Confusing situation

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Old Jan 11th 2006, 3:00 am
  #1  
JimC
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Default Confusing situation

Hey all,

Here's the background:
I'm a USC and I'm petitioning my wife to become a permanent resident.
We got our receipts on January 4, 2005 for I-130, I-485, and I-765. The
receipt numbers all start with an MSC.

Here's where the confusion start:
On the Affidavit of Support Under Section 213A of the Act form, there
is field for MAILING ADDRESS and also PLACE OF RESIDENCE. We decided
that on the I-130, I-485, and I-765 we would also put our preferred
mailing address as our main address. This preferred mailing address is
actually my parents' house and my former residence for the last 9
years.

We consulted an immigration attorney after we got our receipts. I
mentioned to him the reason why we put down a preferred mailing address
instead of our actual residence. I also told him that I included a note
in the forms stating the same reason. He said that this could pose a
problem because the immigration officers will start querying the
address listed to see if any bills under my name and my wife's name
shows up. He advised us to fill out an AR-11 form.

My confusion:
On the AR-11 form, it has a field called LAST ADDRESS. I figured that
this is her (our) last address of residence. However, if I put down the
preferred mailing address that I put down on the I-130, I-485, and
I-765 forms, then it will not much her last address of residence listed
in the G-325A form.

My question:
Should I forgo submitting an AR-11 form? What appropriate steps should
I take? I'm already trying to setup another appointment with the
lawyer, but I figured I can find some more info before the meeting.


Thansk!
 
Old Jan 11th 2006, 12:14 pm
  #2  
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Default Re: Confusing situation

Originally Posted by JimC
I mentioned to him the reason why we put down a preferred mailing address instead of our actual residence.
So... you admitted to an attorney that you lied to USCIS? Bad form... no dessert for you tonight.

Ian
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Old Jan 11th 2006, 1:58 pm
  #3  
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Default Re: Confusing situation

We never lied on our forms. We actually put down our address of
residence in the field that asks for our physical address of residence.
It all boils down to a mailing address problem. In my opinion, I think
they should have two address fields: physical residence and mailing
address. Anyway, my wife just called up the USCIS 800 hotline. She was
told that we should file an AR11 and I-865 form.

I just don't know what to put down on the last address field on the
AR-11 form. On our forms, we both put down my parents' home address for
the ADDRESS section unless of course it asks for a physical address of
residence. However, my wife never lived at my parents' address. Plus,
the university already updated her address with immigration when we
moved to our current address. So, the university had something like
this on her address form when they submitted it to immigration:

current address: <our current address>
last address: <HER last address>

But if I fill out the AR-11 what should the last address be since
technically she did not move again? We just want to update the address
of correspondence on our applications.

I don't think I can put the following on her AR-11:

current address: <our current address>
last address: <my paren'ts address>

    :/
 
Old Jan 11th 2006, 2:21 pm
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Default Re: Confusing situation

Hi Jim,

I had a little address mishap with some of our forms as well. When we first married we were living with my parents and used their address for all filings.

About 4 months after a successful interview we moved into a rented home in a very, very, very rural area. We made a decision to not change addresses with the USCIS because of the rural mail service. I don't know if you've seen "Funny Farm" where the drunk mail carrier just throws the mail out on his way by, but my situation wasn't too far off from that.

To make a long story short the mail carrier got really friendly after a cash Christmas offering, so when we applied for the I-751 with our new address as our residence and my parents address as former residence.

There was no problem at all, the NOA came to our residence and there was never any question.

We moved again (bought a home back towards town) while the I-751 was being processed so I promptly submitted a change of address form. Time goes by and we still don't hear anything and then a letter arrives that had been mailed to our previous rural address and returned!

When we were approved and had our InfoPass appt. the immigration officer said to us, "What exactly IS your address?" So, I'm guessing our file was flagged for address error, but it still wasn't a problem.

So, the moral of MY story is that when you don't file an address change -everything works out okay. When you do file an address change - everything gets all jacked up.

Good luck to you!
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Old Jan 11th 2006, 3:45 pm
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Default Re: Confusing situation

Originally Posted by jeninifer
Hi Jim,

I had a little address mishap with some of our forms as well. When we first married we were living with my parents and used their address for all filings.

About 4 months after a successful interview we moved into a rented home in a very, very, very rural area. We made a decision to not change addresses with the USCIS because of the rural mail service. I don't know if you've seen "Funny Farm" where the drunk mail carrier just throws the mail out on his way by, but my situation wasn't too far off from that.

To make a long story short the mail carrier got really friendly after a cash Christmas offering, so when we applied for the I-751 with our new address as our residence and my parents address as former residence.

There was no problem at all, the NOA came to our residence and there was never any question.

We moved again (bought a home back towards town) while the I-751 was being processed so I promptly submitted a change of address form. Time goes by and we still don't hear anything and then a letter arrives that had been mailed to our previous rural address and returned!

When we were approved and had our InfoPass appt. the immigration officer said to us, "What exactly IS your address?" So, I'm guessing our file was flagged for address error, but it still wasn't a problem.

So, the moral of MY story is that when you don't file an address change -everything works out okay. When you do file an address change - everything gets all jacked up.

Good luck to you!

LOL LOL LOL.. Thanks for the laugh..
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Old Jan 11th 2006, 7:22 pm
  #6  
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Default Re: Confusing situation

We're just getting different answers from the USCIS hotline and some
lawyers. Some say it is okay. Others say that we should file a change
of address form. I think we'll just forego changing our address and
explain it to them when time comes. I guess the important thing is that
the Department of Homeland Security knows that my wife currently lives
in our present address.
 
Old Jan 11th 2006, 7:34 pm
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Default Re: Confusing situation

Originally Posted by JimC
We're just getting different answers from the USCIS hotline and some
lawyers. Some say it is okay. Others say that we should file a change
of address form. I think we'll just forego changing our address and
explain it to them when time comes. I guess the important thing is that
the Department of Homeland Security knows that my wife currently lives
in our present address.
My advice to you: Don't expect the miss-information line aka USCIS hotline to give you valuable and accurate info. It is not going to happen.
Don't you have a lawyer?, listen to her/him.
Good Luck!
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Old Jan 11th 2006, 10:25 pm
  #8  
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Default Re: Confusing situation

We consulted a lawyer. He told us to send an AR11 form. The problem is
that we are not physically changing our address. We just want to update
the address on our receipts so that it reflects our current physical
location. The lawyer told us that we should do this as to not confuse
the immigration officer handling the case. We also consulted another
attorney and he told us that we do not need to do anything. He said to
just explain it during the interview process.
 
Old Jan 11th 2006, 11:09 pm
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Default Re: Confusing situation

Originally Posted by jeninifer
Hi Jim,

I had a little address mishap with some of our forms as well. When we first married we were living with my parents and used their address for all filings.

About 4 months after a successful interview we moved into a rented home in a very, very, very rural area. We made a decision to not change addresses with the USCIS because of the rural mail service

So, the moral of MY story is that when you don't file an address change -everything works out okay. When you do file an address change - everything gets all jacked up.

Good luck to you!
Not sure what you mean when you say you didn’t change addresses with the CIS, but if that means you did not submit an AR-11 within 10 days of moving, that could be serious trouble.
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Old Jan 11th 2006, 11:42 pm
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Default Re: Confusing situation

Originally Posted by Matthew Udall
Not sure what you mean when you say you didn’t change addresses with the CIS, but if that means you did not submit an AR-11 within 10 days of moving, that could be serious trouble.
Like what?
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Old Jan 12th 2006, 12:20 am
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Default Re: Confusing situation

Originally Posted by Hypertweeky
Like what?
The AR-11 form states that it must be (report change of address) reported within 10 days of such address change. Failure to report is punishable by fine or imprisonment and/or deportation (they still use the old term deportation even though its now referred to as removal).

I didn’t type in all of the information from the AR-11 form, but I think I put in enough to answer your question.
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Old Jan 12th 2006, 12:59 am
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Default Re: Confusing situation

Originally Posted by Matthew Udall
Not sure what you mean when you say you didn’t change addresses with the CIS, but if that means you did not submit an AR-11 within 10 days of moving, that could be serious trouble.
We did not - because of the sketchy mail situation, but left it as my parents address, where we still got several other pieces of mail including credit card and bank statements. The rural postal system was a disaster - our mail was often strewn all about, if the woman didn't want to work on a Saturday - we didn't get mail on a Saturday, etc. I knew I wouldn't miss any notifications or mailings sent to my parents home.

At the time we submitted the I-751, and our mail situation had improved, we included that information in the cover letter. Our address was then changed with no question or concern.

When we moved most recently and did file the AR-11 they had no record of it being filed and, while I did save the copies and receipts, they haven't sine been recovered after our move.

So, they DID have on file the address for which we did NOT submit the AR-11, but requested the change with our I-751 application.

They did NOT have on file the address for which I did submit the AR-11.

The I-751 was approved with additional evidence and without interview.

I was more concerned about mail getting lost or never getting to me. It never occurred to me that leaving it as my parents address could result in such a problem.

We've recently applied for the N-400. I hope this doesn't cause a problem with that... and if it does, I pray for the fine.

I do have to question how they can punish someone so severely for NOT filing it when they don't always have records when you DO file it.

I do appreciate your insight and it's something that I'll be prepared for if it comes up.
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Old Jan 12th 2006, 1:37 am
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Default Re: Confusing situation

Originally Posted by jeninifer
We did not - because of the sketchy mail situation, but left it as my parents address, where we still got several other pieces of mail including credit card and bank statements. The rural postal system was a disaster - our mail was often strewn all about, if the woman didn't want to work on a Saturday - we didn't get mail on a Saturday, etc. I knew I wouldn't miss any notifications or mailings sent to my parents home.

At the time we submitted the I-751, and our mail situation had improved, we included that information in the cover letter. Our address was then changed with no question or concern.

When we moved most recently and did file the AR-11 they had no record of it being filed and, while I did save the copies and receipts, they haven't sine been recovered after our move.

So, they DID have on file the address for which we did NOT submit the AR-11, but requested the change with our I-751 application.

They did NOT have on file the address for which I did submit the AR-11.

The I-751 was approved with additional evidence and without interview.

I was more concerned about mail getting lost or never getting to me. It never occurred to me that leaving it as my parents address could result in such a problem.

We've recently applied for the N-400. I hope this doesn't cause a problem with that... and if it does, I pray for the fine.

I do have to question how they can punish someone so severely for NOT filing it when they don't always have records when you DO file it.

I do appreciate your insight and it's something that I'll be prepared for if it comes up.
For everyone's information, form AR-11 is NOT used for changing your mailing address. Ever.
AR-11 will not change your mailing address.
Can we all sing along?
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Old Jan 12th 2006, 2:20 am
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Default Re: Confusing situation

Originally Posted by jeninifer
We did not
Mo's right. One is required to submit the AR-11 for all moves within 10 days because Congress says you must. It has nothing to do with notifying a given office where a petition or application might be pending (another notice should be sent to that office which again has nothing to do with an AR-11), and submitting an AR-11 will do nothing to make sure mail is delivered to the proper new address from an office where a petition or application is pending.

You might want to consult with an experienced immigration attorney to see what you should do, if anything, about not filing the AR-11. You are now under the N-400 microscope too, right?
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Old Jan 12th 2006, 12:30 pm
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Default Re: Confusing situation

Originally Posted by Matthew Udall
... and submitting an AR-11 will do nothing to make sure mail is delivered to the proper new address from an office where a petition or application is pending.
We long-timers understand this, but unless you actually look at the USCIS web site for instructions on changing your address, the AR-11 by itself gives the impression - by omission - that this is exactly what will happen! Even so, the web site indicates only that in addition to the AR-11, you should call the misinformation hotline! There's nothing about contacting your present DO or your future DO to make sure they know!

Anyway, the web site includes this tidbit: "You do not need to include temporary addresses as long as you maintain your present address as your permanent residence and continue to receive mail there." While I understand the difference between temporary and permanent address, couldn't the phrase "continue to receive mail there" be construed to mean that as long as you have a reliable mailing address, your actual address doesn't much matter to them? In other words, we want to know how to reach you by mail because it's highly unlikely that we will break down your front door at 5:00 am and interrogate your family! A bit extreme perhaps, but I welcome your thoughts on this.

Ian
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