Did nit know about I-865

[Miss Missy 0]

Hi everyone. I am currently a sponsor of my husband who originally came to the US on a fiance visa but now has his green card and we need to change conditions. Has anybody ever not known to submit the I865 for yourself, the sponsor, when you moved? I submitted the AR 11 for my husband but I have not been submitting it for me. What happens now that I am submitting it late?

[akihon 129]

Hi everyone. I am currently a sponsor of my husband who originally came to the US on a fiance visa but now has his green card and we need to change conditions. Has anybody ever not known to submit the I865 for yourself, the sponsor, when you moved? I submitted the AR 11 for my husband but I have not been submitting it for me. What happens now that I am submitting it late?

I just found out YESTERDAY that my husband was supposed to submit the 865 and my window for ROC opens this weekend. I asked Dave&Roza about it and he said to just file it before you send your 751 packet. I'm mailing the 865 off today and going to wait for the NOA to come back before I sent off my 751. My husband also put the effective date as Oct 1 last year, because that was when our new lease started. Fingers crossed.

As far as Dave knows, nothing has happened to those who didn't submit change of address notifications. In fact, I thought my first AR-11 didn't go through (I submitted it the day I moved into my new address) and resubmitted just a couple weeks ago. So far, so good.

Edited July 9, 2014 by akihon

[Dave&Roza 748]

Hi everyone. I am currently a sponsor of my husband who originally came to the US on a fiance visa but now has his green card and we need to change conditions. Has anybody ever not known to submit the I865 for yourself, the sponsor, when you moved? I submitted the AR 11 for my husband but I have not been submitting it for me. What happens now that I am submitting it late?

I have no knowledge of the US government taking any legal action on a USC for failing to file the I-865. I do not know of any consequences of not filing. Most people in the US are not used to having to update the US government of an address change and do not realize that there are certain circumstances where they must inform the government when they move. As far as I know the USCIS has submitted an information collection activity with the office of management and budget which means they can request the information and have a right to do so, but there is no criminal or civil penalty for not complying with the request.

Just complete the I-865 form ASAP and remember to do this and the AR-11 the next time you both move until the I-864 is not longer in effect.

Dave

Edited July 9, 2014 by Dave&Roza

[funkymunky 11]

Wait are you asking about filing it for yourself(the sponser/ usc)? As far as I know it's only for the beneficiary/alien relative. We only ever filed for me (AR) and not hubby, although he is the one who filed via phone. Nothing has ever happened to us.

[akihon 129]

Wait are you asking about filing it for yourself(the sponser/ usc)? As far as I know it's only for the beneficiary/alien relative. We only ever filed for me (AR) and not hubby, although he is the one who filed via phone. Nothing has ever happened to us.

The AR-11 is for the alien relative. The I-865 is for the sponsor on the I-864 aka the US Citizen.

[funkymunky 11]

Oh ok, I didn't realise both had to file. We always did it by phone so maybe we did indeed file both. If not, nothing has happened anyway.

[Miss Missy 0]

Thanks everyone. I will go ahead and submit the I865. The USCIS has already received my I 751, so all I can do is try at this point.

Thanks again...

[Slowloris 17]

On 7/9/2014 at 7:23 PM, Miss Missy said:

Thanks everyone. I will go ahead and submit the I865. The USCIS has already received my I 751, so all I can do is try at this point.

Thanks again...

I am in your shoes right now, just realized my USC husband had to file i865 after we moved and I have already mailed my i751. What happened in your situation?

[Name O Boy 511]

3 hours ago, Slowloris said:

I am in your shoes right now, just realized my USC husband had to file i865 after we moved and I have already mailed my i751. What happened in your situation?

You should be okay. Just tell your husband to send it as soon as possible with a cover letter explaining the delay, good luck. 

[TabeaK 517]

Yes, we have always filed the AR-11 (online) - just get an email confirmation - and the I-865 vial postal mail. For the latter, you get a confirmation letter. Took 2 months to receive in my most recent case.

[NikLR 13,227]

Honestly it is fine.  Legally the sponsor and any joint sponsors need to file the I-865.  It will not affect your I-751 if they do not.  My husband still hasn't filed it... my ROC was easy as pie.  

In his case though the US government always knows where we are living.  LOL 

(He works for the govt btw..)

[Name O Boy 511]

5 hours ago, NikLR said:

Honestly it is fine.  Legally the sponsor and any joint sponsors need to file the I-865.  It will not affect your I-751 if they do not.  My husband still hasn't filed it... my ROC was easy as pie.  

In his case though the US government always knows where we are living.  LOL 

(He works for the govt btw..)

3

Many people are unaware of it because they don't come across it. It is required by law to notify USCIS. The instructions are clear:

 

If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-865, we will reject your Form I-865, and may deny any other immigration benefit. In addition, you will face severe penalties provided by law and may be subject to criminal prosecution. If you fail to give notice of your change of address, as required by 8 U.S.C. 1183a(d) and 8 CFR 213a.3, you may be liable for the civil penalty established by 8 U.S.C. 1183a(d)(2).

[NikLR 13,227]

Im saying the i-751 will not be rejected, denied or issued an rfe due to a missing original petitioner document.  The lpr becomes the petitioner for the I-751 so the form has no bearing on them. 

[Slowloris 17]

mailed it today, thank you for your input. 

[TBoneTX 45,522]

Thread from 2014 is now closed.

Edited March 4, 2018 by TBoneTX