Seperated due to job related issue, do we need to report to USCIS?

[joonoo 0]

Hi. I would like say thanks first to whoever can give me some answers or anything. It is greatly appreciated.

My wife came to US with K-1 on October 2011 and got her 2 year green card on March 2012. She wasn't able to find a decent job around where I stay for school (Southern California), so she moved to where I originally came from and where she used to live when she was in US before (Northern California). It just popped in my mind that I read somewhere that she needs to report to USCIS if she moves. And when I searched she does have to.

My question is, if we report that she moved to different area alone, would it complicate things in future I-751 process? If it may complicate things, would it be good/bad idea to keep it from USCIS until I-751 process? She could come down to my area where we have the address on file for the interview when time comes.

[VanessaTony 3,567]

No-one will (or should as it's against the TOS) advise you to BREAK THE LAW by not reporting her address change. This lie will be obvious when they look at future tax returns to show she worked in a different area to you. File the AR-11 and cross that bridge when you get to it. As long as you show that you have maintained your relationship with visits etc you should be okay.

[joonoo 0]

Yea now I remember that tax return will have employee's address on there. Thank you for your advice. We will get the AR-11 done ASAP.

[Dave&Roza 748]

Hi. I would like say thanks first to whoever can give me some answers or anything. It is greatly appreciated.

My wife came to US with K-1 on October 2011 and got her 2 year green card on March 2012. She wasn't able to find a decent job around where I stay for school (Southern California), so she moved to where I originally came from and where she used to live when she was in US before (Northern California). It just popped in my mind that I read somewhere that she needs to report to USCIS if she moves. And when I searched she does have to.

My question is, if we report that she moved to different area alone, would it complicate things in future I-751 process? If it may complicate things, would it be good/bad idea to keep it from USCIS until I-751 process? She could come down to my area where we have the address on file for the interview when time comes.

She must report any address change within 10 days. Your residence is where you expect to park you shoes at night and sleep in what you call "your bed". You as the USC must report your address change using the I-865 form until she fulfills the requirements to be released from the I-864 form you signed for AOS. That is what is in store for you.

I say live your life as you see fit, not how it looks to some government employee who will be looking at your case for ROC. I feel that if I am still married when ROC comes around that is 95% of the battle given the differences in cultures etc. As long as you can explain why you are seperated. You could even argue that your school address is temporary and you expect to live premently at the address your wife uses. Since you are in school, that is a whole different ball of wax then a couple living apart for employment reasons, but I would still tell them to not worry (as a mater of fact I did in another thread where the wife moved to a different city because she could not find a job where her husband was living). I would make certain to follow the rules regarding the change of address and document all visits.

Good luck,

Dave

Edited June 22, 2012 by Dave&Roza