Legal Question in Immigration Law in New Jersey
Where To File ?
I am an F-1 student visa from the country of Sudan, I have been here in the USA for almost 3 years; I got married last year in The State of New Jersey with an American girl who was born and raised in The state of New Jersey. Just last week we moved to Philadelphia, within The State of Pennsylvania in order to stay with my cousin. This was necessary because the living in New Jersey is very expensive for us; however, both of us still attend a university within The State of New Jersey. Now that I want to apply for my Green Card, can I go ahead and apply for it within Philadelphia, Pennsylvania? If the answer to this question is ''YES'', is it necessary for me to be living in Pennsylvania physically even though I retain the Pennsylvania address? I ask this question because sometimes my wife and I stay at my mother-in-law's house in state of New Jersey sometimes for as much as two whole weeks. My mother-in-law's home is close to both our universities and this living arrangement is very convenient for our situation.
5 Answers from Attorneys
Re: Where To File ?
The Immigration Service holds that where you are actually residing will be the place that has jurisdiction over you. It appears that you have two residences - you should use the address where you receive your mail, pay your bills etc. This information will be used to support the validity of your marriage. Please contact me at 215-922-5354. if you would like our office to assist you.
Re: Where To File ?
Your domicile in the US is immaterial for purposes of applying for permanent residence.
Please let me know if you need any assistance with your green card application.
Re: Where To File ?
I consulted my colleague, Allen Kaye, a New York immigration attorney, and he advises as follows:
They file where they are living. They file in Philadelphia. We can handle the whole case for them if they wish.
You can contact my colleague Allen Kaye, at:
111 Broadway, 13th Floor
New York, New York 10006
Phone: 212-964-5858 Fax: 212-608-3734
Cell Phone: 917-699-7159
Email: [email protected]
Let me know if I can be of further assistance.
Law Office of Deborah Frankel
6 Mapu Street
Jerusalem 94189
ISRAEL
011-972-2-624-9807
Re: Where To File ?
The location where you reside it not a factor which will cause any difficulties when applying for your green card. There are however other relevant and material factors for which you should provide ample evidence for when submitting your application. For example, you will need to show that the marriage is bona fide and was entered into in good faith. Our office can help you in preparing this documentation if you so require. Feel free to contact me at (732) 985-1310.
Sameer Kumar
Re: Where To File ?
You should file where your wife resides even if you are sharing that home with another family member it is ok to file using the address as long as that is where your matrimonial home is.
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