L1-A and L2 Living Apart due to Jobs. Apply for Green Card?

[visaq1 0]

My wife and I got married in 2016. She has her I-766 EAD and while she was not able to find a job in my city, she found a job in another state and has been working there for a few months.

We maintain two separate residences since she lives far away (250 mi).

We see each other every other week on the weekends and we talk and email everyday. Credit cards and bank accounts are jointly held.

We are thinking about applying for I-485 and I-140 and apply for green cards under EB-1C. The company is supportive of the application.

I expect we will need to convince during the interview that we have a bona-fide marriage and will include receipts and emails to help support. Once we have them we would move back together, including finding new jobs if needed.

Do you think we have high odds for approval? Do you foresee any other issues?

Edited December 5, 2016 by visaq1

[Penguin_ie 5,993]

I think your odds of approval are pretty good because you have a lot of joint financials, and visit often (presumably you can prove both). A concrete plan of moving back together would help; evidence of her continuing to look for jobs in your home city or the other way around, for example.

[Boiler 45,493]

EB1C is a high fraud category, usually there does not seem to be that much attention paid to a trailing spouse, certainly something to discuss with the Lawyer handling the case.