Filing for I130/I485, spouse living apart

[smpro 0]

Hi,

I will be applying for I-130/I-485 green card application soon. I have gathered all supporting documents and ready to submit but have an unusual scenario.

I recently got married and work in MA. My wife works in NJ and has been working there before marriage. I am on H1-B visa and she is a U.S citizen. Although we are married and have same legal residence, we commute every week to see each other as she works in NJ.

She has been looking for jobs but haven't been able to get anything in MA. As she is sponsoring me (as per I-864 form), it is difficult for her to leave work.

I have lease documents, bank statements, credit card and marriage certificate for showing evidence of joint life and faith. I want to know if there is anything else I need to attach to application forms ? I have gathered all documents but not sure how to handle this scenario.

I went through blogs and articles and many people have mentioned negative thoughts.

I would greatly appreciate for guidance.

Regards...

[Ryan H 3,812]

Moved from IR-/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum; OP is already in the US and will be filing for AOS.

[NancyNguyen 1,657]

To make it more persuasive, then move in with her. Job before spouse is not persuasive in some situation. If you are so much in love with your job, then you will choose to explain why to IO.

[jdh 103]

+1 to the above...why don't you move in with her?

Spouses live together...people get married to be together...that's why it is looked upon with question marks and takes explaining.

[Little_My 464]

I have to respectfully disagree a bit with the previous posts. My husband currently spends almost half of the year in India, because that is where his company does their work. For the first 2 years of our relationship, we were living in different countries, visiting each other as much as we could. Neither of these scenarios was because of lack of love or lack of commitment - it was and is due to circumstances we couldn't change at that time. I would think that people on forums like these would know better than anyone else that distance between two people doesn't mean that relationships - or marriages - can't work. The OP stated his wife has been looking for jobs closer to him,but hasn't been able to find any so far. There is absolutely no reason to think that their arrangement is because someone puts a job before a marriage, it's because bills have to be paid, she has to sponsor him, and unemployment is at all time high.

Smpro - it is a negative factor, but it is not an unusual situation, or something that cannot be overcome. Provide as much proof of co-mingling of your finances, visits to see each other, anything you can think of that shows you two are in a committed marriage. You'll get a chance to explain the situation in the interview. If you can show some proof of your wife trying to relocate to where you are, even better. It's definitely a challenge, but by no means a deal breaker.

[Mike X Man 37]

I currently do not live with my wife but I have lived with her in the past so my situation is a little different from yours. If the reason is convincing, and you show evidence of a bonafide relationship (constant communication etc) I do not think you have much to worry about. If my wife was working though (as in your case,) I would be living with her. Your job is not more important than your marriage especially if she's your sponsor. Your reason is not good enough. It almost looks like you are living independent lives. If she's making enough money to support you according to I-864, you can live with her (while unemployed) and try and find a job where she is. You can't have it both ways. That is what I would do anyway.

Edited March 28, 2012 by MikeX

[smpro 0]

I appreciate everyone for expressing your concerns. I am on H1-B visa and tied to my employer. I cannot leave my job and move with her as it will revoke my status. She has been looking for jobs in MA to move here but its hard to get a job in this current economy.

Little_My : I feel that you understand my situation better and thanks for sharing your experience.

I am thinking of applying in next two weeks. If nothing works in next 2 months (AOS interview might get scheduled in 3 months) then she will leave her job and come here to stay with me. Please suggest if this sounds logical and doesn't raise any issues during AOS interview...

Btw we know each other since 7 years and started going out 2 years back. Marriage and Love is definitely prior than job but not everyone is financially stable to manage expenses and save for the future.

Thanks for sharing your thoughts...

[ceadsearc 516]

You should be fine. As Little_My said it is a factor to overcome but with a legitimate reason and proof of an ongoing, bonafide relationship you can overcome it.

Anyone who suggests you or she should just give up their job because money is more important has probably never experienced struggling to pay the bills. Making enough money to support someone on the I-864 does not necessarily mean one can do so on that income in reality, because those are federal guidelines and some areas have quite a high cost of living - like Massachusetts and New Jersey.

[Mimoza87 0]

Hello smpro,

Could you please share with us the outcome. I have almost the same situation where I am thinking to file these forms by living separate. The reason is that my wife (US citizen) must stay in California becuase of her school. I am working with my H1B in Kansas City and would like to keep working until my wife finishes the school and moves to KC next year summer.

Regards,

I appreciate everyone for expressing your concerns. I am on H1-B visa and tied to my employer. I cannot leave my job and move with her as it will revoke my status. She has been looking for jobs in MA to move here but its hard to get a job in this current economy.

Little_My : I feel that you understand my situation better and thanks for sharing your experience.

I am thinking of applying in next two weeks. If nothing works in next 2 months (AOS interview might get scheduled in 3 months) then she will leave her job and come here to stay with me. Please suggest if this sounds logical and doesn't raise any issues during AOS interview...

Btw we know each other since 7 years and started going out 2 years back. Marriage and Love is definitely prior than job but not everyone is financially stable to manage expenses and save for the future.

Thanks for sharing your thoughts...

[aaron2020 11,651]

Hello smpro,

Could you please share with us the outcome. I have almost the same situation where I am thinking to file these forms by living separate. The reason is that my wife (US citizen) must stay in California becuase of her school. I am working with my H1B in Kansas City and would like to keep working until my wife finishes the school and moves to KC next year summer.

Regards,

This thread is from 2012. Smpro has not been on this site since 2012.

[dekk123 44]

On 3/27/2012 at 11:52 PM, MikeX said:

I currently do not live with my wife but I have lived with her in the past so my situation is a little different from yours. If the reason is convincing, and you show evidence of a bonafide relationship (constant communication etc) I do not think you have much to worry about. If my wife was working though (as in your case,) I would be living with her. Your job is not more important than your marriage especially if she's your sponsor. Your reason is not good enough. It almost looks like you are living independent lives. If she's making enough money to support you according to I-864, you can live with her (while unemployed) and try and find a job where she is. You can't have it both ways. That is what I would do anyway.

I am in the same situation: been living with my husband for 4 yrs, but I Just got a job offer in another state and will move before greencard interview. However my husband (petitioner) will remain in our home state since he has a job there. But he is looking for jobs. Any advice on strategies to keep up a good Gc interview outcome? 

[Mike X Man 37]

1 hour ago, dekk123 said:

I am in the same situation: been living with my husband for 4 yrs, but I Just got a job offer in another state and will move before greencard interview. However my husband (petitioner) will remain in our home state since he has a job there. But he is looking for jobs. Any advice on strategies to keep up a good Gc interview outcome? 

 

Is this for ROC or conditional GC? Should not be an issue. Just be able to verbalize the logistics. You have lived together for 4 years, have entangled financials, it should not be a problem. 

[dekk123 44]

10 hours ago, MikeX said:

 

Is this for ROC or conditional GC? Should not be an issue. Just be able to verbalize the logistics. You have lived together for 4 years, have entangled financials, it should not be a problem. 

Thank you for the feedback. This is for my conditional green card. I was lucky to receive my EAD early in the process and being able to accept the job offer. My interview was supposed to be at the end of this month but it was cancelled due to covid 19. We have a solid relationship and documents to prove. On a side note: Do you know if for the second green card my petitioner still needs to be employed and making above the treshold imposed by the immigration?

Edited April 15, 2020 by dekk123