Have different address from wife

[BubbleTea2008 0]

hi, guys

I just have a question. My husband is now living in another state with his sister because he want to go to school there. Now he plan to take driving license there. If he had a driver license there is this will be consider his legal address. So he has different address from mine which mean we live separate. So this will be a red flag when we apply for removing condition on residency?

[HeatDeath 430]

Almost certainly.

In fact, your current living arrangement would be seen as a red flag even if he keeps, as an "official address", the house you are living in. They will be looking for evidence that you two are living together as a married couple. Any period of separation should exist only extremely reluctantly, as a result of the highest possible need, and for as short a period of time as humanly possible.

Are you the US citizen or the beneficiary?

Edited January 22, 2010 by HeatDeath

[Anh map 2,098]

Typically a person would have their driver's license at their principal address. That would raise a question.

How long will he be in school?

[Bobby+Umit 161]

Typically a person would have their driver's license at their principal address. That would raise a question.

How long will he be in school?

Concur - that question comes to mind.

[TracyTN 237]

I agree - why change his driver's license just because he'll be going to school there?

[HeatDeath 430]

If the husband is the US citizen, then this situation is A ) highly unusual, and B ) will almost certainly be seen as a red flag by USICS when the time comes for ROC. And that's the good news, because if the husband is the beneficiary, then I'm sorry to have to be the one to say this, and really I hope I'm wrong, but this starts to sound like a textbook case of immigration fraud. I would begin to wonder if this "sister" isn't actually a previous acquaintance of some sort from the old country.

There's a specific species of immigration fraud who always seem to "just happen" to get hooked back up to a significant other they knew back home, who got into the country through their own suspicious circumstances.

I really, really, REALLY hope that's not what's going on here. But in the absence of evidence to the contrary, it seems like a possibility. And you better believe that the IO adjudicating the ROC is gonna be wondering the same thing.

[Anh map 2,098]

OP is the USC

[BubbleTea2008 0]

thanks guys for reply!

I am the sponsor. he went to study in Virginia for Master degree and plan to work there too to get some income. Somehow the school accept his BA back in Cambodia. To get start, he go for part-time, which he take only one class each quarter or semester. So I don't know how going take him to finish with his degree.

Somehow he said that the state required him to have a valid driver license in Virginia on just for DMV purposes.

Here is the direct quote from Virginia for out of state student:

"Out-of-State Students

If you are enrolled as a full-time student in an accredited school in Virginia and not employed, you may drive in Virginia with a valid out-of-state (or another country) driver's license and valid out-of-state license plates on your vehicle. If you are a full-time student and employed, you are considered a resident of Virginia for the purposes of motor vehicle laws only. This does not necessarily qualify you for in-state tuition rates. Therefore, you must apply for a Virginia driver's license and register your vehicle in Virginia. You must register the vehicle in Virginia even if it is owned by someone else."

Please guys read this and tell me, it is necessary for him to have Virginia driver license. From the above quote state if you are full time, you can have out of state driver's license and how about my husband situation he only go to school part time and plan to work there.

Edited January 22, 2010 by BubbleTea2008

[BubbleTea2008 0]

guys here is what Virginia DMV said!

Non-Residents

If you are a non-resident temporarily living in Virginia, you may drive with your home state or country driver's license and license plates for no more than six months. This does not apply to commercial vehicle drivers. If you become gainfully employed, you are required to hold a Virginia driver's license.

so guys with all the above fact, will there be still going to be a problem or a red flag!

thnks guys

[Brother Hesekiel 2,236]

In the US it is rather common practice for a married couple to live together. It's so common, in fact, that the I-751 filing is based on the fact that a couple is cohabiting. There are some exceptions of course, i.e., if one spouse is in the Armed Forces or working overseas for the US Government, but otherwise it will be very difficult to make a case of a couple living in different States of the Union because one of them goes to school there.

Common sense would dictate that if a spouse goes to school at another State, or gets a job there, that both move. That's the idea of a marriage: living together, for better or worse, until death do you part. I see a red flag the size of Texas here, until you can explain quite convincingly why you rather live apart from your husband than moving to Virginia with him. Heck it would even save you a fortune in rent and plane tickets (unless you guys have no plans on visiting each other)!

[VanessaTony 3,567]

My husband changed states when he went to school and he wasn't required to change his licence for school, but he WAS if he wanted to get a job... which he did so he had to get a TX drivers licence. I remember it was a huge pain in the butt.

I have to admit that living apart is very much a red flag. However i'm sure the USCIS understands that some things make it hard to move. I would assume that if you submit a letter stating GOOD reasons why you cannot move there then you might stand more of a chance but you will be judged very harshly.

May I ask why you can't/wont move? Are you planning on it? I have to admit just reading "So I don't know how going take him to finish with his degree" sounds to me like you don't really care. I know that's harsh but even when I was still in Australia I knew EXACTLY how long my boyfriend (now husband) was going to be in school for. Schooling isn't "unknown". You know how many units/classes you need to graduate. You know that at one class a semester it will take X number of years. if I find it odd that you don't know, then the CO's will too. You should have a PLAN about what's going on. How visits will occur and how often etc.

Sorry, but yes, HUGE red flag.