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Old Nov 3rd 2011, 6:39 am
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Default Please Help

Hi,

I am a British citizen, who married my US citizen wife, we live together currently in NM and everything is going fine. We have been married for about 18 months now. We should be up for our 2 year review in around August next year. The only issue is I may have to leave the state for better employment. I have been offered a job elsewhere in the US. She cannot leave the state until she has finished her college program (around one year from now). After which she will apply for grad school and come join me. I really want to take it but I don't know how it will affect my US immigration status. What should we do? we don't have the money currently available to hire a lawyer.

Any help will be greatly appreciated
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Old Nov 3rd 2011, 6:50 am
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Default Re: Please Help

Originally Posted by ABQbrit
Hi,

I am a British citizen, who married my US citizen wife, we live together currently in NM and everything is going fine. We have been married for about 18 months now. We should be up for our 2 year review in around August next year. The only issue is I may have to leave the state for better employment. I have been offered a job elsewhere in the US. She cannot leave the state until she has finished her college program (around one year from now). After which she will apply for grad school and come join me. I really want to take it but I don't know how it will affect my US immigration status. What should we do? we don't have the money currently available to hire a lawyer.

Any help will be greatly appreciated
Hi and Welcome to BE.

"2 year review" is actually called "removal of conditions".

Your scenario should not be a problem. You can still consider NM as your permanent address, and file the I-751 using that address. My alien husband also works in a different state than the one he permanently lives in, and it was not a problem for our I-751.

The only snag I can see in your scenario is that if the I-751 gets filed in NM in August 2012, and your wife moves away from NM in November 2012, USCIS might not get the change of address correct, and you'll miss getting USCIS correspondence...including your biometrics appointment, 1-year extension letter, and 10-year green card. If she can hold off moving until all those documents come through to the address in NM, it would be better.

Also, you'll have to go back to NM for your biometrics appointment.

Rene
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Old Nov 3rd 2011, 8:34 am
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Default Re: Please Help

Alternatively, you can file to remove conditions in the state that you've moved to.
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Old Nov 3rd 2011, 8:37 am
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Default Re: Please Help

Originally Posted by jeffreyhy
Alternatively, you can file to remove conditions in the state that you've moved to.
True dat.

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Old Nov 3rd 2011, 9:45 am
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Default Re: Please Help

How do I go about letting USCIS know of my situation and that I will be living at another address, even though I will keep my perm one in NM? or do I not need to?

Sorry for the silly questions bit of a novice at this
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Old Nov 3rd 2011, 9:45 am
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Default Re: Please Help

Also thanks for the info!
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Old Nov 3rd 2011, 9:56 am
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Default Re: Please Help

Originally Posted by ABQbrit
How do I go about letting USCIS know of my situation and that I will be living at another address, even though I will keep my perm one in NM? or do I not need to?

Sorry for the silly questions bit of a novice at this
If you are actually moving (i.e., not keeping your address in NM), you can fill out an AR-11 online within 10 days of moving.

If you are keeping your NM address as your permanent one, I don't think you need to do an AR-11, and you don't need to notify USCIS of anything.

In our situation, my husband's permanent address is in Phoenix AZ. His clients are all in Los Angeles so he spends most of his time there working, and comes home for a long weekend every 3 or 4 weeks. He's been doing this for the past 7 years and never did an AR-11, because he physically still resides at the same address in Phoenix. He's just in LA working at his clients' requests. He never "moved".

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Old Nov 3rd 2011, 9:56 am
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Default Re: Please Help

Originally Posted by ABQbrit
How do I go about letting USCIS know of my situation and that I will be living at another address, even though I will keep my perm one in NM? or do I not need to?
You don't need to let them know if there's no change to your permanent address.

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Old Nov 3rd 2011, 10:08 am
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Default Re: Please Help

Based on what you wrote in your opening post, you are not keeping your permanent address in NM. You may claim that you are, but it appears that it would be a false claim.

Regards, JEff


Originally Posted by ABQbrit
How do I go about letting USCIS know of my situation and that I will be living at another address, even though I will keep my perm one in NM? or do I not need to?
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Old Nov 3rd 2011, 10:24 am
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Default Re: Please Help

Originally Posted by jeffreyhy
Based on what you wrote in your opening post, you are not keeping your permanent address in NM. You may claim that you are, but it appears that it would be a false claim.

Regards, JEff
It could still be his permanent address up until his wife also moves out of NM....

Just my layman's opinion.

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