Married after K-1 but has to work on a separate state..any advise?

[Jay+Kat 0]

Hello every body,

I am writing in behalf of someone I knew that's having a dilema of their situation. I was hoping I could get some insights here & help him out in anyway I can. Anyway, here's their story:

After waiting for 6 years they are finally together. They got married within the 90 day allowance for K-1 visa & filed for AOS after. Currently they are waiting for the NOA /interview etc. The guy, whose the beneficiary, found a job opportunity in a different state while visiting his brother. He said he won't let the opportunity to pass & wants to consider job but he is afraid that it might raise a red flag on USCIS that a married couple are not together while wiating for their AOS & within the 2 year on probation period. They have plans ofcourse in spending time with each other a few times a month (atleast that's their plan). I guess my question is: will it get them in trouble if they are married but both of them are living in a different states? I told him that it would make sense to me if they are doing it for economic reasons. I know it's very hard to find a job now a days.

Any input from VJers here is very much appreciated.

[kcoyclay1 98]

Who is the wife staying with & is it an inconvenience for her to be with him? There are cases such as the army where spouses live apart but that is accepted because it is mandated by Uncle Sam. They may not be as understanding and wonder if accommodations cannot be found for his wife. He's employed so they may think wherever he stays she can too. They may not be thinking that he's sleeping on a couch. Another question may be what plans he has for them to live together because the choice to live separately can cause them to foresee a possible divorce. The job is permanent, so the best thing is to rent somewhere so that they can live together. This is more favorable.

Edited March 14, 2012 by kcoyclay1

[kcoyclay1 98]

Remember that they are husband and wife. Visiting relationships doesn't cut it and their plan to see each other a few times a month doesn't sound convincing.

[SF2007 48]

Currently they are waiting for the NOA /interview etc. The guy, whose the beneficiary, found a job opportunity in a different state while visiting his brother.

Not sure I understand where the beneficiary is in the process. If he's waiting for his NOA on a K1, he does not have his EAD and is not eligible for employment in the first place.

[Moomin 292]

Why can't the wife relocate with the husband?

[Jay+Kat 0]

@kcoyclay: the wife actually has a stable job in health care. They already leased an apartment together. Sorry, I forgot to include the info that he already filed an EAD ahead & he is already scheduled for finger scanning this april. He told me one of their plans is for him to get a stable job there since his wife can easily transfer to where he would be & find a job in health care once he is settled in.

@SF2007: the guy already filed his EAD a month after his arrival. I'm not sure though on how he convinced the employer to wait for his EAD to be issued before he can go to work but I'm sure he is aware of the law.

@moomin: I believe, eventually she will move in with him soon but I think as of the moment the wife is the only one whose earning/working.

Edited March 14, 2012 by Jay+Kat

[Moomin 292]

@kcoyclay: the wife actually has a stable job in health care. They already leased an apartment together. Sorry, I forgot to include the info that he already filed an EAD ahead & he is already scheduled for finger scanning this april. He told me one of their plans is for him to get a stable job there since his wife can easily transfer to where he would be & find a job in health care once he is settled in.

@SF2007: the guy already filed his EAD a month after his arrival. I'm not sure though on how he convinced the employer to wait for his EAD to be issued before he can go to work but I'm sure he is aware of the law.

@moomin: I believe, eventually she will move in with him soon but I think as of the moment the wife is the only one whose earning/working.

Ok. Sometimes the company will offer to help you relocate. My brother-in-law and his wife were offered that. Maybe that'll be worth looking into, or at least let her follow within a short time. It's harder to show co-mingling of lives and finances at the interview when they aren't living together.

[Harpa Timsah 13,258]

If it is a temporary measure and they have concrete plans to move back together soon, it's okay. If not... that's another matter.

[Darnell 8,479]

this is the k-1 visa holder that's moving to another state?

sorry, big red flag, at least at ROC filing time.

[Penguin_ie 5,997]

It is not an automatic denial, but it is a huge red flag. A lot will depend on how long they will be separated (a few weeks- no problem; a few months- problem; a year plus- huuuuuuge issue) and what other bonafide relationship evidence they have.