Falling Apart - In the middle of Our Visa journey

[trix13 0]

My husband and I have been together for 3 years, married for 1. I relocated to the West Coast for a job, while he's all the way in the East. He promised to follow me, but that promise is yet to come true. We've been visiting each other, at least once a month, and we talk regularly. But recently, it seems like we're both "losing interest." We've been talking about separating for good, but there are no final plans yet. We're supposed to file for removal of conditions in October. If we've been separated for a while now, is that going to raise red flags with the USCIS? They're going to see in our joint tax return that we live in different states (opposite ends, at that), we haven't lived together in months and basically just keep the marriage afloat through regular visits, chats and phone calls. At some point would it actually be smarter to continue with the visa process alone? Or is it still the better option to do it together, even if we are "separated?"

[Kathryn41 3,205]

Topic moved from the K-3 forum to the Effects of Major Family Changes on Immigration Benefits forum as a more appropriate location to obtain the requested information

[SunDrop 59]

My husband and I have been together for 3 years, married for 1. I relocated to the West Coast for a job, while he's all the way in the East. He promised to follow me, but that promise is yet to come true. We've been visiting each other, at least once a month, and we talk regularly. But recently, it seems like we're both "losing interest." We've been talking about separating for good, but there are no final plans yet. We're supposed to file for removal of conditions in October. If we've been separated for a while now, is that going to raise red flags with the USCIS? They're going to see in our joint tax return that we live in different states (opposite ends, at that), we haven't lived together in months and basically just keep the marriage afloat through regular visits, chats and phone calls. At some point would it actually be smarter to continue with the visa process alone? Or is it still the better option to do it together, even if we are "separated?"

My understanding is that you can file to ROC without the original petitioner, so long as you are divorced at the time of filing and the marriage was entered into in good faith.

How long after marrying did the move take place?

[VanessaTony 3,567]

My understanding is that you can file to ROC without the original petitioner, so long as you are divorced at the time of filing and the marriage was entered into in good faith.

How long after marrying did the move take place?

Divorced OR in the process of divorcing. You must file in the 90 days and if the divorce isn't final then you file as if you have the divorce decree and wait for the RFE. If the divorce is final BEFORE the 90 days then you can file as soon as the divorce is final (it's actually best). Unless you're filing on the basis of abuse.. then you don't need to be divorced or need the decree.

My husband and I have been together for 3 years, married for 1. I relocated to the West Coast for a job, while he's all the way in the East. He promised to follow me, but that promise is yet to come true. We've been visiting each other, at least once a month, and we talk regularly. But recently, it seems like we're both "losing interest." We've been talking about separating for good, but there are no final plans yet. We're supposed to file for removal of conditions in October. If we've been separated for a while now, is that going to raise red flags with the USCIS? They're going to see in our joint tax return that we live in different states (opposite ends, at that), we haven't lived together in months and basically just keep the marriage afloat through regular visits, chats and phone calls. At some point would it actually be smarter to continue with the visa process alone? Or is it still the better option to do it together, even if we are "separated?"

I don't like your chances unless you can prove that living apart was for school or something. If you're planning on breaking up anyway you may as well get it over with. Nothing stops you from re-marrying each other if you fix things down the line and in the meantime you aren't risking your status.

[trix13 0]

Yeah, I do understand that I can file for it alone, but I need your opinions if that's the best way to do it, since our status right now as a couple might seem "shady."

We're not planning on breaking up. Yes, it has come up. But of course, we don't want to go down that road. For us it's merely, if we can fix things now then why do we have to separate and remarry in the future, you know? I mean we're working at our marriage right now, and we both don't want to throw away the visa process too, because if it does work out between us, it would just be silly to have to go through everything again.

[SunDrop 59]

So work on building your case with documentation that shows you are still functioning as a couple. If you're not planning on separating then proceed as though you moved for work and he couldn't join you because of his employment, school, etc. You effectively have to paint a picture that shows togetherness despite distance. How are you paying your bills and rent? Where are your paychecks being paid into? Are you listed on each other's leases? Are you listed as beneficiaries of each other's life insurance, wills? I'd start getting things in place to demonstrate there is still fusion of day to day matters. Pretend that you have 2 homes as a married couple by having each other on both sets of bills, leases etc. When you visit each other, socialise with friends as a couple and ask them to write affidavits.

In this economy, people are having to live somewhat unusual lives to make ends meet. It's up to you to show the only unusual thing about your marriage is the distance...