immediate living with husband

[married2006 0]

my step-daughter got married 45 days after entering usa. I-94 valid until sept.14 2010.her husband is living in another state and searching for another job and a place to live.she was told by an attorney that it is necessary to be living with her husband immediately in order to begin aos process.if beginning cr/1 process she was told she must return to her home country immediately although she is valid in usa until sept.14 2010. i am certain this is bad information for both routes to be taken.i just want opinions and validation about this situation.

[Nartaki 7]

If you want to apply through AOS, then yes, she must live with her husband. This is the only way you produce documents that have the same address such as banking statements, drivers licenses, affidavits, leases, utility bills etc. If she is not living with her husband, such documents are hard to obtain.

If you want to apply through CR1, yes she must leave this country ASAP and apply through the consulate, even though her tourist visa is still valid.

[married2006 0]

yes w are aware of the necessary documents and related evidence in going either direction but there is enough to begin the process we think.we thank everyone for your thoughts and input about this topic.

[married2006 0]

we know compiling supporting evidence in the near future is absolutely necessary but the question is , can the application be filed and co-mingling be established in the near future.

[LIFE'SJOURNEY 970]

yes w are aware of the necessary documents and related evidence in going either direction but there is enough to begin the process we think.we thank everyone for your thoughts and input about this topic.

I say since you have stated you'll are aware of what is needed to fullfill the process, then do as you want and let the chips falls as they may.

Good Luck....

[Summerluv 0]

There are several topics related to this on the forum, and the general consensus is that you MUST live together. However, I want to point out that this is not true. I have been on many forums and seen experiences where the husband and wife do not live together, and their cases are still approved. However, it IS a lot harder because you have to convince the officer there is a compelling reason why you are living separately for now, and that this arrangement is only temporary.

If her husband is actively job searching, you can state so in the application. This is what I did, as I do not live with my husband full-time yet due to my job. I included a attachment and stated my situation, and also included job searching emails. In my case, I have found a job close to hubby after submitting the application, and plan to move in very soon. In your case, the husband can explain to the officer during the interview that he indeed plans to live with his wife and is doing everything he can (i.e. job searching emails, interview emails, apartment inquiry emails)

AND, I do believe you can still have the same bank account and credit card account even if you are living separately. If these institutions ask for the same address, then you can always just use the wife's address. In this case, the wife's address is the husband's billing address.

I found this online. Hope it provides some insight

http://sarmientoimmigration.typepad.com/blog/2009/12/proving-good-faith-marriage-in-marriage-based-green-card-petitions-living-separately-during-application-and-the-i-130-inter.html

[married2006 0]

can anyone direct me to facts that say an application for an alien relative I-130 can not be started while the relative is in the usa. granted, it cannot be completed while being here. but to say she must leave immediately is a stretch it seems to me.

[Summerluv 0]

Not sure where you got the information that I-130 cannot be completed while the alien relative is in the U.S. Seems to me this case is fairly straightforward. Just file the whole package while the wife is in the US (i-130, I-485, I-765, I-131). If they do not live together yet, attach a brief explanation with supporting evidence. And hopefully the husband can move over before the interview date.

I don't think there is any reason at all why I-130 cannot be started, or completed, in this case.

[married2006 0]

thank you summerluv.when i spoke about completing the I-130 it was about stand alone I130. which can not be completed while in usa but adjudicated at the foreign embassy. no decision has been made at this time as whether to aos in usa or go the cr/1 route. still under consideration both ways. thanks again for your info

[Nartaki 7]

If you opt to do Consular Processing, then yes the spouse must leave the country.

If you opt to do Adjustment of Status, then the spouse must NOT leave the US.

If you are unable to provide large amounts of evidence of bonafide marriage, then I suggest you go through consular processing. AOS requires overwhelming evidence of bonafide marriage and if you dont have much, esp with the husband and wife living seperately, your application could be denied.

[tyriun_j 0]

My wife is visiting from Canada right now and leaving back for there in July and we currently just filed for the I-130 while she was here. I've got some research to do because we were able to add her to my new apartment's lease which serves as further proof of bonafide marriage along with the other things I sent in ( like 20 pictures, 8 affidavits frm witnesses at the wedding, engagement ring and wedding bands receipts and proof of banking relationship ). We've been advised we can file that particular form while shes only visiting here but that circumstance may be different because I guess POE officers tend to be lax with Canadians and not require them to have an I-94 at all and they merely just stamp the passports. This has happened to my wife twice. I would say its safe to file the I-130 here in the states but may need to write something stating the situation though. they just don't want them staying here illegally is all. Don't quote me though as I may be wrong but thats my experience

[*Snowdrop* 604]

If you want to apply for the CR1, yes she must leave this country ASAP and apply through the consulate, even though her tourist visa is still valid.

This is NOT true.

If she wants to apply for the spousal visa but not AOS which will result in a CR1 visa - it will be via a USCIS Service Center not through the consulate - and there is no reason that the process cannot be started while she is in the US. Follow the guide above for the CR1 process.

Just make sure she leaves the US and goes back to her own country before the end of her tourist visa. And if she has a valid tourist visa or VWP she can continue to visit during the whole process as many of us have done.

Edited May 21, 2010 by lsma

[Krikit 1,164]

can anyone direct me to facts that say an application for an alien relative I-130 can not be started while the relative is in the usa. granted, it cannot be completed while being here. but to say she must leave immediately is a stretch it seems to me.

Cannot direct you to a fact on that because it isn't one. lol. As Isma says, that particular process can be started in the US but will need to be completed outside the US.

We've been advised we can file that particular form while shes only visiting here but that circumstance may be different because I guess POE officers tend to be lax with Canadians and not require them to have an I-94 at all and they merely just stamp the passports.

It's not that they're being lax. It's that Canada and the US have a special arrangement concerning travel to one another's country. Canadians will not receive an I-94 unless the CBP Officer has reservations about allowing the visitor the full six months alotment. Passports are not, generally, stamped at land borders, and not always at airports.

[inloveVEN 46]

Hi

Hi please read this guides VJ guides

If you want to go via AOS path, is strongly recomended, that they both live together, its not a good probe of bonafide if both live in diffrents places. Of Course, as everything in VJ, this is a suggestion. The final desition will be taken by the authorities.

[married2006 0]

thanks to all especially to you isma. my question was specifically to the point of legality as i seriously doubted what an attorney told my step-daughter and that was that if she filed I-130for cr/1 that it was necessary to leave the usa Immediately. i was confident that was b/s from a lawyer. I-94 validity date is exactly the date to leave by in my humble opinion. but i tend to keep an open mind and just wanted others views. thanka everyone