Do we have to file form I-865?

[mbssss 105]

Hi everyone! 
 

Does my husband/sponsor need to sign and send the I-865 even though my AOS have not been approved yet or is that just for approved applications?

[NancyNguyen 1,657]

I-864s have to be sent with AOS package.

[mbssss 105]

1 minute ago, NancyNguyen said:

I-864s have to be sent with AOS package.

I’m talking about I-865 which is the form to change address for the sponsor with USCIS.

[NancyNguyen 1,657]

Just now, mbssss said:

I’m talking about I-865 which is the form to change address for the sponsor with USCIS.

Well sponsor sends it whenever he moves, is it the form's purpose? But I don't think someone ever do that though.

[HRQX 4,145]

1 hour ago, NancyNguyen said:

But I don't think someone ever do that though.

"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)." https://www.uscis.gov/sites/default/files/document/forms/i-864instr-pc.pdf

[Mariam&Smith 45]

2 minutes ago, HRQX said:

"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)." https://www.uscis.gov/sites/default/files/document/forms/i-864instr-pc.pdf

How many people actually sent I-865s? Do you have fact?

[HRQX 4,145]

2 minutes ago, Mariam&Smith said:

How many people actually sent I-865s? Do you have fact?

Back to main topic...

 

Since I-485 is still pending, Sponsor's address could be updated at I-485 interview. We cannot advise them not to report the change of address, per VJ TOS: https://www.visajourney.com/terms-of-service/

[Crazy Cat 39,227]

37 minutes ago, Mariam&Smith said:

How many people actually sent I-865s? Do you have fact?

I did.....It is REQUIRED by law.   Why would you NOT send it?

Edited December 11, 2020 by Lucky Cat

[mbssss 105]

9 hours ago, Lucky Cat said:

I did.....It is REQUIRED by law.   Why would you NOT send it?

In conclusion, we will be sending it to them tomorrow. We'd rather not risk it and its such an easy form anyway since you don't have to include any other supporting evidence.

 

Thanks everyone! 

Edited December 12, 2020 by mbssss

[HRQX 4,145]

54 minutes ago, mbssss said:

In conclusion, we will be sending it to them tomorrow. We'd rather not risk it and its such an easy form anyway since you don't have to include any other supporting evidence.

In your case, the government actually prefers you to update the Sponsor's address at the interview. Before the I-485 is approved there is no I-864 "in effect." See 8 CFR § 213a.3(a)(1): "Filing requirements. If the address of a sponsor (including a substitute sponsor or joint sponsor) changes while the sponsor's support obligation is in effect, the sponsor shall file a change of address notice within 30 days, in a manner as prescribed by USCIS on its address change form instructions."

Edited December 12, 2020 by HRQX

[mbssss 105]

15 hours ago, HRQX said:

In your case, the government actually prefers you to update the Sponsor's address at the interview. Before the I-485 is approved there is no I-864 "in effect." See 8 CFR § 213a.3(a)(1): "Filing requirements. If the address of a sponsor (including a substitute sponsor or joint sponsor) changes while the sponsor's support obligation is in effect, the sponsor shall file a change of address notice within 30 days, in a manner as prescribed by USCIS on its address change form instructions."

Oh, perfect.Thanks a lot!