Applying for AOS with pending change of address

[randompan 0]

Hi all. My wife and I have just about finished assembling everything for the AOS package and were planning on sending it out last week. I've realized however that there's a bit of a complication. I moved back to the US from Japan in April and had to finish up graduate school, so I have not been employed since the end of March. I just had an interview up in Iowa with a strong potential for a job offer (I'll know by early next week, most likely), and if I get it, we'll probably be moving up there (from Oklahoma) in the next few weeks (the job would start in mid-August). My wife arrived in the country in mid-June (we got married about 10 days later), so her K-1 visa is valid until the middle of September. That gives us a bit of a buffer yet to get the package sent off, but given that she'd like to go back to Japan for a visit around New Year's and USCIS can take 3-5 months to process an AOS, we'd like to get moving on it as soon as possible.

I understand that we would use an AR-11 and I-865 to change our address through USCIS if we filed the AOS ahead of moving. But of course we'd also have to find a place to live up in Iowa before we could actually file for a change of address - something that I'm not sure would be taken care of within 10 days of us leaving Oklahoma. So, which would be the better route to go with? File now and change the address later or wait until we actually move to send off the package? And if we went for the latter, would we still need to file an AR-11?

[randompan 0]

Sorry, I meant to post this in the AOS (Green Card) from Family Based Visas section. I accidentally clicked to start a new topic in the wrong tab. Hopefully a moderator can just move it. Anyways, if anyone has any advice, please let me know.

[asdfg 18]

If I were you I would submit a package after settling where you expect to be for however long the duration of AOS will be.

Although you can do change of address online and mail AR11, I have read in forums that there are instances where notices are still being mailed to originally provided address on application.

Of course you can file anytime and later file change of the address, but you have to consider the possibility that your case notices may be mailed to your old address.

[randompan 0]

If I were you I would submit a package after settling where you expect to be for however long the duration of AOS will be.

Although you can do change of address online and mail AR11, I have read in forums that there are instances where notices are still being mailed to originally provided address on application.

Of course you can file anytime and later file change of the address, but you have to consider the possibility that your case notices may be mailed to your old address.

Thanks for the input. For now I think we are just going to wait a little longer, hopefully until we know for sure where we're going to be. We still have some time before we really need to get everything sent off, and we can always include an I-131 so my wife can get advance parole for a visit home.

[Dave&Roza 748]

Hi all. My wife and I have just about finished assembling everything for the AOS package and were planning on sending it out last week. I've realized however that there's a bit of a complication. I moved back to the US from Japan in April and had to finish up graduate school, so I have not been employed since the end of March. I just had an interview up in Iowa with a strong potential for a job offer (I'll know by early next week, most likely), and if I get it, we'll probably be moving up there (from Oklahoma) in the next few weeks (the job would start in mid-August). My wife arrived in the country in mid-June (we got married about 10 days later), so her K-1 visa is valid until the middle of September. That gives us a bit of a buffer yet to get the package sent off, but given that she'd like to go back to Japan for a visit around New Year's and USCIS can take 3-5 months to process an AOS, we'd like to get moving on it as soon as possible.

I understand that we would use an AR-11 and I-865 to change our address through USCIS if we filed the AOS ahead of moving. But of course we'd also have to find a place to live up in Iowa before we could actually file for a change of address - something that I'm not sure would be taken care of within 10 days of us leaving Oklahoma. So, which would be the better route to go with? File now and change the address later or wait until we actually move to send off the package? And if we went for the latter, would we still need to file an AR-11?

First, the K-1 visa expired the day she arrived in the US. It is the I-94 expiration date that is important. When the I-94 expires she is out of status which is not a big deal as those days are forgiven when married to a USC. Then I would wait unitl you get the new job as the I-864 does have an income requirement which you do not meet given that you are currently unemployed. You do not have to file a change of address for the I-864 until after the I-864 is approved. All mailing should go to the address you put on the application. I would file the AR-11 on-line and then mail in the I-485 application that way you are covering yourself. Since she wants to travel, I am assuming you are filing for EAD/AP at the same time as the AOS? The fees are waived and they usually take less time to get. If she does go for AP just make certain she does not go over 180 days of being out of status as that would make her inadmisable to re-enter the US and you would have to start all over with the spousal visa. Always send in the electronic notification form so you get electronic notifications just as a back up to the change of address.

Good luck,

Dave

Edited July 30, 2012 by Dave&Roza

[randompan 0]

First, the K-1 visa expired the day she arrived in the US. It is the I-94 expiration date that is important. When the I-94 expires she is out of status which is not a big deal as those days are forgiven when married to a USC. Then I would wait unitl you get the new job as the I-864 does have an income requirement which you do not meet given that you are currently unemployed. You do not have to file a change of address for the I-864 until after the I-864 is approved. All mailing should go to the address you put on the application. I would file the AR-11 on-line and then mail in the I-485 application that way you are covering yourself. Since she wants to travel, I am assuming you are filing for EAD/AP at the same time as the AOS? The fees are waived and they usually take less time to get. If she does go for AP just make certain she does not go over 180 days of being out of status as that would make her inadmisable to re-enter the US and you would have to start all over with the spousal visa. Always send in the electronic notification form so you get electronic notifications just as a back up to the change of address.

Good luck,

Dave

Dave, thanks for the reply. I've been waiting to respond to it until I had a firm idea what our plans were going to be. I ended up actually getting an offer here in town a couple weeks ago, so I'm now employed once again and therefore well-prepared for the affidavit of support (my mother was already planning on being a joint sponsor though, so the finances weren't really going to be an issue either way).

The address matter is still something that needs to be worked out though. We've been house-shopping around town and just decided on a place a few days ago. Assuming that we do come to an agreement with the seller over the course of the next week or so, we will probably be moving towards the end of September. My wife's I-94 is set to expire on September 11th though, so I feel like we really should get the AOS packet off before then. The other consideration is that we want to make sure she got approved for advance parole in time for a New Year's visit home (yes, we were planning on including it in the AOS packet). So, that would then mandate us changing the address via an AR-11 after we did move.

At least from this standpoint, we could still check our mail at the current address even after we move. The only kicker is that the house here is now on the market (we're living with my mother and she's downsizing to a new house this fall). If no one buys it in the next few months, it wouldn't be a problem at all to keep on checking the mail here in case something gets stuffed up in the change of address with USCIS. But if someone does, we'd really need to make sure that everything was updated to our new address.

So I guess the question is: is it better to send things now (and change the address after we move) or not?

[asdfg 18]

You are asking very difficult question.

From what I understand reading experiences of various posters on forums, there are different branches within or outside of USCIS who do the address change. I have no idea ho wit works, but it appears that when you call you speak to a person ( a contractor) who sends your address change request somewhere and then from somewhere it has yet to be updated somewhere else and etc.

I am not sure how many somewheres AR-11 goes through, but I wouldn't be surprised if there is more than one.

I came to this conclusion based on some posters' reporting how the change of address was unknown or not updated in a system or in one or another part of USCIS after a long while.

Not all posters report such problems, many have no problems whatsoever. I know people who called and sent AR-11 and never had any problems whatsoever, with all further notices coming to a new address.

The point is: if you change address after you file there is a possibility that you won't get anything at a new address, there is also a possibility that it will be updated promptly and you will have no issues whatsoever.

If you do not move after filing you are guaranteed not to have address change related issues.

Now , based on what you know, it's your choice and your decision how to proceed.

Good luck.