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Change of Address forms - but only one of us has moved for now

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Filed: K-1 Visa Country: United Kingdom

This is a bit of a weird one. I'm wondering if anyone has suggestions, or if you guys think we're handling this correctly.


My husband is on his greencard (he had a K1 visa through me years ago). We plan to do citizenship eventually.


He and I bought a house in another state a few months ago. He was moving out there first, then I was to follow within a few months for various reasons (work, saving a bit more money, packing up the rest of our stuff, etc). I filed his change of address form right after he left, but didn't file the I-865 for myself since I wasn't moving just yet. I figured since I hadn't changed address, it was all fine, as I clearly hadn't moved. I'm living with family at the moment, so I can stay as long as I need to.


Within a few weeks of his moving, he lost his job in the new State as he wasn't a good fit. He's been looking for work since, and it's been about two months. As you can imagine, this has taken a toll on finances with just me working, so even if he's lucky and gets a job in the next month or two, I figure I may need to stay here all year in order to pay off bills and then build savings back up. The marriage is still very much stable and together, only we've got this blip we have to deal with until things improve.

So.....as a result, I'm still not moving, and I'm still not filing the I-865 since I've not moved. The question now is - will this cause any problems for us? Obviously I can prove I've been here and he's been there all this time, but is there something I should do to alert Immigration about this, or is there a possibility they may contact me at some point asking where my form is? I don't expect they will.

When I do send in my forms upon moving, I guess I can include a cover letter and copy of his change of address form just to cover myself?


Anyone ever dealt with this?

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Filed: Citizen (apr) Country: Ecuador

Per your timeline, he's apparently received the 10-year green card, so a lot of pressure is off ("proving" that you're together, etc.).

If you haven't moved, you haven't moved, so no USCIS form is required.

The chance that they'll contact you is indeed remote.

Your proposed solution sounds fine, when you actually move.

If he applies for citizenship under the 3-year rule, you can explain it during that process.

A lot of couples remain apart because of work or other issues, and you're one of 'em.

Good luck with his finding a job and your rebuilding your finances.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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