Seperated awhile but back and filing jointly

[avf 0]

My saga is that I was separated from my USC spouse for 3 months, a month before filing we got back and now stay together again. I had changed my mailing addresses at DMV , credit cards, banks etc from my spouse's during seperation. This is refelected in my credit reports and other places.

Now my quandary is should i list this address on my 751 ? I ofcourse do not have any joint documentation of our joint stay and it may make it evident that we were seperated at this time. Needless to ask if this will make a difference in the 751 as it mostly likely may and we may be called for an interview.

Would appreciate any thoughts and strategy to approach this situation

Thanks

[Navyk 78]

My saga is that I was separated from my USC spouse for 3 months, a month before filing we got back and now stay together again. I had changed my mailing addresses at DMV , credit cards, banks etc from my spouse's during seperation. This is refelected in my credit reports and other places.

Now my quandary is should i list this address on my 751 ? I ofcourse do not have any joint documentation of our joint stay and it may make it evident that we were seperated at this time. Needless to ask if this will make a difference in the 751 as it mostly likely may and we may be called for an interview.

Would appreciate any thoughts and strategy to approach this situation

Thanks

It is hard to guide you. It is always good to be truthful but you can always say that those 3 months in a different address is due to some job need or ...... Bottom line try not to project that you were separated for 3 months, if possible.

[thatbritishlass 2]

This is a question of outright lying vs. simply lying by omission. The I-751 form requires you to submit a list of all your address since conditional residency was issued. I would say that if you hadn't moved any of your bills, etc, then omit. As you registered the change in address with government agencies, you should include it.

As Navyk says, you could say you moved for work or some other reason, but that would be an example of the outright lying. Lying to the USCIS is a big deal - if they find out, it could cause you more aggro than if you had just been honest in the first place. This is just my opinion of course.

Also my opinion, but I would say that if you can provide plenty of strong evidence of a bonafide marriage both before and after the trial separation then just tell the truth. It happens. USCIS also cannot deny you on the basis of (non-legal) separation alone. Here is a link to the memo pertaining to this (I have been going through similar issues and had asked a similar question):

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_%20Prior_Termination_3apr09.pdf

Definitely make sure you send as much evidence as you possibly can and a note explaining your 3-month hiatus living somewhere else. Joint tax returns are big winners, and in this case I would say affidavits from friends, family, etc, who can attest to your genuine marriage throughout the years, would be very helpful also. Worse case scenario you will go to interview and can tell your story. Just because you've had some troubles doesn't make it not a genuine marriage.

Best of luck!

[avf 0]

Thanks this has been helpful. Anymore thoughts would also be welcome