ROC - married but living in separate states [edited title]

[lbabe7 0]

HI members,

my GC will expire on july 7th and i am going to submit my paper work in the end of this month so my question is we are married couple but we live seperately because of financial problem..we have been living separately almost like one and a half year now.he lives in texas and i live here in california. we are still married and love each other.we have evidence like 1)joint bank account. 2)joint phone account. 3)joint this year tax return. 4)affidavit from our friends. 5)lots of pics together. 6)proof of visit each other...once we both have proper job we are going to live together.right now he is working as server in restaurant and i have only 2 days work a week.please any suggestion......

[Nubby 0]

hi! well thats a tricky one.... for the past couple of years, when you have both submitted your taxes...did you submit as "joint"? and what address did you both put on there? did you put the same address? or different address? also, with your drivers license, do you both have the same state issued id with the same address?

if you have same addresses and all the other evidence you mentioned i think that should be ok. my situation is almost similar to yours, i live in NC and spouse works in PA .....BUT even though he rents a place in PA while he's there, he's only there Monday-Thursday and comes to be with me all other times, and we use our NC address for everything, and NC is our real home. i dont intend to tell USCIS when i submit my ROC papers next month about out second place in PA because this will raise questions i think.

hope this helps!!

[katiemanny 64]

Living separately for almost 2 years will raise some serious concerns on your case, USCIS is very strict when it comes to married couple living together, I would strongly advice you to come up with more details because living separately is way more expensive than living together, and you guys visit each other from Texas to CA back and forth which isn't cheap, so if I was you I would be very careful about the true reason why you guys doesn't leave under the same roof. maybe school in another state, deployment to Iraq or Afghanistan, job that require frequent traveling these are usually reason couple live separate, etc... Just my opinion

USCIS may suspect that you guys are separated and decide to file jointly anyway.

Edited May 10, 2011 by katiemanny