Need AR-11 if applying for a REP? **** please help

[dfagen19]

Do you need to send in an AR-11 after you apply for a REP considering that you are moving out of the country? Called USCIS 800 # and they gave me 2 different answers. Got a yes the 1st time and a No the second time.. **** Please Help.

What address would you use on the AR-11? Gave my Sis-in-law's US address as the address to mail the approved application to (also using this as our fwding address with USPS).

Also, how does USCIS know that you are in the US when you filed the application? What if they send an RFE in after I leave the country?

Will not be leaving for India until a month from now.

[pralay]

Originally Posted by dfagen19

Do you need to send in an AR-11 after you apply for a REP considering that you are moving out of the country? Called USCIS 800 # and they gave me 2 different answers. Got a yes the 1st time and a No the second time.. **** Please Help.

When you are outside USA, you don't need to file AR-11. AR-11 applies only when you move inside USA (or just entered USA). Basically AR-11 is applicable only after you entered in USA. So, when you move back to USA next time and get your new residence, you do need to file AR-11.

[Apollo_13]

Originally Posted by ****

Pralay is correct.
And, never believe anything from the 800-number misinformation line. These people are not trained in the law. If you are in doubt, ask a lawyer.

I guess USCIS customer rep's answer makes sense.

This person is not going out of country on a vacation. He is temporarily moving out of country. So, I think he should submit AR-11 since his old address(US address) is no longer correct.

Dude, better check with an attorney too.

[pralay]

Originally Posted by Apollo_13

This person is not going out of country on a vacation. He is temporarily moving out of country. So, I think he should submit AR-11 since his old address(US address) is no longer correct.

Vacation, temporary, parmanent is not a factor for AR-11. The basic rule is that when your are in USA, you need to notify your current address to DHS. When you are outside DHS jurisdiction, you don't need to notify - whether you are absent for only five days or five years.

It's true for vacation too. For example, one H1 worker went for vacation outside USA for one month. Before going to vacation he vacated his apartment. Before going to vacation he does not need to notify his vacation address to DHS. However, when to comes back from vacation and rent a new apartment, he needs to notify DHS by filing AR-11.

On the other hand, another H1 worker went for vacation but his apartment address remained same (he did not leave his apartment). In that case he does not need to refile AR-11 because DHS already has his address (and that is current).

In more simplified way: Every time you leave USA, you don't need to care about filing AR-11. Everytime you enter USA, you need to ask yourself if DHS has your current address.

[dfagen19]

Thanks for confirming. it did not make sense that AR-11 is required considering that the law states that alines IN the US are required to file it. Since I am OUT, I should not need one. Always good to hear a seconf opinion.

What about the second part of my question? How will CIS know that I was physically present the date of filing the application? Should I mail in a sworn affidavit ahead of time or wait for an RFE? In any case, what kind of evidence will they ask for if there is an RFE rgarding this? Will it be something that I can produce from India?

[rajmash]

you can photograph yourself with that days newspaper- front page near a landmark and send that as proof.

you may be interested in this:
http://www.immigrationportal.com/sho...d.php?t=195661

Originally Posted by dfagen19

Thanks for confirming. it did not make sense that AR-11 is required considering that the law states that alines IN the US are required to file it. Since I am OUT, I should not need one. Always good to hear a seconf opinion.

What about the second part of my question? How will CIS know that I was physically present the date of filing the application? Should I mail in a sworn affidavit ahead of time or wait for an RFE? In any case, what kind of evidence will they ask for if there is an RFE rgarding this? Will it be something that I can produce from India?

[pralay]

Originally Posted by dfagen19

What about the second part of my question? How will CIS know that I was physically present the date of filing the application? Should I mail in a sworn affidavit ahead of time or wait for an RFE? In any case, what kind of evidence will they ask for if there is an RFE rgarding this? Will it be something that I can produce from India?

In addition to whatever mentioned above, the other good evidences are your fight ticket (or e-ticket receipt), iternary and boarding pass for the flight leaving US airport. All the threse documents have your name.