AOS questions

[am1996 0]

We are still in the process of filling out the AOS and AP paperwork and have the following questions:

1) G-325a (Biographic information) requests the "Applicant's residence for the past five years. List present address first." Over the past 2-3 years I've been constantly in and out of the US on B-1 and B-2 visas and, until recently, had an apartment here, although I never established any type of residence in the US. I am concerned that if I list the address of that apartment as my "residence," it will appear that I've been constantly in the US for the past 3 years (it's not practical for me to list all the dates of my entry and departure over the past several years). My official residence at that time was in Canada, so would it be prudent to instead list that address for the entire period? The same question is asked in Form I-130, Petition for Alien Relative, Part C #22 ("if filing for your husband / wife, give last address at which you lived together and provide the relevant dates").

2) In Part 3 "Processing Information, Part B" of I-485 (AOS), the application asks to "List your present husband / wife, all of your sons and daughters." The next question then asks whether they are applying with me. Is the question asking whether they are applying with me for AOS or somehow participating in the AOS process? I am married to a US Citizen, so he is obviously NOT applying with me for an AOS but IS filing the sponsorhsip paperwork for me.

Thanks in advance!

Edited August 9, 2006 by am1996

[Dr_LHA 3]

In answer to question 2, only you are applying for AOS, so that is what you should put.

[am1996 0]

In answer to question 2, only you are applying for AOS, so that is what you should put.

That makes sense, thanks! Any ideas about the best way to answer the first question?

[Dr_LHA 3]

In answer to question 2, only you are applying for AOS, so that is what you should put.

That makes sense, thanks! Any ideas about the best way to answer the first question?

There was a reason I didn't answer that one. I guess the proper answer would be to be truthful.

[motu 5]

I think you are reading too much into the word 'residence' - Your mentioning that you have lived here on and off for three years does not mean you were a resident of US but a visitor/student/contract worker etc. who came and went as the need arose. If you feel concerned about it then go ahead and explain that you were often here for short periods of times and did not live here for an extended period e.g. three years. Good Luck

Edited August 9, 2006 by motu

[Addie_Goodvibes 0]

Try to make sure there are no Gaps in your last 5 years addresses,

If you had a street adress in USA put it down and Estimate the amount of time spent, then list your permanant address ( Canada), the importance is that there is no gap in where you stayed the past 5 years, depending on how long you were here on different Visa's

I would single most recent USA residenace(address where you last or currently reside) and then list Canada for the remaining time

[am1996 0]

In answer to question 2, only you are applying for AOS, so that is what you should put.

That makes sense, thanks! Any ideas about the best way to answer the first question?

There was a reason I didn't answer that one. I guess the proper answer would be to be truthful.

I have no reason to lie, so that's not what I am asking about. Having an apartment here while I was doing medical rotations in the US on B1 status or staying with my then-bf while I was here on B2 status is perfectly legal and proper. The question is whether it is considered "residence" for the purpose of the question and, if so, how I can answer that question accurately when there is no way for me to figure out the dates of all my trips into and out of the US.

[Dr_LHA 3]

I have no reason to lie, so that's not what I am asking about. Having an apartment here while I was doing medical rotations in the US on B1 status or staying with my then-bf while I was here on B2 status is perfectly legal and proper. The question is whether it is considered "residence" for the purpose of the question and, if so, how I can answer that question accurately when there is no way for me to figure out the dates of all my trips into and out of the US.

If you lived there its considered a residence. If you visited your BF for a couple of weeks then no, but if you moved in, and lived there for 6 months, and didn't have an apartment in Canada at the time, then its definitely a residence.

As for figuring out dates, just give rough, best of your knowledge dates, with no gaps.

Edited August 9, 2006 by dr_lha

[am1996 0]

I have no reason to lie, so that's not what I am asking about. Having an apartment here while I was doing medical rotations in the US on B1 status or staying with my then-bf while I was here on B2 status is perfectly legal and proper. The question is whether it is considered "residence" for the purpose of the question and, if so, how I can answer that question accurately when there is no way for me to figure out the dates of all my trips into and out of the US.

If you lived there its considered a residence. If you visited your BF for a couple of weeks then no, but if you moved in, and lived there for 6 months, and didn't have an apartment in Canada at the time, then its definitely a residence.

As for figuring out dates, just give rough, best of your knowledge dates, with no gaps.

I've always had an apartment in Canada (and still do). Perhaps Motu is right and I am reading too much into the question, but as a B1 and B2 visitor I could not and did not establish a "residence" in the US (in the sense that I was not calling it "home"), but I was physically present in the US, sometimes months at a time.

If any of you have been in and out of the US the way that I have, please let me know how you responded to the question.

[Dr_LHA 3]

As a non-resident alien living continously in the USA for the last 7+ years, I haven't officially been a "resident" in the eyes of the US government. However, this is not the same as filling in the places of residence for the last 5 years on the G325A. If I said I've been residing the UK for that time, it would be a lie, because I haven't. As such I filled out all the places I lived in the USA during that time.