situation: an undocumented immigrant has already had their I-130 approved but has not yet submitted their I-601A. They not longer live at the address that the I-797 showing the I-130 had been approved was sent to. It has been years since they have lived there. Communication from the Department of State regarding their visa is sent to the current address. Are they required by law to update their address with USCIS or has that already been done since the Department of State has the correct one?

This feels like a really loaded question … lots not said.  
 

Who applied for an I130 petition? Who is the petitioner… who is the beneficiary .. what’s the  “ immediate relative” relationship ? 

[KnowledgeHound 1]

see next comment

Edited August 12 by KnowledgeHound
clarity

[KnowledgeHound 1]

37 minutes ago, Lil bear said:

This feels like a really loaded question … lots not said.  
 

Who applied for an I130 petition? Who is the petitioner… who is the beneficiary .. what’s the  “ immediate relative” relationship ? 

The undocumented immigrant is married to a U.S. citizen. The citizen petitioned for the undocumented immigrant. They tried to update the address with the undocumented immigrants info via the USCIS website but got  an error “Personal information not found” error. The approval notice was addressed to the petitioner and not the immigrant. 

[Lil bear 4,201]

1 hour ago, KnowledgeHound said:

The undocumented immigrant is married to a U.S. citizen. The citizen petitioned for the undocumented immigrant. They tried to update the address with the undocumented immigrants info via the USCIS website but got  an error “Personal information not found” error. The approval notice was addressed to the petitioner and not the immigrant. 

The I130 is the petitioners part. Until the case is sent to the Nvc, the address change of the beneficiary doesnt matter.. 

 

Is there beneficiary in the  US or in their  home country ? 

Edited August 12 by Lil bear

[KnowledgeHound 1]

12 minutes ago, Lil bear said:

The I130 is the petitioners part. Until the case is sent to the Nvc, the address change of the beneficiary doesnt matter.. 

 

Is there beneficiary in the  US or in their  home country ? 

 

The beneficiary is in the USA. Mail from the NVC is in their name and is being sent to the current and correct address. Their concern is that a lot of sources online seem to indicate that USCIS requires the undocumented beneficiary to update their address with them within 10 days of it changing. Should they file a AR-11 to meet this requirement even if the address change occurred years ago?

[Lil bear 4,201]

4 minutes ago, KnowledgeHound said:

 

The beneficiary is in the USA. Mail from the NVC is in their name and is being sent to the current and correct address. Their concern is that a lot of sources online seem to indicate that USCIS requires the undocumented beneficiary to update their address with them within 10 days of it changing. Should they file a AR-11 to meet this requirement even if the address change occurred years ago?

My take would be that this AR11 only becomes necessary once the NVC stage is reached. 
 

But i am confused .. what is actually being applied for ? immigrant visa which will be finalised at the home country consulate interview.. or adjustment  of status ? Im thinking the first and the 601 waiver will be required because of a ban that will be incurred when B the petitioner leaves the US (unlawful presence) and the visa is initially denied. Would appreciate your clarification just so in can be sure that I’m on the right track 

[KnowledgeHound 1]

2 minutes ago, Lil bear said:

My take would be that this AR11 only becomes necessary once the NVC stage is reached. 
 

But i am confused .. what is actually being applied for ? immigrant visa which will be finalised at the home country consulate interview.. or adjustment  of status ? Im thinking the first and the 601 waiver will be required because of a ban that will be incurred when B the petitioner leaves the US (unlawful presence) and the visa is initially denied. Would appreciate your clarification just so in can be sure that I’m on the right track 

It is an immigrant visa which will be finalized at a consular interview in the beneficiary’s home country. USCIS transferred the case to NVC but they are still preparing the I-601A to send to USCIS.

[Lil bear 4,201]

9 minutes ago, KnowledgeHound said:

It is an immigrant visa which will be finalized at a consular interview in the beneficiary’s home country. USCIS transferred the case to NVC but they are still preparing the I-601A to send to USCIS.

DS 260 will reflect address changes and then it can be updated at the interview of our has changed since completing  the DS 260   AR 11 is needed for address changes  after the immigrant enters the US  using the visa. 

[KnowledgeHound 1]

Something to add: the beneficiary is already in the USA and living undocumented. Does this affect your answer?