I filed my I-485 in Chicago on 10/98 thru my husband. In 9/99, we moved to California. However, my I-485 case was not transferred. Now I just received the interviewing notice from Chicago office. I want to know that will I be in trouble if INS sees that we moved to CA but still go to the Chicag office for interview? Will INS deny my case for that? Or will INS Chicago transfer my file to CA and have me wait another 2-3 years?

Any help is greatly appreciated.

Dear Lee:

You should speak with the Chicago INS office. Your case will not be denied just because you moved to California. Generally, INS will transfer your case to the INS office that has jurisdiction over where you live. However, if your husband has already received his permanent residence, then INS in Chicago could approve your case without transfering it. Or, if there are other extenuating circumstances, the case could be adjudicated in Chicago. However, under no circumstances should you tell Immigration that you are still living in Chicago, when that is not true.

If your case is transferred, we are not sure whether INS in California will make you get to the end of the line, or process your case based on the filing date in Chicago. The latter is fairer and makes more sense, but that depends on the INS officials in California. Good luck.

Thank you so much for your resposne. My husband was a PR already when I submitted my I-485 and became US citizen July 2000 in Chicago. Does that mean the Chicago INS will very likely to approve my case without transfering it?

Thanks again.

Dear Lee:

This is solely within the discretion of the Chicago INS office. We know of numerous similar cases where the case has been finalized where it was filed, rather than transferring the entire file to another city.

If you have very good proof that yours is a bona fide marriage, there really is no reason not to approve your case, and get it over with, rather than creating more work for everyone. Good luck.