ImmigrationUSCIS Visiting House of USC and Immigrant Spouse

[GoDogs]

Hello everyone.

USC married immigrant spouse (filing AOS). Because of the comments from this forum, and the importance of cohabitation and putting the same address on forms, USC's parents have decided that the couple can use their address for the time being.

Immigrant spouse is finalizing the move to the house and will file paperwork before fully moved in. This might take a month or a couple of months.

Do you see any problems in this? Will USCIS call and verify if the spouse(s) are there? Will they visit the home to see if the couple is fully moved in?

Any comments will be appreciated.

[captainkit]

Can you clarify, are the couple moving into their parent's home, the one they're putting on the paperwork?

Or are they using their parent's home simply as a filing address while they move into another home?

Very different answers!

[GoDogs]

Hi Captain:

Both options are actually on the table. Can you respond to both scenarios, this may help us decide.

Can you clarify, are the couple moving into their parent's home, the one they're putting on the paperwork?

Or are they using their parent's home simply as a filing address while they move into another home?

[captainkit]

If the couple is moving into the parent's home within a month or two, they can probably safely put that address on the paperwork. It will likely take more than a month for USCIS to start digging around for information (immigration doesn't make home visits unless they're suspicious.) But they must always tell the truth when dealing with USCIS... perhaps "we moved in gradually over the fall, but we were really settled by November." And they must put all past addresses on the paperwork, even if they overlap with the new residence. If they really want to worry about it, they should have personal items belonging to both of them in "their" room in the house, that way it's more convincing that they have been staying there in case someone does come knocking.

If they don't intend to live full-time in their parent's home within a couple of months, I wouldn't put it on the paperwork as their address. You don't want to lie to USCIS. It's not such a stretch to be living apart when first married but move in together soon after. They can file a change of address notification with USCIS at that point... if they are living together at the time of interview (normally 6-12 months after filing) and have evidence to document that, it shouldn't be a problem that they spent a couple of months at the start getting things together.

Keep in mind, none of this is legal advice. When in doubt, always tell the whole truth. Too many people on here think they need to cover up little things that would probably have been forgiven if they'd just given the true explanation... and they get themselves into lots of trouble because they lied.

[GoDogs]

captain:

We are planning on getting a place right after immigrant spouse receives the EAD. We were advised by a lawyer, during consultation, never to put 2 different addresses on the forms. Now, the USC spouse still uses the parent's address as her permanent address (still a student). And if we need to, we can put some personal items in the house, but it will be temporary until we can find an apartment of our own. So if all goes as planned, when we receive the EAD, we will file a change of address form. But we are planning on moving together, if not at the parents place then in our own place in the near future.

By the time of the interview, we will surely have our own place. What did you mean by "USCIS digging information" - would this be before or after the interview. Please elaborate.

Thank you so much.

[captainkit]

I am not the best source on this. My understanding is that if the immigrant spouse has not done anything illegal that would have attracted the attention of immigration authorities previously, it is unlikely that they will be investigated until after the interview, and only then if the interview doesn't satisfy USCIS that everything is legit.

I've seen two cases on here where a person has been "raided" or immigration has gone to the home without warning... in one the wife had overstayed her previous visa, in another there was some kind of criminal case involved. It isn't likely to happen in a straightforward marriage-based case before interview.

Personally, I would file with your actual addresses and submit a change of address when you do move in together. You don't want to take a chance and lie about something that probably won't be a big deal (assuming you are living together and have notified USCIS of this by the time you go for interview.)

[TheRealCanadian]

Originally Posted by GoDogs

We were advised by a lawyer, during consultation, never to put 2 different addresses on the forms. Now, the USC spouse still uses the parent's address as her permanent address (still a student). And if we need to, we can put some personal items in the house, but it will be temporary until we can find an apartment of our own.

What an idiot lawyer. While putting separate addresses makes things more challenging, if you are living together at the time of the interview then you should be fine. Don't play games with USCIS; unless you are a practiced lawyer you cannot pull it off. Just do things like you normally would and be honest.

If you have a shared residence come interview time you should be fine.

[GoDogs]

What risks do we take if we follow the advice of the lawyer?

1) Will USCIS check if we live in the house before the interview? The truth will sound pretty plausible - and that I am finalizing my move with the spouse who claims the parents' house as her permanent residence. And by the time immigrant spouse gets the EAD, we will file a change of address form and have our own place.

2) Any more comments will be appreciated.

[GoDogs]

Anyone else want to weigh in?