Live together after marriage?

[MG2US 1]

Hi

I have another question. I got married two days back.

We are planning to file I-130 and I-485 (with all the supporting documents, of course) in a couple of weeks (as soon as we get the marriage certificate).

Question: I am working in Tampa, FL and my wife is studying and working in Chicago, IL. Do we mandatorily have to live together?? Even if the answer is YES, how are we supposed to make it possible with my work and her work condition?

Would appreciate a quick response as usual.. :-)

- MG

[canadian_wife 1,823]

Um...No I guess it isn't in the instructions as a legal requirement, but be prepared to show your marriage is bonafide even though you live multiple states away

Good luck

[HeatDeath 430]

The situation you are describing, no matter how reasonable it seems to you, will be considered an enormous red flag indicating potential visa fraud on the part the immigrant spouse (your wife?).

If you file papers stating that you're living apart [and don't even THINK of fudging or misrepresenting the facts there], and do not include a letter signed by both of you outlining a firm intent and reasonable plan and timeline to start living together, you can expect a LOT of scrutiny on your case by USCIS.

It is not legally mandatory that you be living together, but living apart will constitute an enormous indication of potential visa fraud that will be very, VERY difficult to overcome.

In your shoes, I would look seriously at either you moving (taking a pay cut if necessary) or (perhaps more reasonably) her finishing her current semester and transferring her credits to a University in Florida and continuing her studies locally with you.

You can get away with the separation for only exactly as long as the minimum possible length of time that will seem reasonable to the immigration officer who will interview you. The IO's [reasonable] assumption will be that, having married, you are both willing to move heaven and earth to be together. The IO will want to read a description of the heaven-and-earth-moving plan in your application, and will want to hear how it went at the interview.

If the IO does not see clear evidence of moving-heaven-and-earth-to-be-together, both in the application and at the interview, their estimate of the probability that your case represents visa fraud will shoot way way up. That sort of suspicion can get you Stokes-interviewed, even in the absence of any other evidence of potential fraud. You do NOT want that.

[him4life 13]

its not mandatory, but be prepared for extra scrutiny, and make sure u have some strong evidence to support bonafide of the marriage

[Darnell 8,478]

Think of 'it' a different way -

where the two of you have leases with all names on them, and you two have two domiciles. IMO, can shift to show 'not living seperately'.

Edited July 2, 2012 by Darnell

[Nikkiss08 1]

Meh. My husband and I live apart for a little over 1/2 the year, every year. We've also been married for 4 years and together for over 8, though. I can't tell you if it's going to be a problem for us as we just filed. I'd imagine that it depends on your particular circumstance, but as long as there is a good reason, a plan for the future, and a solid history you'll be fine.

At least that's what I keep telling myself!

[JohnR! 5,495]

Hi

I have another question. I got married two days back.

We are planning to file I-130 and I-485 (with all the supporting documents, of course) in a couple of weeks (as soon as we get the marriage certificate).

Question: I am working in Tampa, FL and my wife is studying and working in Chicago, IL. Do we mandatorily have to live together?? Even if the answer is YES, how are we supposed to make it possible with my work and her work condition?

Would appreciate a quick response as usual.. :-)

- MG

You do not need to live together but IMHO convincing the USCIS that your marriage is legit will be a tough sell.

Maybe it would be a better idea if you waited to file for her residence once you are living together so you would have positive evidence.

I believe that one of the questions you need to be prepared to answer is why you got married and why do it when you did, if you had no plans to live together. You need not answer it in this forum for it is immaterial for this discussion.

Good luck!

[Cathi 5,771]

Meh. My husband and I live apart for a little over 1/2 the year, every year. We've also been married for 4 years and together for over 8, though. I can't tell you if it's going to be a problem for us as we just filed. I'd imagine that it depends on your particular circumstance, but as long as there is a good reason, a plan for the future, and a solid history you'll be fine.

At least that's what I keep telling myself!

I don't mean to rain on your parade, but telling yourself it will be fine and it actually being fine in the eyes of the IO are 2 different things.

[Sandra G. 5,051]

USCIS will accept the couple living apart if they can prove the intent to live together asap, and that they are doing everything to be together, looking for jobs in the same State, visiting each other often.

Edited July 2, 2012 by sandranj

[Nikkiss08 1]

I don't mean to rain on your parade, but telling yourself it will be fine and it actually being fine in the eyes of the IO are 2 different things.

True. And perhaps I'm being too presumptuous, but I'm not concerned at all with an IO thinking our marriage isn't bona fide. The fact that we dont live together has a very reasonable explanation, namely, I'm an attorney who is only licensed to practice in NY and my husband is a hockey player who plays with whatever team picks him up for the season. He's nearing the end of his career, so it doesn't make a lot of sense for me to give up my very stable career for the short-term gratification of living together.

[catknit 144]

Another angle - if you married on a specific day as it was declared auspicious by a culture/tradition/religion - go ahead and add that to your letter explaining how you ended up married without living together due to numerous circumstances.

If you search here on vj, you will find stories of people who had no problem with this set up if it makes sense. By making sense, you need it to seem reasonable to any old Joe off the street.

If she's studying in some fabulous program [MBA at the University of Chicago or at Rush Medical School] and you are under contractual obligation to stay with your high-power sales position...you are visiting once a month and will move in together when she graduates. Ok - makes sense.

If you are a produce clerk at the local grocery store and she's taking basket weaving at a local community college and it's just not convenient right now - ummm, not so much.

If you show in your letter you HAD to be married on June 20th because the family astrologer said so and your dahdi said it HAD TO BE THEN, go ahead and write in your letter that in your culture, this is how it works. You were both well aware that you would be staying apart for X amount of months - etc etc etc...A lot of IO are aware of cultural issues.

[ceadsearc 516]

True. And perhaps I'm being too presumptuous, but I'm not concerned at all with an IO thinking our marriage isn't bona fide. The fact that we dont live together has a very reasonable explanation, namely, I'm an attorney who is only licensed to practice in NY and my husband is a hockey player who plays with whatever team picks him up for the season. He's nearing the end of his career, so it doesn't make a lot of sense for me to give up my very stable career for the short-term gratification of living together.

I think your situation is understandable - but rare. It's an individual thing, IOs tend to be more understanding if you have good cause. And you say he is nearing the end of his career so of sounds as though you do have plans to live together full time in the future.

[del-2-5-2014 1,339]

Worked with with an IT Consultant who flew home every weekend to be with his new immigrant Wife and at great cost.

Not judging but this is just a pet peeve of mine, forget what the USCIS rule book says, what about you Guys, don't you feel that you need to be together as much as possible especially in these formative years?

Good luck.

[JimVaPhuong 4,863]

True. And perhaps I'm being too presumptuous, but I'm not concerned at all with an IO thinking our marriage isn't bona fide. The fact that we dont live together has a very reasonable explanation, namely, I'm an attorney who is only licensed to practice in NY and my husband is a hockey player who plays with whatever team picks him up for the season. He's nearing the end of his career, so it doesn't make a lot of sense for me to give up my very stable career for the short-term gratification of living together.

The USCIS immigration officer will boil this down to a few simple questions. If you weren't ready to live together then why get married? If he's been working legally in the US as a hockey player then why adjust status now? Is there anything in the personal circumstances of this couple that conveniently dovetails with a recent or coming change in immigration status?

Adjustment of status was never intended to be an alternative to the immigrant visa process. They strongly prefer that immigrants follow the normal process of being petitioned and applying for an immigrant visa at the US consulate in their home country. The authors of the law allowed for adjustment of status because they realized there would be times when somebody's circumstances changed after they entered the US, and it would be unnecessarily bureaucratic to force them to return to their home countries to apply for a visa. Unless someone enters the US with a visa that explicitly allows for immigrant intent, the IO will look at the case to determine what was the circumstance that changed. If they don't see something obvious, or if it looks like the only thing that changed is that the intending immigrant's visa recently expired is about to expire, then they will look more closely at the relationship.

I'm not saying there's a substantial chance the adjustment of status would be denied. The overwhelming majority are approved. I'm only saying that there are inherent risks in adjusting status from a visa that doesn't explicitly permit immigrant intent, and those risks don't exist if you follow the immigrant visa process.

[MG2US 1]

Not judging but this is just a pet peeve of mine, forget what the USCIS rule book says, what about you Guys, don't you feel that you need to be together as much as possible especially in these formative years?

Well, of course, we want to live together.. But, she's finishing her graduation from Chicago AND working full-time as an internal auditor (she recently got promoted). Even if she transfers her credits to Florida, she has to lose her job. On the other hand, I can easily find a job in Chicago as an IT Analyst, but being on L1 Visa, even if I find a job, I am not legally authorized to work for any employer other than my petitioner.

We are trying to be together as much as possible. We've been meeting every 15 days after our marriage till now.

Without any doubt, I am going to request my employer to transfer me to Chicago, but that might take a couple of months. In the meantime, I do not want to delay the application process. So what should I include in cover letter? (It has to be in the cover letter for I-485 and not I-130, right?) My plans of me trying for a transfer??

Thank you all for all your advice and suggestions.

- MG