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Temporary move to Canada when i-751 is still pending (biometric is done)

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Hello all,

I have 3 questions about temporary move to Canada while my i-751 is still pending.

English is my second language, but I will try my best to explain my situation and questions in details.

Background:

I am a US conditional permanet resident. Got my 2 year green card through my marriage two years ago and my husband is a US citizen.

My 2 year green card was expired back in March 2015, and I already applied for i-751 and got the 1 year extention (i-797) which is good until March 2016.

My biometrics is already done two weeks ago in the US.

Our situation:

My husband got a job in Canada just for 4 months and we moved to Canada together very recently.

This is just temporary move. We are going back to the States after his project is over in Canada.

I am in Canada as a tourist which allows me to stay here for 6 months. He is on Canadian work visa.

When he got a job offer in Canada, we did our research to see if I can be outside the US while my -751 is pending.

We talked to two tier 2 officers at USCIS and they said it is fine. As long as I have my valid extension, I can go outside the States.

We thought we needed to keep our apartment in the States, but both officers said our new address can be my in-law's address and they said that it is fine if we do not live there.

Sounded great!

So we got rid of the apartment in the States and decided to move to Canada togehter.

Officers at USCIS told us that we do not need to file AR-11 because this is just temporary.

So we did not file the form. We just went to the post office and did the mail forwarding.

The address that we are using for the mail forwarding is my in-law's address in the States because US post office does not forward mail to address outside the States.

And today, I talked to another officer at USCIS just to make sure that we did everything correct.

And got new information.

I still need to do mailing address change with the immigration.

The person I spoke to today told me to send a piece of letter to the office that is listed on my i-797 Notice of Action, saying that my mailing address has been changed, but not the application address.

So there are mailing address and application address? I got really confused today.

So here are the questions:

1) Can the mailing address be outside the States?

2) If not, mailing address can be my in-law's address in the States, but my husband and I do not live there...?

3) If we do this mailing address change, do we need to submit new evidence?

If this thing does not work out, I can go back to the States by myself... but I do not really want to live apart.

So if you have been in a similar situation to mine or if you know what I need to do, would you please let me know? I will greatly appreciate it.

Thank you so much in advance!!

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Hi all,

Just letting you know, my green card process went just fine.

I will put information for people who are in the similar situation.

I did the change of address online on USCIS site.

Used the number that was on my biometrics paper. (not the one on the extention.)

The address I used was my in-law's in the US. (I live in Canada with my husband.)

So today, I received the letter from USCIS that was sent from my in-laws. The letter starts with "Congratulations! Your case has been approved..." and I will get my new green card within 60 days. Great!!

The address on the letter had in-law's address. I changed the address online on 7/24th. The letter was produced on 7/29th.

They did not ask me more evidence. And I did not have an interview.

Still waiting for the actual card, but I am really glad that it went fine!

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This is good news -- thanks for the update.

Edited by TBoneTX

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(!).

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It would be important to say you are VISITING Canada with your husband, you are not LIVING there.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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