AOS question - filing only in state of residence?
Oct 17th 2001, 12:50 am
#1
Guest
Posts: n/a
I am working on an extended project in California and am a resident of Texas. I have
a temporary address in California. Is it necessary for us to file my fiancé's AOS
papers in the state of my residence at the local field office, or can I file at the
field office that handles my California address. I may be here for a few months or
maybe a year or two, so the California address will be our mailing address for a long
time. If she files in California does that essentially make her a resident of
California?
Jim
a temporary address in California. Is it necessary for us to file my fiancé's AOS
papers in the state of my residence at the local field office, or can I file at the
field office that handles my California address. I may be here for a few months or
maybe a year or two, so the California address will be our mailing address for a long
time. If she files in California does that essentially make her a resident of
California?
Jim
Oct 17th 2001, 2:17 am
#2
Member
Joined: Apr 2001
Posts: 14,049
Jim,
No, living in California would make one a resident of California. The INS defines one's residence as where one, in fact, lives.
As a practical matter, since you indicate that your assignment in California could be as short as a few months or as long as as 2 years, you need to give a mailing address where you can be sure that you or an agent for you will receive the interview notice whenever the District Office sends it.
As to which office to use, you are indeed in a bit of a bind. As a first step you might try to pin down your employer a bit more on the length of that assignment. Otherwise, based on the little bit of info you provided, I personally would probably go with Texas. You can always file for a change of address to California of that turns into a real long-term assignment.
Regards, JEff
No, living in California would make one a resident of California. The INS defines one's residence as where one, in fact, lives.
As a practical matter, since you indicate that your assignment in California could be as short as a few months or as long as as 2 years, you need to give a mailing address where you can be sure that you or an agent for you will receive the interview notice whenever the District Office sends it.
As to which office to use, you are indeed in a bit of a bind. As a first step you might try to pin down your employer a bit more on the length of that assignment. Otherwise, based on the little bit of info you provided, I personally would probably go with Texas. You can always file for a change of address to California of that turns into a real long-term assignment.
Regards, JEff
Originally posted by Jjd
... If she files in California does that essentially make her a resident of California?
Jim
... If she files in California does that essentially make her a resident of California?
Jim
Oct 17th 2001, 3:07 am
#3
Concierge
Joined: Apr 2001
Posts: 46,477
Actually your post is confusing in that you CAN'T file for AOS for a fiancee. You can for a wife but not a fiancee.
Are you perhaps thinking of filing for a Fiancee Visa? Or is your fiancee here in the US currently? Are you planning on marrying and then applying for AOS?
The answers to the above means different things to your filing.
**If you have a residence in Dallas INS jurisdiction and you go the Fiancee Visa Route (with your fiancee obtaining the visa in her own country)** ... you are extremely lucky. The Dallas INS office will do SAME DAY AOS for married couples who have gone the K-1 Fiancee Route. No waiting, no EAD's, no Advance Parole's, no fuss, muss or hassles. This procedure is also being tried in Houston if you speak with a Jane somebody or other at the Houston Office. Search google for the post last month.
**If you marry while your fiancee is here in the US** .. you should really use the INS jurisdiction where you have a permanent address simply because if your present position is short termed you would have to try to get your file transferred from California to the appropriate Texas INS office and this can spell trouble. There is always the chance of lost files, delay in transferring, or even being placed at the back of the waiting line by some inept employee.
Hope this info helps
Rita
Are you perhaps thinking of filing for a Fiancee Visa? Or is your fiancee here in the US currently? Are you planning on marrying and then applying for AOS?
The answers to the above means different things to your filing.
**If you have a residence in Dallas INS jurisdiction and you go the Fiancee Visa Route (with your fiancee obtaining the visa in her own country)** ... you are extremely lucky. The Dallas INS office will do SAME DAY AOS for married couples who have gone the K-1 Fiancee Route. No waiting, no EAD's, no Advance Parole's, no fuss, muss or hassles. This procedure is also being tried in Houston if you speak with a Jane somebody or other at the Houston Office. Search google for the post last month.
**If you marry while your fiancee is here in the US** .. you should really use the INS jurisdiction where you have a permanent address simply because if your present position is short termed you would have to try to get your file transferred from California to the appropriate Texas INS office and this can spell trouble. There is always the chance of lost files, delay in transferring, or even being placed at the back of the waiting line by some inept employee.
Hope this info helps
Rita
