Urgent Question about change of Status

P

premansh

Registered Users (C)
Hi,

I have applied for change of status through spouse ( I 130, I 485 and I 765 ). I applied in first week of Feb 2011 and I already received my EAD on 4th April 2011. Now we are waiting for our Interview Letter to come. I have applied from new York City and posted everything to Chicago lock box.

My question is that I got a job offer in some other state now and my spouse is working in New York itself. I am planning to join the company and then come back to New York with the same company. Do I have to inform the USCIS ? In the meanwhile my spouse will still work in New York itself and we will pay the rent and everything in New York and at the other state also.


We have our apartment in New York for last 2 years and we have all the documents to defend us ( as we are genuine case ).

I am planning to ask my visit once a month at least for coming 6 months. So that we can also stay in touch.

To support we have :
1. Apartment lease
2. Insurance
3. Joint bank account
4. Gym membership for last 2 years
5. Tons and tons of family pictures together and our visit to different places.
6. 30 letter and cards ( when we were dating )

I believe it should be enough for the Interview.

Please advice as how I should approach my temporary stay at other state ( due to work ).

Thanks,
P
 
Did you write your New York residence on the paperwork? Are you going to maintain that same New York residence during the green card process? Will you obtain a keep a New York state ID or driver's license by the time of the interview, with the ID/DL having the same address you gave on the green card paperwork? Has your spouse changed employers?
 
Jackolantern said:
Did you write your New York residence on the paperwork? Are you going to maintain that same New York residence during the green card process? Will you obtain a keep a New York state ID or driver's license by the time of the interview, with the ID/DL having the same address you gave on the green card paperwork? Has your spouse changed employers?
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Thank you for the quick reply Jackolantern.

Did you write your New York residence on the paperwork?
Yes, We are at the same address for last year and half, and planning to stay another 3-4 years. It is just for a small project 6 months to 1 year duration that I will be in another state. ( but my spouse will visit me every month ).

Are you going to maintain that same New York residence during the green card process?
Yes, We will maintain the same address. I will another address for my work, but all my bank info state ID and everything is under my NY address and I am not planning to change it.

Will you obtain a keep a New York state ID or driver's license by the time of the interview, with the ID/DL having the same address you gave on the green card paperwork?
I already have a New York state ID for last 3 years and it is having my old address ( New York address only ). I have not applied for change of address on my state ID. Is it necessary to change address ?


Has your spouse changed employers?
My Spouse is working for the same employer and she will continue in long term also. It is just I got a once in a life time opportunity that is very hard to resist. My employer will be transferring me back to New York in 6 months to 1 year.

Please advice the next steps.
 
premansh said:
Will you obtain a keep a New York state ID or driver's license by the time of the interview, with the ID/DL having the same address you gave on the green card paperwork?
I already have a New York state ID for last 3 years and it is having my old address ( New York address only ). I have not applied for change of address on my state ID. Is it necessary to change address ?
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Definitely yes. If you and your spouse don't have the same address on both your IDs when you show up for the interview, and/or the address on your ID doesn't match the address on your GC paperwork, that's a problem that will make your interview more difficult and they're likely to delay the approval until you change the address on the ID and submit proof of having done so.

My Spouse is working for the same employer and she will continue in long term also. It is just I got a once in a life time opportunity that is very hard to resist. My employer will be transferring me back to New York in 6 months to 1 year.
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Good. You're both maintaining the same primary residence and employment, and presumably receiving all your mail at the permanent address, so there is no need to inform USCIS of temporary assignments elsewhere. Just make sure to change the address on your ID to match your current primary residence.
 
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Jackolantern said:
Definitely yes. If you and your spouse don't have the same address on both your IDs when you show up for the interview, and/or the address on your ID doesn't match the address on your GC paperwork, that's a problem that will make your interview more difficult and they're likely to delay the approval until you change the address on the ID and submit proof of having done so.


Good. You're both maintaining the same primary residence and employment, and presumably receiving all your mail at the permanent address, so there is no need to inform USCIS of temporary assignments elsewhere. Just make sure to change the address on your ID to match your current primary residence.
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Thank you again for the quick feedback :).

I have my state ID from my F1 status and it has a temporary visitor date ( which is expired ) and a card expiration date ( which is 20 years from now ). I went to renew that and the official told me that I can not change the state ID like that, I have to get the green card and then change it ( In short, on the basis of EAD card they can not change the information on the card ).

Any possible solution for that ?

Else to show that we are living on the same address :- we have Coned ( electricity ) bill, Mobile bill, Family Insurance, Internet + TV bill, Joint bank account statement, Gym membership, etc.

I believe it should be enough. Since I was on F1 earlier, so I usually show my Passport as my primary ID.
 
premansh said:
Thank you again for the quick feedback :).

I have my state ID from my F1 status and it has a temporary visitor date ( which is expired ) and a card expiration date ( which is 20 years from now ). I went to renew that and the official told me that I can not change the state ID like that, I have to get the green card and then change it ( In short, on the basis of EAD card they can not change the information on the card ).
Click to expand...
DMV clerks are often very ignorant about immigration-related rules. If you have your documents in order and one DMV rejects you, going to another DMV office often resolves the problem (or even going to the same office and seeing a different clerk).

But before you revisit the DMV you need to make sure your documents are actually in good order. I think NY has a points system where certain documents have a number of points and you must have a particular point total. You'll probably need your SSN card + I-485 receipt + EAD + proof of address. And possibly your I-94 ... although it probably won't be of use if it's expired. Did you switch to H1B after your F1 ended? Or do you still have the F-1 I-94 with D/S written on it?
 
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Jackolantern said:
DMV clerks are often very ignorant about immigration-related rules. If you have your documents in order and one DMV rejects you, going to another DMV office often resolves the problem (or even going to the same office and seeing a different clerk).

But before you revisit the DMV you need to make sure your documents are actually in good order. I think NY has a points system where certain documents have a number of points and you must have a particular point total. You'll probably need your SSN card + I-485 receipt + EAD + proof of address. And possibly your I-94 ... although it probably won't be of use if it's expired. Did you switch to H1B after your F1 ended? Or do you still have the F-1 I-94 with D/S written on it?
Click to expand...

I still have F1 I-94 with D/S written on it. I will try this week as you have suggested to different DMV. You are correct, the cleark at DMV was very lazy and rude.

Thanks once again Jackolantern :)
You are my rescue hero on Internet ( immigration cases ).
Have a great week ahead.
 
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