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kevinmba2011

Living apart before EAD

By kevinmba2011 in Adjustment of Status from Work, Student, & Tourist Visas

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kevinmba2011 Newbie

kevinmba2011   0

Posted
Filed: Other Country: India
 Timeline
Posted

Hello, I recently got married and my wife (US citizen) and I are living in two different states. We have submitted the I-130 petition. I plan to move in with her as soon as I get the EAD. We will be together during the interview.

Will the fact that we have been living separately affect our I-130 petition getting approved and the EAD?

Ryan H Grand Master

Ryan H   3,834

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted (edited)

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum; OP is already in the US and references an I-130 having been filed.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Hypnos Grand Master

Hypnos   6,578

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Living separately while married is a red flag that you would need to overcome with a good explanation and evidence to support it.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

velrich Proficient

velrich   50

Posted
Country: Jamaica
 Timeline
Posted (edited)

I saw a VJ member getting approved recently although living at different addresses. As stated above ensure you have a good explanation.

Edited by velrich

Petitioner LPR upgraded to USC June 22, 2012
August 22, 2012: case complete
October 18, 2012: Interview (APPROVED)
October 26, 2012: Picked up visa from DHL (delay caused by Sandy)
December 15, 2012: POE Atlanta....................became USC July 2016!!!!

Mothers' Journey (My sister is the petitioner)

September 10, 2013: Sent I-130 (UPS next day service)

September 12, 2013: Received text to confirm delivery

September 16, 2013: Received NOA 1

March 22, 2014: Received NOA 2

April 8, 2014: File Received by NVC

May 26, 2015: Interview (approved)..........now LPR (delays caused by 2 RFE)

Penguin_ie Grand Master

Penguin_ie   5,997

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

It is not an automatic denial, but it will make it more difficult to get approved. You will need very good reasons why you are living apart. What visa are you adjusting from, and how long have you known eachotehr/ been married?

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

AnotherLostSoul Proficient

AnotherLostSoul   167

Posted
Filed: Timeline
Posted

Living separately is not complete means of denial. You just have to have a legitimate reason for living apart. I also live apart from my husband (still today) but we got approved right on the spot in 10 minutes without asking for any documents, evidences besides our passports, and driver's licenses, and photos. Nothing else was asked, even though we brought along the whole pack of evidences. So, if you have good reason, don't be afraid!!! You'll be just fine! Good luck!

Galilea Rookie

Galilea   1

Posted
Filed: AOS (pnd) Country: Spain
 Timeline
Posted

I am on H1B visa and we were in a long distance relationship for over two years. We got married in December.

Hi!

My husband and I are in a similar situation: we married in June and we are living apart in two different states as I'm in my J-1 final year.

We are also concerned that not living together may add difficulty in our application. I keep seeing in visajourney that we'll need to present proof of our "commuting marriage": travel documents, bills, pictures, etc. I also think that having working visas will make our cases easier to understand: the interviewers have seen many other similar cases and they will know that we just want to be "reunited" with our spouses.

We just applied for AOS and EAD on 12/5. Keep in touch and perhaps we can help each other through our experiences.

And congratulations in your marriage!

AOS from J-1

12/05/2012: AOS package sent.

12/12/2012: Checks cashed.

12/15/2012: Received I-797C receipt notices.

12/26/2012: Received biometric appointment notice.

1/3/2013: Walk-in biometrics, Des Moines, IA.

1/4/2013: Received I-485 RFE letter.

1/16/2013: RFE reply sent.

1/30/2013: Case Status changed to Testing and Interview.

2/6/2013: EAD & AP approved.

2/14/2013: EAD & AP combo card received

2/19/2013: Received Interview notice (April 8th)

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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