Question about spouse in separate location

K

kharghosh

Registered Users (C)
Hello all:

I am the primary applicant, have applied for my and spouse's 485's at NSC.

Spouse has now moved to Texas for job. Spouse is submitting AR11 for new address -
but I want to continue our 485 applications from my current address.

I know spouse is legally bound to submit AR11 but we are worried that his case might be transferred to TSC-

ANy suggestions as to what can be done to prevent that?

Thanks

kharghosh
========================================
RD - Mar 7 2003
ND - Mar 10 2003
EAD II - RD Feb 28 2004 AD Apr 19 2004
 
AFAIK, where you live does not necessarily dictate which Svc Ctr your case goes to.

In one of my friend's case --> they live in TX - but company is in Michigan.
140 and 485 were both filed with NSC.

You need to worry about a totally different thing --> you and spouse are not sharing a residence.
Make sure u keep copies of all air tickets, records of phone calls etc etc to establish that u've been really "married" and maintained contact.

My other friend had to go to an interview at the local ASC cuz he and his wife lived in 2 diff places ( due to diff jobs ) -- their case was approved - am not sure what was exactly asked - but they had extensive documents supporting frequent visits etc etc....

good luck
 
what max2k1 is true.
you need to keep trac of all you weekly travel docs to show as proof that you both are still married. And every little information you could save save it. Do not throw away any tickects etc..
 
Adding to that ....

even better if you save the actual "Boarding Pass Stubs" --- after all you can easily make and print fake E-ticket confirmation pages :)

Only thing when it comes to dealing with INS -- nothing is ever too much -- more the better :)
 
Thanks guys !

That helps-
but we've been married for over 7 years - I dont know if they still want proof that we're still "really" married. We've had stints of separations to the tune of 2 years in the past - due to school, work etc-
so I hope INS isnt that stupid to question the validity of our marriage


But my main question still remains - how can i ensure his case doesnt get transferred out of NSC


Thanks
kharghosh
 
I am the similar situation with you. Here is my experience.

I am the primary applicant. We filed both 140 and 485 to NSC when I worked in IN. I moved to Northeast a few years ago, but my wife is still in IN for some reason. I believe our cases were not transferred. We all got FP notice from NSC. They sent us to the different local INS office. We all got approved recently without any problem. BTW, the letters are sent from NSC.
 
Actually I beg to differ about AR-11.
THe instructions on AR-11 state that it is for address changes that reflect the address you keep on official correspondance with INS.

Lot of IT people who contract and travel every few months typically keep one official address and get all correspondance at that address even though they move every few months.

It was made clear in one of Murthy.com newsletters (do search) that INS needs to have an address where you can get mail at from them and it will reach you and this issue of travelling and AR-11 was addressed.

For people with spouses working in different state it might be worthwhile to keep one corresponding address (same as the primary applicant) and keep information of how you are still married (credit card receipts , phone logs, travel receipts etc.).

Do a search on this and other AOS forums as this has been discussed in detail.

Check with your lawyer to get an opinion.
 
If your spouse is working in different state, and you keep his/her corresponding address as yours, although I am not sure it is legal, your spouse will be sent to your local INS office for FP, interview and ....
 
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