Which address to file?

[amysina]

For k-3 it asks for a mailing address..in this case for china..is it best to give work or home address? Is there any difference for the two address? another question, for form I-129F and I-130 they ask if the fiance is"currently" in US, and i give them her arrrival/depture record number( recorded on her visa), but they don't ask when she will leave US, i just wander if the consulate think she will overstay in US or not, ( she is now in us with a travel visa and will leave on her schudule)and we are issuing K3 application paper now.......we get married here......

Anybody can answer my question? thanks lots.

[NY-Viking]

From the nature of your post, I understand that you just recently married while she was on the B2? While there are probably reasons your fiancee wants to return to China (work, family, etc.) you DO have the option of her staying in the US, getting married and filing for AOS without having to wait for the K3 to be issued. If you intended to do this when you left China it would be visa fraud, but if you decide to do it now, it is an option.

 

As for your questions:

1. Unless there is a problem with her getting mail at home, I would suggest using her home address rather than her work address, but ultimately I don't think it matters. I may be wrong.

 

2. How soon is she leaving the US? If it's within about a week or something, I would recommend waiting to file the K3 until then. It might make a bigger difference in when her visa interview is scheduled, but it probably won't make too much of a difference. Again, ultimately I don't think it will make a difference, since it's perfectly legal for you to file the K3 paper work while she is visiting in the US, but it will avoid you having to explain something (which I always find good). If you do file it while she's still there, I would include a note of some sort that she is returning to China to await the K3 being issued.