I-751 and living apart for full 2 years...HELP

[necmergitur1985 0]

Dear all,

I have been in the US on F1 then H1B for over 10 years now. 5 years ago I met my wonderful now-fiancee, and we are planning on getting married in the near future. However, we are worried about the outcome of both the I-130 and I-751 down the road.

My fiancee goes to a top-notch medical school in Philadelphia where she got substantial financial aid, and still has over 3.5 years to go - so she can't move for a while.

On my end, my focus is international development and there are very few opportunities in Philadelphia. I currently work in DC, and will try to find a job in NYC to get a bit closer. Realistically, though, I can't move to Philadelphia without switching careers and making a huge compromise professionally.

Here's our plan: we'll maintain our joint-residence in Philadelphia (bills and everything), and I'll commute to DC or NY Monday through Friday (where I'll keep a small apartment). This is what I have already been doing for the last year of our relationship, and this works well for us (she's super busy during the week anyway). Of course, we'll have a normal married life otherwise, and ultimately plan on living in either New York or DC together. We also have tons of evidence, as you would expect from a couple who's been together 5 years - pictures with her family, affidavits, proof of travel to 10+ vacation destinations, dozens of bus/train stubs showing weekly visits between DC and Philly, etc.

1) Has anyone faced a similar situation before? How did you handle it? What are the risks?

2) I know I should list the Philadelphia address as our shared residence on the I-130/I-751. However, I believe the forms also ask about other addresses. I suppose I should list my temporary address in DC there and include a short explanation?

We are both terrified...Please help

[KnJ 0]

1) Has anyone faced a similar situation before? How did you handle it? What are the risks?

2) I know I should list the Philadelphia address as our shared residence on the I-130/I-751. However, I believe the forms also ask about other addresses. I suppose I should list my temporary address in DC there and include a short explanation?

We are both terrified...Please help

Bumping this topic. I have no idea.

Did you cross post this to other forums? In part, I say go one step at a time, but it's good you're thinking ahead.

The burden of proof is pretty high. I am in no situation like that (was living in Canada until the K-1), but this week I got an RFE on the I-751 (in part maybe because we didn't do things like have a joint lease).

Many legitimate couples maintain multiple residences or even live in different cities for periods of time. But I think because of your situation you need multiple proof of financial and social obligations that extend beyond residence.

Check out the list of acceptable evidence for the I-751 and try to fulfill as many as possible, as early as possible.

I wish I had.

Good luck

K

[BigDaddy28 228]

Dear all,

I have been in the US on F1 then H1B for over 10 years now. 5 years ago I met my wonderful now-fiancee, and we are planning on getting married in the near future. However, we are worried about the outcome of both the I-130 and I-751 down the road.

My fiancee goes to a top-notch medical school in Philadelphia where she got substantial financial aid, and still has over 3.5 years to go - so she can't move for a while.

On my end, my focus is international development and there are very few opportunities in Philadelphia. I currently work in DC, and will try to find a job in NYC to get a bit closer. Realistically, though, I can't move to Philadelphia without switching careers and making a huge compromise professionally.

Here's our plan: we'll maintain our joint-residence in Philadelphia (bills and everything), and I'll commute to DC or NY Monday through Friday (where I'll keep a small apartment). This is what I have already been doing for the last year of our relationship, and this works well for us (she's super busy during the week anyway). Of course, we'll have a normal married life otherwise, and ultimately plan on living in either New York or DC together. We also have tons of evidence, as you would expect from a couple who's been together 5 years - pictures with her family, affidavits, proof of travel to 10+ vacation destinations, dozens of bus/train stubs showing weekly visits between DC and Philly, etc.

1) Has anyone faced a similar situation before? How did you handle it? What are the risks?

2) I know I should list the Philadelphia address as our shared residence on the I-130/I-751. However, I believe the forms also ask about other addresses. I suppose I should list my temporary address in DC there and include a short explanation?

We are both terrified...Please help

What I would do if I were you. Put insurance in both of your names (car insurance, rental insurance, life insurance, medical insurance), bills in both your names (electricity, cable, phone...) now they will tell you they can't but tell them to put one of your names as "ATTN your or her name". Get a lot of pictures date them if you could. lease put it in both your names (leaser doesn't require to have a state ID from the state specifically. put her as an emergency contact and get a proof of that. When you get her gifts keep receipts and if you gave cards keep it too. Now I don't know if the FBI ,when they run your background check, will find out that you live sepretally because of different leases but at least have a letter from her school that she has to complete her studies and a letter from your employer that they still need you. If you have credit card, add her as an authorised user, and open a joint credit card. Open a joint bank account and save every bank statement you get. Order checks with both your names and send a voided check. At least you will have to decide which state you will have to do all of that, either DC or philadelphia. good luck

[Darnell 8,479]

don't forget the I-485 filed concurrently with the I-130.

[Ontarkie 14,503]

~~~~ Moved to Adjustment of Status from Work, Student, & Tourist Visas, from Removing Conditions on Residency General Discussion as he is not removing conditions and will be starting to AOS soon.~~~~

[ceadsearc 516]

Lots of people have filed while living apart. Don't panic. Keep very good records of everything. Phone logs, travel logs, tolls, everything. You'll want to provide more proof than the average Joe. But you have a valid reason, an ending in sight, and proof, so there is no reason to think you'd be denied.

Your other option, since you are here legally on a dual-intent visa (if you plan to keep the job) is to get married now, don't file yet - stay on the H1B. Wait until you are living together and then file. You'll also get a 10-year GC that way, assuming you've been married 2 years at the time.

[LBeachey 45]

I agree with Ceadserac, unless you have a religious objection, I would get married civilly as soon as possible even if you want a larger ceremony later. Then delay applying as long as your present visa allows. Though either way you will want to focus on documenting your relationship.

[Gary and Alla 3,694]

Dear all,

I have been in the US on F1 then H1B for over 10 years now. 5 years ago I met my wonderful now-fiancee, and we are planning on getting married in the near future. However, we are worried about the outcome of both the I-130 and I-751 down the road.

My fiancee goes to a top-notch medical school in Philadelphia where she got substantial financial aid, and still has over 3.5 years to go - so she can't move for a while.

On my end, my focus is international development and there are very few opportunities in Philadelphia. I currently work in DC, and will try to find a job in NYC to get a bit closer. Realistically, though, I can't move to Philadelphia without switching careers and making a huge compromise professionally.

Here's our plan: we'll maintain our joint-residence in Philadelphia (bills and everything), and I'll commute to DC or NY Monday through Friday (where I'll keep a small apartment). This is what I have already been doing for the last year of our relationship, and this works well for us (she's super busy during the week anyway). Of course, we'll have a normal married life otherwise, and ultimately plan on living in either New York or DC together. We also have tons of evidence, as you would expect from a couple who's been together 5 years - pictures with her family, affidavits, proof of travel to 10+ vacation destinations, dozens of bus/train stubs showing weekly visits between DC and Philly, etc.

1) Has anyone faced a similar situation before? How did you handle it? What are the risks?

2) I know I should list the Philadelphia address as our shared residence on the I-130/I-751. However, I believe the forms also ask about other addresses. I suppose I should list my temporary address in DC there and include a short explanation?

We are both terrified...Please help

I do not see why that would be a problem. As long as you have evidence that you are a married couple and maintain a common residence...you are out of town for business. So what?

My wife is a citizen now so it really does not count, but she is attending a college 3 hours drive away from us and we rented her an apartment there where she stays 3 nights per week. It only makes sense to avoid 6 hours commute 3 days per week, especially in an area with bad winter weather. Were we in your situation I would not worry a bit, it is what legitmate married couples do when faced with such issues.

[necmergitur1985 0]

I do not see why that would be a problem. As long as you have evidence that you are a married couple and maintain a common residence...you are out of town for business. So what?

My wife is a citizen now so it really does not count, but she is attending a college 3 hours drive away from us and we rented her an apartment there where she stays 3 nights per week. It only makes sense to avoid 6 hours commute 3 days per week, especially in an area with bad winter weather. Were we in your situation I would not worry a bit, it is what legitmate married couples do when faced with such issues.

Thanks everyone. Keep the helpful advice coming...

I certainly don't want USCIS to tell me how to live my life, but it sometimes feel like they do *sigh*

[waiting_for_aos 11]

I certainly don't want USCIS to tell me how to live my life, but it sometimes feel like they do *sigh*

USCIS is not asking you to live apart. It's your own choice. USCIS is simply doing its job and making sure that people who receive immigration benefits are eligible. Remember, green card is a privilege, not a right. We should be grateful to the US that we are allowed to live and work in such a wonderful country. You are not a citizen of the US. It's your responsibility to prove to the USCIS that your marriage is bonafide. If you have enough evidence, you should have no problem in getting a green card. Living apart is certainly a red flag, but it is a "red flag" for a reason. USCIS probably observed that many fraudulent couples live apart. So when you live apart, it probably raises suspicion. If there were no frauds, USICS would NOT have these criteria. Its NOT fault of the USCIS that so many people are trying to defraud it. It's because of the frauds, even legitimate couples are scrutinized. But legitimate couples shouldn't worry, because in the end their case WILL be approved. USCIS also knows that sometimes even legitimate couples live apart due to school or work related reasons. If the reason is convincing and evidence is good, green card is approved without a problem.

By the way, I also live apart from my wife as she is going to school. My green card interview was really easy and I was approved on the spot. Going over your case, I am pretty sure that your green card will be approved. Good luck.

Edited November 27, 2012 by waiting_for_aos