AR-11 BIG delay...

[Lunastar]

Hey everyone!

I've been away for a little while (sorting out a lot of issues), but I'm back with questions for you pros to help me with.

My husband and I moved in February this year. For one reason or the other (mainly forgetfulness), I kept pushing the filing of the AR-11 forward. I kept getting scared cause I didn't meet the deadline and not doing for fear of what would happen if I did.

Now I've decided I've gotta end this once and for all. They're going to see my lease when I apply for the permanent card anyway!
So, it's been 5 months. What do you think they'll do if I file the AR-11 now?
Will I have to pay for a penalty fee, or would it be worse?

Please let me know, I want to get over this already!

Thanks

 

[Dani]

Hey everyone!

I've been away for a little while (sorting out a lot of issues), but I'm back with questions for you pros to help me with.

My husband and I moved in February this year. For one reason or the other (mainly forgetfulness), I kept pushing the filing of the AR-11 forward. I kept getting scared cause I didn't meet the deadline and not doing for fear of what would happen if I did.

Now I've decided I've gotta end this once and for all. They're going to see my lease when I apply for the permanent card anyway!
So, it's been 5 months. What do you think they'll do if I file the AR-11 now?
Will I have to pay for a penalty fee, or would it be worse?

Please let me know, I want to get over this already!

Thanks

Nothing's gonna happen. Just file the AR-11 when you can, but the sooner the better.

 

[Lunastar]

Hey, thanks for the fast response!

That's good to hear, will try to efile right away (always had problems with the efiling).

Another question, do I also need to file the I-865? What's the difference between them?

Thanks!

 

[EricNeesGC]

Go ahead and file AR-11 now. Also make sure to call the information line and tell them to change your address on each and every pending application that you have with USCIS. This is very important. AR-11 does not change your address on pending applications.

 

[pianoplayer]

Hey, thanks for the fast response!

That's good to hear, will try to efile right away (always had problems with the efiling).

Another question, do I also need to file the I-865? What's the difference between them?

Thanks!

File the AR11 and the I865 as soon as possible. The I865 is actually supposed to be filed by your sponsor and joint sponsors(if any). It is the form for address change of sponsors.

E.g. if Jack is the USC sponsor and Jill is the applicant(based on marriage), when they move; Jill would file AR11 and Jack would file I865 address change as her sponsor, since he is changing address also. If you have any joint sponsors that move at any time, they also need to file I865.

Like Eric said, also be sure to call 1800 number in to change address with them, in case you still have pending applications. You may also choose to additionally write all offices handling your applications, including a copy of all relevant receipt notices.

Best wishes

 

[Lunastar]

Thanks all of you for the info!

I'm not sure if I have any pending applications with the USCIS. I've been granted a temporary Green Card and I'm waiting to file the I-751, would that count as a pending application?

Also, I tried efiling both forms last night and had no success. I created a user and everything, and although next to both forms, there's a sign that indicates efiling is possible, when I go to the efiling part of the website, those forms are not shown... am I doing something wrong?

If it doesn't work out, I'll have to mail them, but it's kind of an inconvenience through the week, so I thought efiling would be easier.

Any suggestions?

 

[Dani]

Thanks all of you for the info!

I'm not sure if I have any pending applications with the USCIS. I've been granted a temporary Green Card and I'm waiting to file the I-751, would that count as a pending application?

Also, I tried efiling both forms last night and had no success. I created a user and everything, and although next to both forms, there's a sign that indicates efiling is possible, when I go to the efiling part of the website, those forms are not shown... am I doing something wrong?

If it doesn't work out, I'll have to mail them, but it's kind of an inconvenience through the week, so I thought efiling would be easier.

Any suggestions?

1. All you have to file is AR-11. There's not need for anything else.
2. You don't have anything pending yet since you are haven't send I-751 yet.
3.You can't e-file AR-11, only by mail.
4. Just print the form, put in the envelop and drop into the mail box

 

[Lunastar]

Thank you very much, Dani!

My husband doesn't have to file the I-865 then? Sorry, it's a bit confusing at first...

 

[Dani]

Thank you very much, Dani!

My husband doesn't have to file the I-865 then? Sorry, it's a bit confusing at first...

No problem! No, your husband doesn't have to file I-865 at all, cause you already have your conditional GC, right? If you were in the process of I-485, than yes, he should file it. But since you are already a permanent resident you sponsor doesn't have to file it. I also filed AR-11 (only!) while my I-751 was pending. I called them and thay said my husband didn't have to file any I-865. Here's the thing - after you file AR-11 by mail, you ALSO have to call the 1-800 customer cervice number to update you change of adress by phone. After that, within a couple of weeks they will send you a confirmation letter stating that your adress has been changed in their system. Here's a useful link:

http://www.uscis.gov/graphics/howdoi/address.htm

 

[Pinturicchio]

No problem! No, your husband doesn't have to file I-865 at all, cause you already have your conditional GC, right? If you were in the process of I-485, than yes, he should file it. But since you are already a permanent resident you sponsor doesn't have to file it. I also filed AR-11 (only!) while my I-751 was pending. I called them and thay said my husband didn't have to file any I-865. Here's the thing - after you file AR-11 by mail, you ALSO have to call the 1-800 customer cervice number to update you change of adress by phone. After that, within a couple of weeks they will send you a confirmation letter stating that your adress has been changed in their system. Here's a useful link:

http://www.uscis.gov/graphics/howdoi/address.htm

Sorry Dani, but your information is incorrect. A sponsor who has at any point signed an affidavit of support on behalf of an immigrant is required to file the I-865 within 30 days of changing residence as long as the sponsorship agreement remains in force.

According to the instructions on the I-865 form, the sponsorship agreement remains in force until the immigrant:

1. becomes a US citizen
2. Can be credited with 40 quarters of work
3. Departs the US permanently .....
4. In removal proceedings, loses the permanent residence status
5. Dies.

So even if the immigrant has no pending application with USCIS, until one of those conditions mentioned takes place, a sponsor is required to file the I-865 an indication that he/she is still bound by the I-864 contract he signed.

As for the people that work at the 1-800 number, we all know they don't know sh!t. I'd go as far as saying you would have a better chance of doing the right if you guessed than if you follow their advice.

 

[Lunastar]

Now I'm really confused... I wonder how Dani did it then...

What would qualify as 40 quarters of work anyway? I've got no problem giving my husband the form to file, but I know how the USCIS is, and if I send something I'm not supposed to, they might get silly with my application.

Either way, there's got to be something like "the right way" I bet there's a lot of people here who've moved ever since they've been here.

So... anyone with personal experience who can tell me how they did it? (not that I don't value the other comments )

 

[pianoplayer]

Now I'm really confused... I wonder how Dani did it then...

What would qualify as 40 quarters of work anyway? I've got no problem giving my husband the form to file, but I know how the USCIS is, and if I send something I'm not supposed to, they might get silly with my application.

Either way, there's got to be something like "the right way" I bet there's a lot of people here who've moved ever since they've been here.

So... anyone with personal experience who can tell me how they did it? (not that I don't value the other comments )

Dani's advice is NOT CORRECT:

you DO have to have your husband file the I865. It is in the instructions of the I864. Dani may not have done it, but that does not make it 'the right way'. With no offense meant to Dani(she was only trying to help you according to her experience), follow USCIS instructions, not instructions by posters who are laypeople in a forum.

To give you the legal reason, the I864 continues even after you become a conditional permanent resident, therefore the sponsor needs to also change his address if he moves. Only when certain conditions are met such as becoming a US citizen(and others, I believe another poster wrote them for you in a post above), is that burden of reporting lifted and the I864 conditions are lifted.

Best wishes

 

[pianoplayer]

Dani's advice is NOT CORRECT:

you DO have to have your husband file the I865. It is in the instructions of the I864. Dani may not have done it, but that does not make it 'the right way'. With no offense meant to Dani(she was only trying to help you according to her experience), follow USCIS instructions, not instructions by posters who are laypeople in a forum.

To give you the legal reason, the I864 continues even after you become a conditional permanent resident, therefore the sponsor needs to also change his address if he moves. Only when certain conditions are met such as becoming a US citizen(and others, I believe another poster wrote them for you in a post above), is that burden of reporting lifted and the I864 conditions are lifted.

Best wishes

See Pinturrichio's post above. He did even a better job than me explaining it. From a legal perspective, his advice is correct and that is what I would follow.
Dani is correct however in that you do not have a current pending application, so you do not need to call 1800 number or write anyone. You will simply file your I751 with your new address. You only need to do the AR11 and I865.

Good luck

 

[Lunastar]

Thanks all of you for your help.

I'll be sending both forms and then some, so everyone's happy

Following the same idea, if I were to be relocated by my job and my husband and I would have to live apart for a little while until he can follow, what would happen when I apply for the change of address? Is there a way to let them know we're not getting separated or anything like that?
I'm curious as to what would happen, as I'm sure there's more than one couple that had to live apart for a short period of time sometime.

Thanks again!

 

[pianoplayer]

Thanks all of you for your help.

I'll be sending both forms and then some, so everyone's happy

Following the same idea, if I were to be relocated by my job and my husband and I would have to live apart for a little while until he can follow, what would happen when I apply for the change of address? Is there a way to let them know we're not getting separated or anything like that?
I'm curious as to what would happen, as I'm sure there's more than one couple that had to live apart for a short period of time sometime.

Thanks again!

I really dont think you need to worry about that. Change your different addresses as appropriate and do not send anything in to explain that. If you ever get asked about it, you will be able to give a good explanation. In the event that you do stay apart for a couple of months/extended time, make sure you document the trips visiting each other. Chances are, the changes will be made in the system and no-one will even notice it. As long as the marriage is legitimate and you have good reasons for spending some time apart with jobs, you should be OK in the end.

 

[Dani]

Oh, crap. Really? Does it mean that I have to file the I-865 now, even though my application was already approved?

 

[Pinturicchio]

Oh, crap. Really? Does it mean that I have to file the I-865 now, even though my application was already approved?

Yes, your sponsor should file the I-865 if he/she has changed address.

 

[pianoplayer]

Oh, crap. Really? Does it mean that I have to file the I-865 now, even though my application was already approved?

Yes, have your sponsor file it. I know it seems silly at this point, but rather do it. I dont think anyone will make a fuss about it, but better to have it done before you have your interview. If anyone ever asks you about why it was changed so late, you can just say you are very sorry, and that you did it ASAP after discovering your mistake. Not a big deal, I wouldnt think.

 

[Pinturicchio]

Yes, have your sponsor file it. I know it seems silly at this point, but rather do it. I dont think anyone will make a fuss about it, but better to have it done before you have your interview. If anyone ever asks you about why it was changed so late, you can just say you are very sorry, and that you did it ASAP after discovering your mistake. Not a big deal, I wouldnt think.

I believe it's the sponsor's responsibility to file the I-865. I doubt the issue would come up at any interview with the sponsored immigrant, as the I-864 was a contract between the sponsor and the government.

Furthermore, the only way anyone would notice a failure to file that form by the sponsor is if the immigrant ended up taking advantage of a means-tested benefit and CIS decides to go after the sponsor for reimbursement.

 

[pianoplayer]

I believe it's the sponsor's responsibility to file the I-865. I doubt the issue would come up at any interview with the sponsored immigrant, as the I-864 was a contract between the sponsor and the government.

Furthermore, the only way anyone would notice a failure to file that form by the sponsor is if the immigrant ended up taking advantage of a means-tested benefit and CIS decides to go after the sponsor for reimbursement.

It is unlikely, but not impossible that it could be found in USCIS computer systems, when the change was filed etc. If the sponsor is the spouse, they may be asked why their addresses were different for such a long time.
However, as you indicated, this is unlikely.