Can she live separately ?

[spongey 0]

I am a US citizen, my wife is a UK citizen and we are married, we will be applying for CR-1, now i wanted to know one thing, since my wife wants to complete her education can she stay in philly(she is studying there ) while I stay up in new york ( where my business is) until she completes her education? Also will I have to pay for education, since it was her family sponsoring it before we got married but after AOS can she also work and pay for it herself ?

Thanks!

Edited January 12, 2010 by spongey

[payxibka 10,045]

I am a US citizen, my wife is a UK citizen and we are married, we will be applying for CR-1, now i wanted to know one thing, since my wife wants to complete her education can she stay in philly(she is studying there ) while I stay up in new york ( where my business is) until she completes her education? Also will I have to pay for education, since it was her family sponsoring it before we got married but after AOS can she also work and pay for it herself ?

Thanks!

Who pays for the education is a personal decision and has nothing to do with immigration

[Bernie C 24]

I am a US citizen, my wife is a UK citizen and we are married, we will be applying for CR-1, now i wanted to know one thing, since my wife wants to complete her education can she stay in philly(she is studying there ) while I stay up in new york ( where my business is) until she completes her education? Also will I have to pay for education, since it was her family sponsoring it before we got married but after AOS can she also work and pay for it herself ?

Thanks!

Imagine you are a consular officer or USCIS Officer and then read what you have just posted. Do not think as yourself but as an immigration officer. I think you will answer your own question.

As far as who has to pay for her education - her parents can pay for whatever they wish to pay. I am not up on the CR1 but I believe she can work provided you comeplete the proper forms during the process. I would not advise living apart until such a time that she has adjusted status etc ....

Really though, the way your questions are worded and what you ask - I would hope a CO is not browsing the site!!!

[Antje/Terry 1]

What do you mean by Philly? Philadelphia? If she is here on a student visa you dont need a CR-I you can just adjust the status of her visa.

[pushbrk 12,979]

What do you mean by Philly? Philadelphia? If she is here on a student visa you dont need a CR-I you can just adjust the status of her visa.

That would be adjusting the status of a person. Visas don't have status that can be adjusted. In an adjustment of status case, CR1 is a status, not a visa category. In a visa case, it is both.

[christeen 966]

If you are filing a CR1 from the USA, then once the visa is granted they do not have to file to adjust status, but they will have to file to remove conditions prior to the 2 year mark. If she is entering as a student and you are adjusting her status from a student to resident, then you will have to show evidence of living as husband and wife. Understandably, there are circumstances where some couple have to live apart for work and school, however I would say that this could be a red flag that there is intent for immigration fraud.

However, if you establish a residence together, accounts together, proof of spending significant time together it is possible to overcome these issues. But living in different states will create some issues with the process.

[Brother Hesekiel 2,236]

Every person lives separately, with the exception of conjoined twins. It gets a bit more difficult in the animal world, but I understand what you were trying to say.

In about 2 years, you guys will have to file for Removal of Conditions (ROC), at which time you will have to show cohabitation. If your wife's formal education is finished before that, you should be able to do this successfully; however, if she needs to stay another 2 years or longer in Philly, you may have a problem.

[Anh map 2,098]

You just want to be able to demonstrate that you are bona fide a married couple. The scenario is certainly believable. It may require you two to be more diligent in keeping evidence (mail addressed to both of you, joint accounts/memberships, medical insurance, life insurance, etc.

Comingled finances are a big thing in the eyes of the adjudicators. Filing joint tax returns, having joint bank accounts, etc.

Best of luck.

[vip1 8]

As a student myself with a similar situation I would not recommend living separately. In my case, when I was dating my now husband I moved with my parents to a house literally 2 min from him (walking distance). After we got married I asked my lawyer if we could stay living apart till I finish my degree and could aford to move out to a decent place with my husband (we both have very crowded houses and living with the in-laws was not the ideal scenarios we had planned for). In our case, we would see each other EVERYDAY, and even with that our lawyer recommended us to move in together because if not the immigration officer had no choice but to really dig deep to make sure it was a legitimate marriage(he said that this would raise our chances of having a stoke interview to 95%) . As you can guess, i am living in a tiny room at my in-laws house. I got my greencard though I hope that helps.

[Justine+David 218]

Is there no way to compromise like living between the two cities or having one of you commute? Isn't it only like 2 hours away? Does she have to go to school every day?