Sean81

Hi all,

Firstly thanks to everyone who has, and does, use BE. Since I started this interesting visa journey I've found these threads invaluable.

I have a question regarding change of address:

My USC wife has been living with her father in NY since we filed the I-130 last August. We have just paid the fees for the Visa Application and the I-864 so the next step is to submit the I-864.

My wife is self employed and has only been back in the US since July last year after years away. This means we will be using her father as a joint sponsor since she has no tax returns to submit as evidence.

She has just signed a tenancy agreement for an apartment which she will be moving into this week. This apartment is in the same town as her father (i.e. it's not like she's moving state)

I want to complete the visa process as though she is still with her father (meaning he can fill an I-864a).

She wants to notify the NVC of her change of address and have her father fill an I-864 (in order to keep everything 'legitimate').

I'm worried that if we do it her way, it will slow things down or simply complicate matters.

Are there any real risks to continuing as though she still lives with her father?

Is it advisable to keep everything above board and therefore advise NVC of the change in circumstance regardless of any complications? Or is that being over-cautious?

Any advice is greatly appreciated.

Thank you,
Sean

Pulaski

Your wife "has no tax returns" because she has been living outside the US?

While I understand that the tax returns won't show income to support your visa application she is still going to need to submit tax returns under almost all circumstances. Unless she had minimal income, as a US citizen she is obligated to file tax returns annually no matter where she lives in the world. .... And therefore must file them in support of the visa application. She should file the three most recent years of tax returns if she has sufficient income that requires her to do so.

Anyhow, to your specific question, if she is living in the same town and is on good terms with her father, I would recommend she continues to use his addess as a mailbox. While changing address shouldn't cause a problem, it is another moving part and if you were to introduce that complication it is another thing that could go wrong.

Noorah101

What counts is your wife's CURRENT income (not what's shown on tax returns...that is past income). Being self employed does make it a tad complicated, but if she's currently earning enough, she's not even allowed to use a joint sponsor.

So the first question is...is your wife's personal income (i.e. profit from the business) above the required income account on the I-864P?

I agree, continue using dad's address.

Rene

ian-mstm

Umm... these two comments are mutually exclusive. Unlike Arthur Dent who could have tea and not tea both at the same time, your wife can't live at her father's house and not live at his house both at the same time.


Yes, it would be a lie.

Ian

S Folinsky

In my volunteer work at the Immigration Law Assistance Clinic here in LA I get questions about if "I disclose ..." and a recommendation. I always say to tell the truth. Any deceit can come back years later and bite on the ass quite hard. It is been known to happen. Not often, but it does happen. This can happen even after naturalization to US citizenship.

As I have mentioned elsewhere, there are assholes in the minions of the dark forces and they feel that they have been granted a hunting license by one Donald J. Trump.

Sean81

I just realised I never thanked you all for your advice...so sorry about that! Thank you all.