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Posted (edited)

Hi everyone

I have the 2 year conditional residence visa and need to file the i-751 but have a dilemma.

My 2 year green card expires on 25 Jan 2025, earliest I can file is 27 Oct if I'm not mistaken.

I am currently in California and have been since I arrived.
My husband is about to change jobs, and we are about to rent another apartment...this time in another state - Nevada specifically.

I am in a dilemma because:

1. We have to leave our current California home by 20 Nov
2. Our new apartment will only be ready by 20 Dec.

3. In the month between Nov 20 - Dec 20, we are at a temporary residence in Nevada.

 

Thus:....
 
a. Should I file in California or Nevada? If Nevada will it be too late? (mailing around Nov 20)
b. We might be in Nevada for a year or two. If we move back to California will it cause problems for my file being passed around?

c. We have signed up for a lease in Nevada so I can include it in the file but would make sense to mail from Nevada then?

One more about tax...
d. not sure which papers to include. I am not working yet but my name and our child's name is on my husband's tax papers. Do I just take that one page or do I need to show a specific section?

I am not sure what would be the best answer in my situation.
I was going to mail and file from California but knowing the time I might have to do in in Nevada in the middle of moving and also taking care of a 1 year old (IYKYK!!).
(Will it be too late if I mail it by Nov 20 in Nevada?)

Thank you for any insight...!

Edited by oolongtea48
typo
Posted

If your GC expires on 25 JAN 2025, you can certainly apply any time before that date.

 

You can even file on January 6th if you want to celebrate holidays first.

 

I'd file it from permanent address in Nevada aftet December 20th.

 

Do not file before that, since USCIS is know to deliver mail to old addresses even if you change addresses in their system (AR-11 form).

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Thread is moved to the Removing Conditions forum -- topic involves that phase.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Posted
12 minutes ago, OldUser said:

Include new Nevada lease, mail from Nevada once you have a permanent address.

 

Make sure to file AR-11 within 10 days of moving (I'd also file for temporary accomodation too unless the lease in California would still be active)

 

Sponsor has to file I-865 within 30 days of moving.

Thank you!!

All very helpful!

Regarding the AR-11 - I usually change my address on my USCIS account. Is that doable too?

Regarding temporary address in Nevada - it's my husband's home he's renting out. We won't have bills under our names or maybe it's just his. I know def my name will not be in any of the bills since it's only 3 weeks we'll be there.  What would I file then? or how can I explain?
(it's a bit like if you hung out at your mum's house for 3 weeks kind of situation. Super casual).

Posted
2 minutes ago, oolongtea48 said:

Regarding temporary address in Nevada - it's my husband's home he's renting out. We won't have bills under our names or maybe it's just his. I know def my name will not be in any of the bills since it's only 3 weeks we'll be there.  What would I file then? or how can I explain?
(it's a bit like if you hung out at your mum's house for 3 weeks kind of situation. Super casual).

Since you won't have bills or paperwork there, you can't provide anything for temporary address.

 

AR-11 and I-865 don't require any evidence besides listing addresses.

Posted
1 hour ago, oolongtea48 said:

 

a. Should I file in California or Nevada? If Nevada will it be too late? (mailing around Nov 20)

POSTMARKED DATE matters. When they receive it does not. 

If filed correctly, you can submit up until midnight on the expiry date. 

 

1 hour ago, oolongtea48 said:

 


b. We might be in Nevada for a year or two. If we move back to California will it cause problems for my file being passed around?

Sure it may. Not much you can do about it though except not move which isn't feasible for you. Accept it. 

1 hour ago, oolongtea48 said:

c. We have signed up for a lease in Nevada so I can include it in the file but would make sense to mail from Nevada then?

Doesn't matter. They'll read the dates. 

1 hour ago, oolongtea48 said:

 


One more about tax...
d. not sure which papers to include. I am not working yet but my name and our child's name is on my husband's tax papers. Do I just take that one page or do I need to show a specific section?

Taxes? 

Proof of your married life is what you are submitting. You can submit taxes if you like. You aren't proving finiancial responsibility this time. Most submit a tax return transcript which is 4 pages because it shows your filing status of married and both your names on it but you don't even have to submit any of that if you don't want to or have other evidence instead. 

1 hour ago, oolongtea48 said:

 


I am not sure what would be the best answer in my situation.
I was going to mail and file from California but knowing the time I might have to do in in Nevada in the middle of moving and also taking care of a 1 year old (IYKYK!!).
(Will it be too late if I mail it by Nov 20 in Nevada?)

Thank you for any insight...!

I would not submit before you move.

Noa1s can take 90 days currently and by then you'll be long gone and have no proof you filed. 

Posted
27 minutes ago, oolongtea48 said:

Thank you!!

All very helpful!

Regarding the AR-11 - I usually change my address on my USCIS account. Is that doable too?

Regarding temporary address in Nevada - it's my husband's home he's renting out. We won't have bills under our names or maybe it's just his. I know def my name will not be in any of the bills since it's only 3 weeks we'll be there.  What would I file then? or how can I explain?
(it's a bit like if you hung out at your mum's house for 3 weeks kind of situation. Super casual).

You are providing evidence from marriage until current. 

Bills from your temporary address would be unnecessary. List it as a previous address and then your permanent current address in NV. You'll have to preview the forms to understand. 

You have all of that (bills, evidence) from your life from your marriage date (Ie. Past 2 years....). You don't need evidence from every place you lived.

Filed: Citizen (apr) Country: Romania
Timeline
Posted

I would have everything read and file from the "final" new address and once you moved in send it out asap. It will reduce the risk of getting mail at wrong places.

Beside that you can file anywhere, there is no residency requirement like with N400.

 

As @OldUser said you should file AR-11 and your partner I-865 for both addresses. (temp and final) to indicate that you moved.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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