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Posted

Hello forum members!!

I already have asked this question in another forum but I would also like the input of members of this form as well. People here are really knowedgebele and I believe it will help me prepare for the interview!!

I will like your input regarding my situation. I met my wife in Jan, 2010 at the university I attended in Oklahoma. I married her in May, 2011. But 3 months before marriage, in February 2011, I got an excellent job offer. I was on OPT back then, working part time and was in severe financial stress. Also as I was an international student several companies in Oklahoma were unwilling to hire me. I contacted a lot of employers and went for interviews to no avail. SO when this job opportunity came, I decided to take it. My wife was still in college so she couldn't move with me. Had she moved to Oregon she would have lost a whole year. Also in Oregon, she had to pay out of state tuition which meant taking out a huge loan. We simply couldn't afford it. At the end, we decided it will be best for our future if she stays in Oklahoma and finishes her college. We visit each other frequently and she spends all her breaks and entire summer with me in Oregon. In addition to that we call each other several times a day and chat on Skype for hours if she gets time.

I am currently on H1B and it doesn't expire till 2014 after which I can renew it for another 3 years. I filed for green card last month and my finger prints were taken last week. I am a bit worried because my wife is still in Oklahoma while I am in Oregon. Spouses living separately is not considered a good sign by USCIS. Do any of you have been in similar situation?? Here is the list of evidence that I submitted to USCIS to prove that my marriage is bonafide.

Joint tax returns for year 2011

Joint Car loan

Statements from my wife banks showing the money that my employer directly deposits in her account every 2 weeks. I send that money for her monthly expenses

Letter from my employer stating she is on my medical and life insurances

Few statements from our dental insurance showing some dental procedure done on her.

Joint bank account statement

Around 70 pictures of our wedding and trips. Some pictures have her family members in them.

Itinirary of several air trips that we made to come see each other

Over 1500 facebook messages that we sent to each other starting from Jan, 2010. It took around 100 pages to print them.

Copy of telephone records and skype chat log

Affidavit from her mother and from one of my friend stating that our marriage is bonafide. Both of them were at our wedding.

So friends, Is there anything else I can do? Any suggestion will be welcome!

  • 2 weeks later...
Posted

Other than not living in the same house you have a lot of co-mingling of your lives. To my mind I think this would be considered a normal situation for a family that has a husband with a good paying job and a wife that is going to school at a location other than where the husband lives. You are also making this choice for financial reasons as she can pay in-state tuition, but if she moves she would have to incur the cost of out-of-state tuition and loose a year's worth of studies (I would check on the in-state requirements for the college she would attend in Oregon as they vary from college to colleg). I would document this and have it ready to either send it in if asked or take to an interview. Living apart is only a bad thing if 1) there is no good reason, 2) you come from a high fraud country; and 3) you have no evidence of joining your lives together. You must live your life as you see fit and what is best for you and your wife not what looks good to the USCIS. I also think the people at the USCIS understand situations like this and they are very good at finding those marriages that are frauds. Besides if you really entered into this marraige for immigration purposes would you risk throwing up such a reg flag?

Good luck,

Dave

Posted

Thank you very much for your reply!

Besides if you really entered into this marraige for immigration purposes would you risk throwing up such a reg flag?

Dave

Yes, that's what I have been thinking. I still have several years left on my H1B. My company would have no problem filing for my green card. I also have excellent academic record. Why would I risk throwing all of it away by doing marriage fraud?? It would be absolutely stupid of me. I hope USCIS can see that my case is genuine.

 
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