Can I apply for AOS if I dont live with my wife yet?

[thenewgroom 0]

Hey everybody!

I hope I am in the right section of the forum.

I have been in the US for a few years, on a H1-B visa, and I am about to get married to a USC. But we live in 2 different states (she's in NYC, I'm in the South) and have been in a long distance relationship.

Here is my problem. I currently have a job where I live and I was hoping I could keep that job until I get my work permit. With my current visa I can only work for my current employer in Louisiana.

And if I read correctly, when you file for AOS, you need to include proofs that we have been living together, which obviously wouldnt be the case until I actually get my work permit... I mean I am excited to move in with her, but I dont really like the prospect of being unemployed for an unknown period of time.

So basically, after we get married, do I need to quit my job, move to NYC with my wife, send the documents, and wait for God knows how long for my work permit to arrive???

Thanks for your help!

[EstebanTrabajos 7]

You need to but also you can submit a statement explaining your situation, hey not eveybody who is married needs to live together if it's because of work reasons I'm pretty sure USCIS will understand

[soniew910 0]

Your job is to convince the officer that your marriage is not based on sham or convenience. What do you think the officer will suspect when he sees evidence of separate addresses?

[Anh map 2,098]

You will want to show the things that newlyweds would have such as: joint bank account(s)/comingled funds, same health insurance plan, joint ownership of property, lease/utilities in both names, wedding photos, mail addressed to both of you, etc.

Living apart you will not have all of these things, so you must submit all that you have. Take the time to establish some joint accounts. The explanation of why you are not cohabitating makes sense and it's the truth. You can never go wrong with the truth.

[Ansleis 0]

Hey everybody!

I hope I am in the right section of the forum.

I have been in the US for a few years, on a H1-B visa, and I am about to get married to a USC. But we live in 2 different states (she's in NYC, I'm in the South) and have been in a long distance relationship.

Here is my problem. I currently have a job where I live and I was hoping I could keep that job until I get my work permit. With my current visa I can only work for my current employer in Louisiana.

And if I read correctly, when you file for AOS, you need to include proofs that we have been living together, which obviously wouldnt be the case until I actually get my work permit... I mean I am excited to move in with her, but I dont really like the prospect of being unemployed for an unknown period of time.

So basically, after we get married, do I need to quit my job, move to NYC with my wife, send the documents, and wait for God knows how long for my work permit to arrive???

Thanks for your help!

My husband and I weren't living together when we filed for AOS. I just got approved recently. There's nothing wrong with you guys living apart because of your job. Just include a letter explaining why you guys are not living together now, and when you will be living together. Our case was that my husband was going to school in another state, and he was going to move in with me after he graduated. We didn't have much evidence, either, besides our joint bank accounts, emails, chats, letters, itineraries, and pictures. Just include anything that tells that you guys are in a long distance relationship. But I suggest you guys make plans to move in together once you get your EAD. Good luck!

[thenewgroom 0]

Thank you for your answers so far!

I am still not sure what I should do.. I dont want it to look like I am not impatient to move in with my wife. And at the same time I am a bit nervous about quitting and losing 3 months of salary or more...

I have another question though. If I do decide to quit my job to move in with my wife in NY, I will automatically lose my H1-B visa, so what will be my new status? I know I will not be allowed to work until I get my EAD, but will I be allowed to leave the country and come back (with pending AOS) for example?

Thanks again!

[Bobby+Umit 161]

Thank you for your answers so far!

I am still not sure what I should do.. I dont want it to look like I am not impatient to move in with my wife. And at the same time I am a bit nervous about quitting and losing 3 months of salary or more...

I have another question though. If I do decide to quit my job to move in with my wife in NY, I will automatically lose my H1-B visa, so what will be my new status? I know I will not be allowed to work until I get my EAD, but will I be allowed to leave the country and come back (with pending AOS) for example?

Thanks again!

Do a google search for "h1-b visa and adjustment of status".

There are suggestions not to use the EAD if your on that type of visa.

If your existing visa allows you to travel, yes, you can. But if you lose that visa, you would need the AP to allow travel.

[Ansleis 0]

Thank you for your answers so far!

I am still not sure what I should do.. I dont want it to look like I am not impatient to move in with my wife. And at the same time I am a bit nervous about quitting and losing 3 months of salary or more...

I have another question though. If I do decide to quit my job to move in with my wife in NY, I will automatically lose my H1-B visa, so what will be my new status? I know I will not be allowed to work until I get my EAD, but will I be allowed to leave the country and come back (with pending AOS) for example?

Thanks again!

Stay where you are, get married, and file for AOS (I-130, I-485, and I-765). When you get your EAD, start looking for a job in NY, and move in with your wife. File for AOS before you quit your job. That way you won't lose your H1. Oh, and if you want to travel while your AOS is pending, file for Advance Parole when you file for AOS.

When you file for AOS, attach a letter that explains your situation. If you're going to be the one sponsoring yourself financially, then that's the reason why you shouldn't quit your job and move to NY. You can't quit your job and move in with your wife if you can't support yourself. USCIS will understand your situation. They won't think it's fraud or anything.

Good luck!

[Linkin 0]

I can try to explain your situation by giving you two examples.

For K1. its necessary to prove the the bonafide relationship with your wife by any means like photos. trips tickets, bank statment and so forth. When you send your AOS as K1 visa holder these are what you realy have to show in front of Immi Officer in your interview. Now in your case as u already have work permit, working in diff state. I dont think so it would be a problem. But you have to show that you can't quit ur company cuz you visa restricts you to do so! Over all I am sure, you will be fine with these kind of proves once you get married.

Best of Luck!

Hey everybody!

I hope I am in the right section of the forum.

I have been in the US for a few years, on a H1-B visa, and I am about to get married to a USC. But we live in 2 different states (she's in NYC, I'm in the South) and have been in a long distance relationship.

Here is my problem. I currently have a job where I live and I was hoping I could keep that job until I get my work permit. With my current visa I can only work for my current employer in Louisiana.

And if I read correctly, when you file for AOS, you need to include proofs that we have been living together, which obviously wouldnt be the case until I actually get my work permit... I mean I am excited to move in with her, but I dont really like the prospect of being unemployed for an unknown period of time.

So basically, after we get married, do I need to quit my job, move to NYC with my wife, send the documents, and wait for God knows how long for my work permit to arrive???

Thanks for your help!

[Linkin 0]

Thank you for your answers so far!

I am still not sure what I should do.. I dont want it to look like I am not impatient to move in with my wife. And at the same time I am a bit nervous about quitting and losing 3 months of salary or more...

I have another question though. If I do decide to quit my job to move in with my wife in NY, I will automatically lose my H1-B visa, so what will be my new status? I know I will not be allowed to work until I get my EAD, but will I be allowed to leave the country and come back (with pending AOS) for example?

Thanks again!

Stay where you are, get married, and file for AOS (I-130, I-485, and I-765). When you get your EAD, start looking for a job in NY, and move in with your wife. File for AOS before you quit your job. That way you won't lose your H1. Oh, and if you want to travel while your AOS is pending, file for Advance Parole when you file for AOS.

When you file for AOS, attach a letter that explains your situation. If you're going to be the one sponsoring yourself financially, then that's the reason why you shouldn't quit your job and move to NY. You can't quit your job and move in with your wife if you can't support yourself. USCIS will understand your situation. They won't think it's fraud or anything.

Good luck!

Its not like he can't quit the job, he can but his visa restricts to do that so, so unless he is right, unless he gets the EAD, he can't move to anywhere.