Reporting Change of Address

[davcrouse 0]

Hi, Hopefully someone can help me! My wife and I are about to petition to have here restrictions removed on her conditional green card. During the first year of her residency We moved twice. We were at our first address for seven months, and then moved to our second address where we currently reside. Around the time of our first move we had our first child and I forgot to report the change of address. I did however report the change of address on our second move. I will of course report both addresses on our application. Has anyone else had the same problem? What are the realistic consequences of this?

[mozplay 28]

Many people forget to do this. The legal repercussions are 1. loss of green card for not filing the AR-11 and 2. a heavy fine for not filing the I-865. Has that happened in recent history? Not that I know of ... probably because many people realize their mistake and correct it.

I really don't think you are going to have any huge issues. If you did not file the I-865 (we didn't), do it when you submit the petition and let them know it was an oversight and you really didn't know about it. That's what we did, and included a copy of my AR-11 confirmation (we filed that at the right time though) and didn't have an issue. I would not recommend trying to report that middle move now though - just let it be.

Good luck.

Mo

[John9981 9]

I just did AR11 few days before applying ROC. I forgot to do it for almost 2 years since I moved and never did I-865 thingy. My 10yr card just got approved and I didn't have any problems at all. You should do it by the book, but even if you forgot, I hardly think they'll actually fine you or deny your petition. A lot of people knows about AR11 but not I-865 too.

[Chica Yeyé 41]

You will not have major issues. Many folks forget to do this; and I have yet to see one of the fines and penalties enforced. Good luck.

[davcrouse 0]

Thanks for the help guys. I really appreciate the feedback. I feel better now.

[venusfire503 54]

In the instructions it states:

"If the sponsor fails to give notice of a change in his or her address, as required in 8 U.S.C. 1183a(d) and 8 CFR 213a.3, the sponsor may be liable for the civil penalty established by 8 U.S.C. 1183a(d). The amount of the civil penalty will depend on whether the sponsor failed to give this notice knowing that the sponsored immigrant(s) has received means-tested public benefits."

8 U.S.C. 1183a(d):

"(d) Notification of change of address

(1) General requirement

The sponsor shall notify the Attorney General and the State in

which the sponsored alien is currently a resident within 30 days

of any change of address of the sponsor during the period in

which an affidavit of support is enforceable.

(2) Penalty

Any person subject to the requirement of paragraph (1) who

fails to satisfy such requirement shall, after notice and

opportunity to be heard, be subject to a civil penalty of -

(A) not less than $250 or more than $2,000, or

( B)if such failure occurs with knowledge that the sponsored

alien has received any means-tested public benefits (other than

benefits described in section 1611( B ), 1613©(2), or 1621( B )

of this title) not less than $2,000 or more than $5,000.

The Attorney General shall enforce this paragraph under

appropriate regulations."

I think this is one of those things they don't really enforce UNLESS the sponsor is purposely trying to hide. I hope so - I'm one of those who didn't realize I needed to send the I-865 until more than a year after we moved, while filing ROC. I just sent it a day before sending the ROC, and added a copy of the I-865 with a cover letter explaining that I didn't realize, and apologizing for the oversight. We had no problems, and his 10 year card should be here any day now!

Best of luck!

Edited October 15, 2009 by venusfire503

[NycBra 4]

I think this is one of those things they don't really enforce UNLESS the sponsor is purposely trying to hide. I hope so - I'm one of those who didn't realize I needed to send the I-865 until more than a year after we moved, while filing ROC. I just sent it a day before sending the ROC, and added a copy of the I-865 with a cover letter explaining that I didn't realize, and apologizing for the oversight. We had no problems, and his 10 year card should be here any day now!

Same thing here, I always reported when we changed address but I didn't know my husband had to report as well until I found VJ and saw a topic about it. I talked to a lawyer and he said usually it is not a problem, but that we should submit his I-865 asap. Only the most recent (we moved twice since I got the green card). The lawyer said that usually it is a problem when the green card holder is receiving government/federal benefits (something like that).

So, file the I-865 asap. And file it separately. As the lawyer told us, the person who is reviewing your I-751 does not deal with change of address requests.

[davcrouse 0]

I filed the I-864 for our most recent move, but I haven't filed the AR11 on either move. Should I send in the AR11 for our most recent move when I file the 751 or should I send in the AR11 for both moves or none of the above???

Thanks Again!

[NycBra 4]

I filed the I-864 for our most recent move, but I haven't filed the AR11 on either move. Should I send in the AR11 for our most recent move when I file the 751 or should I send in the AR11 for both moves or none of the above???

Thanks Again!

The sponsor (USC) who filed the I-864 has to file/mail the I-865 (I guess that's what you meant?). The green card holder (you in the case) has to file the AR-11. You can file the AR-11 online, and you should do soon for your most recent move. At this point, don't file the one for the previous move.