I-865 - Totally forgot to send in 30 days

verabr

Registered Users (C)
I have a greencard for almost 3 years, and my husband was my sponsor (I-864). We moved in March 2006 and I sent the AR-11, but totally forgot to send the I-865 in his name. Now it's two months late. Are we going to be fined? Can we still send now?
 
verabr said:
I have a greencard for almost 3 years, and my husband was my sponsor (I-864). We moved in March 2006 and I sent the AR-11, but totally forgot to send the I-865 in his name. Now it's two months late. Are we going to be fined? Can we still send now?

My wife and I were still in the process of AOS and we filed only after 2 months of moving. We still had the interview a couple of months after that and things went fine. Since you say you had a GC for 3 years, I guess you are no longer a conditional GC holder. So I don't see why you would have any problems even if you send the I-865 now. I think they only want to be sure that the records are updated with the latest information than anything else. So I would just send the form in and not worry much about it.
 
Thank you for your reply. I guess you are right, but I read about a $200 dollars fine if you don't send in 30 days. It makes no sense... :rolleyes:
 
verabr said:
Thank you for your reply. I guess you are right, but I read about a $200 dollars fine if you don't send in 30 days. It makes no sense... :rolleyes:

Where did you read that? Do let me know. I have never heard about anything like that so far. Then again, how can USCIS fine someone for that unless they are going around verifying that you moved earlier than 30 days before filing this form? As understaffed as they are, that makes no sense. Again, I believe that the reason for the 30 days being mentioned there is to ensure that your details are as up-to-date as possible. So you should just go ahead and send the form in and not worry about it. Just make sure that you keep a copy of the completed form and any receipt notice they might sent you.
 
I agree with you, but I was afraid because I was searching on the internet and found it on this links:

http://www.twmlaw.com/resources/immigrant/immigrant4cont.htm

Notification Requirements
The new rules require sponsors to notify the INS within 30 days if they move. Sponsors who fail to send in a change of address form (Form I-865) can be fined $250 to $2,000, or up to $5,000 if they know that the sponsored immigrant has received welfare benefits. INA Û 213A(d), 8 U.S.C. Û 1183a(d); 8 C.F.R. Û 213a.3.
 
I see your point. I didn't try to look up the sections that were mentioned on that page. But I am guessing that you should be alright and safe since it is an honest mistake :)
 
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