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Results 1 to 8 of 8

Thread: FOIA request - which address should I leave on form?

  1. #1
    Guest
    I petitioned my husband for permanent residency 2 years ago, and he has not yet received any greencard. In the meantime we have moved to another state. We were advised not to transfer the case to the new state in which we now reside, since his case is almost at its end. So, we filed a "change of address" form, listing my parents' address for the BCIS to send all their correspondence to (even though it is not where husband and I are living). I called the BCIS information line and they told me this is legal and will not get us into any trouble. So now that we are filing an FOIA request to see his file, which address should we leave on the FOIA form? My parent's address? Or our own address in the new state we are living in? I'm assuming it would be our own address, but I just wanted to make sure first before sending it in. Thanks!

  2. #2
    Guest
    I petitioned my husband for permanent residency 2 years ago, and he has not yet received any greencard. In the meantime we have moved to another state. We were advised not to transfer the case to the new state in which we now reside, since his case is almost at its end. So, we filed a "change of address" form, listing my parents' address for the BCIS to send all their correspondence to (even though it is not where husband and I are living). I called the BCIS information line and they told me this is legal and will not get us into any trouble. So now that we are filing an FOIA request to see his file, which address should we leave on the FOIA form? My parent's address? Or our own address in the new state we are living in? I'm assuming it would be our own address, but I just wanted to make sure first before sending it in. Thanks!

  3. #3
    Guest
    Becca:

    Forget about what you have been told on BCIS information line or by all kind of different attorneys, because- most of the information given to you are completely wrong.

    If you would ask me from a legal point of view, then the answer is- you must need to report your NEW address within 10 days of yr moving [regardless yr case at end stage or not, or even if you were granted p.residency], which you haven't done that even though you already moved to new address in another state. Since, your case in the last stage of processing [as you have been interviewed already a yr ago], then I won't change my address [especially when the new address is belong to another state] with them even though it's against the law, because- then it will take another unnessarary up to 6 months to transfer the file, and there is always a possibility that yr husband's file may be lost.

    If I were you, I will forget about the FOIA at this time, because it will take upto 6 months to get response from BCIS anyway. Instead, I will do the following-
    [1] I will send them a change of address form [AR-11] to both addressess- to local office and to an address mentioned on form AR-11. And, I will notify my parents' address of same state as my new address [as you already did].
    [2]I will notify to the post office also which belongs to yr last address in order to forward yr all mails to yr new address [yr parent's addrss]. But, make sure to talk to Supervisor in that post office in person about this request [in addition to written request], so that they will accommodate yr request accordingly, otherwise they may overlook yr request, and as you know you can not afford this request to be overlooked at any cost.
    [3] You must need to send the AR-11 form to yr local office also with certified mail or go in person and get recepit stamp on yr copy, so that you can have a proof that you already requested to change of address.
    [4] Don't ever tell to ANYONE about yr new address of another state that you have moved to another state and yr file is still in yr old INS jurisdiction, no matter what. Because, it's against the law. Nobody should know that you have been moved to another state, do you understand me? Some truth are better under the grey lines.

    Don't waste yr time anymore since you have already wasted yr time in asking here and there, and got conflicting information.

    Actually, I've just stopped by on this site to get some 'immigration seminar' information from its home page, and then I was just able to read yr case wherein I found that yr case might lead to a situation which is called 'administratively closed' if you won't act accordingly right now. That's why, I feel morally that I should give you the correct answer in order to avoid any possible negative situation in yr case despite of my quittal from this site. Good Luck.

  4. #4
    Guest
    Sammy,

    Thank you so much for posting. That really clears things up for me, and now I understand why many of the attorneys were advising us not notify BCIS of out-of-state move.

    I still have a dilemma...My situation is complicated. My husband's case is in investigations right now. I was previously married to another foreigner and petitioned him as well, for very good reasons I separted from him before he obtained his GC, but I never informed INS or withdrew my petition. Although my ex eventually obtained his perm GC, it was later found out by BCIS that he obtained it fraudently, I was not involved in it, but they first have to investigate and clear me before they are able to grant my current husband any GC. So, I am very scared right now that if I withhold any information from them and they find out, then they might think I really was guilty along with ex, and they may suspect I am comitting fraud right now too.

    Also about a month ago, my husband and I wrote a letter to the BCIS office where we had filed, requesting to find out the status of his case. In the letter we explained that we had moved to another state and had left my parents' address for all future correspondence. The letter was postmarked from our new state, and with the return address of our new residency. I can now see how stupid it was to do this, but we thought we were doing the best thing by being honest and keeping them informed...and we thought it was legal to file parents address on AR11. We never received any reply from them, so I don't know if the letter even made it into his file or not.

    I am really stressing out now thinking about what could happen to his case...I cannot stop thinking about it. I know you've left this board, but if you could please tell me what we should do that would be a lifesaver. And thank you very much for taking the time to reply....of all the people I've talked to, you are the only who enabled me to understand this address issue.

  5. #5
    Guest
    I feel I need to help you in yr case despite of my quittal, since it's MORALLY required in yr case as you have messed up yr case without having right knowledge from beginning.

    Now, you should inform the INS about yr new address thru the form AR-11 [even though you have already done so previously, but just to avoid any possible problems], because you have already informed them about yr new address of another state. And, now you can not presume that they might not have received that letter from you. Second, you can not ask the INS to correspondence with you on the address of yr parents when you already told them that you have already moved to another state. It doesn't work that way. File needs to move wherever yr husband will move/reside [even after he becomes green card holder]. Now, INS may already be in the process of transferring yr husband's file to the INS office of yr new address, becasue your previous INS office has no more jurisdiction on his case.

    Yr husband needs to file form AR-11 to his previous INS office immediately thru next day overnight mail, as well he needs to send the copy of AR-11 form to the address mentioned on AR-11 too. Additionally, he needs to inform [first in writting, and then confirm your request verbally once they receive his written request] the post office of your previous address to forward his all mails to his new address of another state, and make sure to talk to the Supervisor on the phone in respect to this request as what I told you earlier. This way, you will be doing right thing without the worries of anything wrong. Even though, it will now take long to process his case [but it's not necessarily all the times], you can not do anything because you did inform them that you have been moved already to another state, and yr husband's file may already in transfer to yr new INS jurisdiction, even though you have told them to keep the correspondence with yr parents' address, which they can not do that.

    Now, do the right thing without any delay, otherwise you will find yr husband's case in a limbo situation because of lots of transfers, back and forth. At least, by doing this, you are following the laws also.

    As far as you ex's situation goes, then you don't need to worry because if he had signed your signature fraudulently in order to get GC, then it's his problem rather than yours. And, nobody can suspect your involvement because if you needed to do those fraud then you could have signed yourself rather than yr ex. INS is now investigating yr marriage with him, means they are verifying that whether or not your marriage is ended up with your ex, because if it's not- then yr current marriage is invalid. As well, they have found a fruad, wherein your name is involved [since your ex got his green card thru you], that's why INS is investigating your previous marriage and this current marriage too, including they are in the process to revoke your ex's GC and deport him. And, as you know, INS is so busy, that's why- it's taking that long, but you don't need to worry if you did not do anything wrong and yr this marriage is real marriage. Good Luck.

  6. #6
    Guest
    One more thing, INS doesn't send confirmation or any letter in respect to AR-11 that they have received this form from you.

    Second, even though you did not withdraw your I-130 petition previously on yr ex's case, or did not notify anything to INS at that time, it's okay because yr petition was deemed to be considered abandoned automatically if you did not show -up at the interview, and yr husband's application for green card [I-485] could not have processed in the absence of abandanoned I-130 anyway. I believe that yr ex had his conditional green card and he forged yr signature on I-751 in order to remove the condition on his conditional green card, because INS don't take inteview on I-751, but an interview is must on I-485 on marriage based case.

  7. #7
    Guest
    Oh my gosh Sammy, thank you so much for replying...Reading your advice has really cleared up my confusion over what to do. We will follow your advice exactly as you wrote. Thank you from the bottom of my heart, you have really saved us from so much future problems. I'm sure my husband will be disappointed about transferring the case at this stage, but it will give us peace of mind to know that we are following the rules correctly, and things will be better in the long run.

    Its also a relief to hear the BCIS will not be going after me. Even though it was ex who did wrong, just knowing that I was being investigated by BCIS was scaring the **** out of me. I did go to interview with ex, and separated from him sometime after that. BCIS faulted me for not having withdrawn petition. At the least, I did divorced him before marrying current husband (only wish I had done it sooner).

    I cannot thank you enough...your advice has been absolutely invaluable...finally I can feel confident about how to proceed with our case. I'm truly grateful that you replied to my post.

  8. #8
    Guest
    as a sidenote: in the second paragraph of my last post the word I wrote that somewhow got blocked out by stars was h-e-c-k. I did not like that it was blocked out because it made it look as if I was using profanity....and I have too much respect for this board and the advice given to be using that kind of language.

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