a question about living together

[Abdo.Gauchô 16]

hi (me and my wife)we're having some problems lately and we're both so frustrated from each other and we're thinking about a break (not break up)

and that means we wanna spend some time away from each other , but i'm scared if i do that i'll get deported or something !

Is it okay if i move out for some time or not?

have anyone experienced this before?

[Ontarkie 14,218]

~~Moved to Effects of Major Family Changes on Immigration Benefits, from AOS Family based. - Where other similar threads are discussed.~~

[tuckin14 58]

What is your immigration status?

If you have your 10-year green card, you have nothing to worry about. Otherwise you might.

[Abdo.Gauchô 16]

Well i don't have 10 years green card i only have 2 years green card ! we're not divorcing i just wanna move out and i wanna know if it's a problem

[Boiler 45,470]

Might be, depends.

[tuckin14 58]

At the point of two years from issuance of your 2-year GC, you will have to reapply. At that time you will have to show that you entered the marriage with a good faith intention of establishing a bona fide marital relationship.

There are no absolute rules for this, but two things USCIS looks heavily at are cohabitation and comingling of finances.

You will definitely not get immediately deported because you move out. However, at the time your reapplication (Petition for Removal of Conditions) is adjudicated, USCIS will be considering whether your separation was indeed temporary and an attempt to maintain some balance in the marriage so it could move forward, or evidence that the marriage overall was a sham just to get a green card.

It would be far more persuasive if, while having different residences, you continue to see each other and continue to combine finances. Even if you don't get back together and are in divorce proceedings by the time of the petition, it will look better if you were clearly trying to maintain the marriage.

[Abdo.Gauchô 16]

@tuckin14 , Thank you

[NikLR 13,227]

Taking breaks rarely helps. In fact out of all the couples I've known in my life, a break has only helped one and likely counselling may have helped them not take a break. I suggest counselling before moving out. If you do move out and intend to continue this relationship then you should still see a counselor (both privately and together) and still make every effort to be a couple and learn to communicate with each other. Marriages do not fix themselves; we cannot fix anyone else; we can only fix ourselves and be ourselves. Compatibility isn't something you can force because not being you, won't last.