AOS when couple doesn't live together

[gina_raluca 14]

I know there is a similar topic here, but I did not want to divert attention from it.

My friend is an international student who is considering marrying her American fiance of close to 2 years. They have been dating for about 6 years. They met in undergrad and their relationship has lasted throughout her Ph.D. and his enrollment in the Army. The problem is that because of their circumstances, they have never lived together. He is stationed in the SE and she is studying in the NW, but they have been visiting each other and have been meeting in California where they both have families and friends. Because of her degree, she will need to move from the NW to the East Coast, which will bring her closer to him, and they will be able to visit even more often. But after the completion of her internship year, she will have to apply for post-docs nationwide, which may result in them not being able to live together for at least another year. So, do you think that if they marry and try to adjust her status, they will have problems because they are not living together? Should they wait until she finishes her degree and he completes his contract with the military and then move in together (which they plan to do)? And then marry?

Thank you for your input.

Edited May 16, 2010 by gina_raluca

[mrs. wife! 3]

I'd wait till I was living together. You don't want to raise any flags if you can avoid it.

Good luck to your friend.

[gina_raluca 14]

Thanks, mrswife! Congrats on your approval! I did not get a chance to write this on the other topic

I told her about some of the things that I read on here and I think they are considering marrying sometime this year; they will start the AOS process for her when they move in together - about 2 years from now.

Edited May 16, 2010 by gina_raluca

[Brad and Vika 129]

Although I understand that in some societies it is pretty common for married couples to live mostly apart because of careers, etc., I think there would be a lot of explaining and convincing here. The default seems to be that there isn't a real, shared relationship until you can prove otherwise. Never having lived together, and not sharing a household going forward creates a heavy burden imo in terms of proof.

[gina_raluca 14]

Although I understand that in some societies it is pretty common for married couples to live mostly apart because of careers, etc., I think there would be a lot of explaining and convincing here. The default seems to be that there isn't a real, shared relationship until you can prove otherwise. Never having lived together, and not sharing a household going forward creates a heavy burden imo in terms of proof.

Thanks. I will pass on the message. I think they will wait until they can move in together to adjust her status. They want to marry, but they will wait with the AOS.

[LT.Nora 7]

One of the required proofs of bona fide marriage is to show bills, documents, bank statements etc with the same address for both husband and wife. That would be impossible if they lived apart.

If they got married now and filed for AOS 2 years later when living together already, your international friend would be eligible for the 10 year green card right away instead of the conditional one. But they should start gathering evidence already and when your friend moves closer, they should get a lease in both names too.

[gina_raluca 14]

One of the required proofs of bona fide marriage is to show bills, documents, bank statements etc with the same address for both husband and wife. That would be impossible if they lived apart.

If they got married now and filed for AOS 2 years later when living together already, your international friend would be eligible for the 10 year green card right away instead of the conditional one. But they should start gathering evidence already and when your friend moves closer, they should get a lease in both names too.

Thanks! That's good information to know! I think she will try to get a postdoc position close to where he is stationed, but there are some other problems. He is currently in Afghanistan and when he comes back here, he will likely be deployed to South America and then Afghanistan again. So, they won't be able to live together even if they were in the same town... They need to wait for her school and his contract to be completely done!!