separate residence

R

RS_IL

Member
Guys,
I am working in Illinois and my spouse is working in Indiana. We get together on weekends.
For AOS application I am the primary applicant. My spouse's address is listed same as mine on the application.

We never filed a new address request for my spouse as she travels to Illinois on weekends.

Today the my parents-in-law applied for visitor visa in Mumbai and the consular officer asked what is your daughter doing and upong finding out it was at a different university why are they living apart (she is studying). My father-in-law said that even though their daughter is living in Indiana they will live in Illinois when visiting us as she comes to Illinois on the weekends.

I am now paranoid and concerned that INS is going to think that not filing AR11 was a mistake. We are still living together and filing taxes jointly even though it is only the weekends.

What do you guys think. I know it is all in Gods hands now but our application has been pending for 2 years now.

Please help. Thank you.
 
This is a tricky situation but if for both you and your wife the primary residence is listed as the IL then there should not be a problem. By primary residence I mean that all of her mails are delivered at IL. Your bank accounts (joint and single) state the residence as IL. Her driving license has the IL address. Your lease agreement has listed both of you as occupants. Anything that relates both of you has address listed as IL address.

If all of above is true then I don't think there should be any problem, as there are lots of people who travel for work during weekdays. It is perfectly normal.

But in case above is not true then you could have hard time proving to INS that both of you live at same address.

I don't understand why your parent in laws had to write IN address on their visa application. If for all practical purposes IL is your residence then mention of other address makes no sense.

This is just my opinion, please use it at your risk. I'm not a lawyer or immigration expert.

Thanks
 
Answers to all your questions is yes. My parents-in-law did not list her Indiana address but when asked what University is she at replied Indiana.
LEts see what happens.
 
rsh,

If I were you I would not be overly worried. You are clear in your mind that your primary residence is in IL. Moreover, you are the principal applicant. For peace of mind you could consult a attorney and see what they have to say.

INS also states that it is unnecessary to include temporary address changes, as long as the current address is being maintained as permanent, and the individual continues to receive mail at that location.

http://www.murthy.com/ukinspro.html
 
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