Legal Question in Immigration Law in California

Hello! I have a question- me and my husband are both russian nationals, and about 2 years ago my husband applied and got a political asylum here, in US. Later I, as his spouse, got the status of asylee as well. He got his green card last year, and I am applying for it in 2 months. Problem is, right now we live in different states. We moved from our original state (CA) to another state (WA) , but about 4 months ago I moved back to the original state (CA) - and my husband is still in WA because he is wrapping up his business and work. He will move to CA in 4-5 months when all business is completed, however I would like to file the petition for green card asap. Now, how should I do it? Do I have to file from CA or WA? I would prefer to file from my current address in CA because I am working and studying full time and if I file from another state I will have to go there to get fingerprints done and I don't have enough time...However, right now both mine and my husband's "legal address with USCIS" is in WA. If I file in CA, I will have to change the address on the USCIS site, but - most importantly- does my husband have to do the same? And if my address is in CA and his is still unchanged and in WA, would USCIS get suspicious of it? (because as I understand both spouses address should be the same?)

Thank you.


Asked on 2/01/13, 12:31 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If you file using the WA address, you will need to go there for any biometrics or any potential AOS interview. If you file in CA, then it could look suspicious to USCIS. However, you do have valid reasons for your temporary separation.

If your husband is moving back to CA in a few months, it might be best for you both to file with your CA address. By the time you are scheduled for your interviews, if any, then he should be back in CA.

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Answered on 2/01/13, 1:31 pm


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