Change of Address for form AR-11

For K-1 fiance(e)s and their US citizen spouses, the immigration process is not over once the foreign fiance(e) has entered the US. After entry, K-1 regulations require that the couple must marry within 90 days and file to adjust the foreign fiance(e)'s status. During that time, the fiance(e) is in K-1 fiance status.

Once the adjustment of status application is sent to the USCIS, the foreign spouse is now considered an applicant for adjustment. In general, processing for the adjustment application takes about 9 - 12 months, depending on where the applicant lives and the USCIS office that has jurisdiction over the applicant.

During this time, it is imperative that the foreign applicant keep the USCIS updated regarding his/her residence. This is key so that the applicant can receive notices regarding fingerprinting as well as the adjustment interview that both will be reuqired to attend. Moreover, significant moves could actually affect where the application and interview will take place.

Per the USCIS website:

"All non-U.S. citizens (aliens) who are required to be registered are also required to keep the USCIS informed of their current address. This is particularly important when you have filed an application or petition for a benefit under the Immigration and Nationality Act and expect notification of a decision on that application. In addition, the USCIS may need to contact you to provide other issued documents or return original copies of evidence you submitted.

A willful failure to give written notice to the USCIS of a change of address within 10 days of moving to the new address is a misdemeanor crime. If convicted, you (or parent or legal guardian of an alien under age 14 who is required to give notice) can be fined up to $200 or imprisoned up to 30 days, or both. The alien may also be subject to removal from the United States. (INA § 266(b)). Compliance with the requirement to notify the USCIS of any address changes is also a condition of your stay in the United States. Failure to comply could also jeopardize your ability to obtain a future visa or other immigration benefit."

There are 3 ways to notify the USCIS of a change of address. Perhaps the easiest is to do it online. To do so, click on this link: https://egov.uscis.gov/crisgwi/go?action=coa

Alternatively, a foreign applicant may call the USCIS at (800) 375-5283 or mail the AR-11 form in. For the latter, the address as of 3/3/11 is

DHS/USCIS

Harrisonburg File Storage Facility

Attn:  AR-11

1344 Pleasants Drive

Harrisonburg, VA 22801

More on the K-1 Physical Meeting Requirement

One of the key requirements of the K-1 fiance(e) visa is that the couple must have physically met at least once in the past two years. For many couples, this is not an issue and can be documented through photos, plane tickets stubs, and hotel/travel receipts.

For those facing unusual circumstances though, this can pose problems. In one instance, a couple had known each other for 4 years. They met during the first year and subsequently applied for a fiancée visa in year 2. The petition was approved, but personal circumstances prevented the fiancée from utilizing and entering the US on the K-1 visa. The I-797 approval notice expired, but the couple continued to communicate.

In year 4, the couple decided that the fiancée would enter the U.S. The couple needed to reapply for a fiancée visa, however, finances prevented them from being able to meet within the past 2 years of the submission of the subsequent K-1 petition. Would the USCIS grant an exemption?

Unfortunately, K-1 regulations only allow exceptions to the meeting requirement based on religious/social custom reasons or medical extreme hardship. Financial inability is not an option. In these circumstances, officers may suggest that the foreign fiancé(e) or US fiancé(e) travel to the foreign country or to the USA to satisfy the meeting requirement.

Nor is the inability to procure a tourist visa for the foreign fiancé(e) to visit the US an option. In that situation, the officer may suggest to the couple that they arrange to meet in a 3^rd country such as Mexico or Canada.

In view of this strict application of the 2 year meeting requirement, international couples who are serious about bringing the foreign fiancé(e) should prepare and plan carefully to address the meeting requirement. Not only are there financial considerations such as air fare, hotel, and other travel expenses, but there are potential timing issues as well, bearing in mind that the meeting must have taken place within 2 years prior to the submission of the petition.

Should you and your fiance(e) be interested in applying for a fiance(e) or spousal visa, please do not hesitate to contact me at (626) 771-1078.