Living in different cities (not separated) after filing I-751 - Next steps?

[NJI751 12]

       Situation:

1. Nov 2015 - Entry into US on K1 Visa
2. Dec 2015 - Marriage/File for AOS
3. April 2016 - Get work permit (EAD & AP) & Green Card (Wow that was fast!!! )
4. Jan 2018 - Filed I751(NJ Filers, VSC)
5. March 2018 - USC Spouse gets into a prestigious 2 years masters degree program in a city 4.5 hours away. The Conditional Resident has a well paying job in NYC. The CR does not want to quit their job and wants remain in the NJ area and their company does not have a branch in that other city. (USC + CR have been living and working in NJ area  since CR entered the US on a K1 Visa in Nov 2015)
6. August 2018 - USC Spouse quits job in NYC and moves to a city 4.5 hours away to begin their Masters degree. USC and CR plan to see each other at least once every month. Keep each other as the beneficiaries in 401k accounts, Life Insurance etc. Maintain joint bank accounts. Take vacations together. This is until USC Spouse finishes their Masters and move back to the NYC area. CR will move to a new apartment in the same city in NJ they were living in and change their address with USCIS.

 

       Evidence submitted with I751 (We will maintain this even while living in different cities)

1. Pictures of vacations in Latin America/Europe and many other random pictures of us together, including our wedding
2. Joint Tax returns for 2015 and 2016. Filed 2017 after sending in I751.
3. Joint Checking Account with transaction history from Jan 2016
4. Joint Saving Account with transaction history from Mar 2017
5. Joint Health Insurance in 15,16,17,18
6. Designated each other as beneficiaries in Life Insurance/401k from our jobs

 

 

• Question: Do we need to report anything to USCIS? Of course if we have to interview for ROC, we will be honest and present evidence that we are still a legitimate couple
• Question: Can we file for N400 based on the 3 year rule in Jan 2019 if we are living in different cities?

 

       Thank you in advance for your thoughtful responses!

[Jeanne Adil 1,651]

Immigration may not like this but it is so normal in NYS

i am from an upstate small town (350 miles from NYC) and people own a house here so kids can go to a really good school and the husband has efficency apartment in NYC working there and coming to the north every weekend and holiday 

[nightingalejules 678]

The USC will need to file a change of address form (I-865) with USCIS - they will put their "physical address" as the place they're living while taking the master's program and their "mailing address" as CR's address in NJ. 

 

The CR, as you've already stated, will file AR-11 to change their address (both physical and mailing) to the new apartment in NJ. 

 

It is reasonably likely that you will receive an interview, since this situation is not the most common, but it's certainly not unheard of either. Sometimes for work or educational opportunities, "real couples" temporarily have different addresses. 

 

If you get an RFE, include a cover letter explaining your situation. It will ultimately be fine - you may just be subject to a little more scrutiny, but you know your marriage is legitimate, and will definitely be able to prove it. 

[databit 328]

Definitely hire a tax accountant for filing taxes for 2018 forward. Although you can still file federal as joint, you will likely need to file separate state returns (married filing separately) so expect a tax hit.  It gets very complicated.

[NJI751 12]

24 minutes ago, databit said:

Definitely hire a tax accountant for filing taxes for 2018 forward. Although you can still file federal as joint, you will likely need to file separate state returns (married filing separately) so expect a tax hit.  It gets very complicated.

What do you mean  by a tax hit? I am expecting a bigger refund since I am not going to be working for 5 months. But I expect to pay more for Accountant fees. Out tax situation is already complicated NYC, NY State, NJ State.

 

One question that has not been answered here whether we can file for 3 year N400 in Jan 2019?

[NJI751 12]

2 hours ago, nightingalejules said:

The USC will need to file a change of address form (I-865) with USCIS - they will put their "physical address" as the place they're living while taking the master's program and their "mailing address" as CR's address in NJ. 

 

The CR, as you've already stated, will file AR-11 to change their address (both physical and mailing) to the new apartment in NJ. 

 

It is reasonably likely that you will receive an interview, since this situation is not the most common, but it's certainly not unheard of either. Sometimes for work or educational opportunities, "real couples" temporarily have different addresses. 

 

If you get an RFE, include a cover letter explaining your situation. It will ultimately be fine - you may just be subject to a little more scrutiny, but you know your marriage is legitimate, and will definitely be able to prove it. 

Thank you for telling me about I-865. If you did not tell me, I would have no clue.

 

I am concerned about one thing though - USC will have no income while doing their Masters. Is this a concern? 

Edited March 24, 2018 by NJI751

[nightingalejules 678]

52 minutes ago, NJI751 said:

Thank you for telling me about I-865. If you did not tell me, I would have no clue.

 

I am concerned about one thing though - USC will have no income while doing their Masters. Is this a concern? 

Lots of people don't realize it. But the handy thing in your case is that it means you can at least have one address in common.

 

No worries about income for this portion of the immigration process. As long as you both file (and pay if necessary) your taxes and the CR doesn't try to get a means tested benefit, they don't care anymore. It's not like the original immigration process where USC had to prove income. So no, not a concern.

[nightingalejules 678]

Re: 3 year rule naturalization:

 

The rule states that you must have been living "in marital union" for three years... I don't think that specifically excludes people who are married but temporarily not living together. So it would appear that the CR could still apply for naturalization at the 3 year mark, provided that CR doesn't move "jurisdictions" within 3 months of applying. And keep in mind that sometimes "jurisdiction" can change from town to town. 

 

I can't see any rules that would preclude CR from filing on schedule, provided they fit all the other rules.

[Jeanne Adil 1,651]

you can file 3 months before the 3 years after marriage unless you have traveled outside the US / if you have traveled internationally,   you need to add that time to filing and you must be a US resident for 3 months proir to filing

many work in 1 state and live in another / my sister in law for one lives in Pa and works in NJ   /  there are plenty of tax preparers in your area welll equiped to handle tax returns

[databit 328]

17 hours ago, NJI751 said:

What do you mean  by a tax hit? I am expecting a bigger refund since I am not going to be working for 5 months.

Married filing separately (in the state returns) is the highest tax bracket. Also, any educational grants or loans are considered income, which would be in NJ. 

[NJI751 12]

3 hours ago, databit said:

Married filing separately (in the state returns) is the highest tax bracket. Also, any educational grants or loans are considered income, which would be in NJ. 

Moot point in an immigration forum, but educational grants are only taxable if they are above the tuition number. So if you get a scholarship for 60K, and tuition is 50K, only 10K is taxable income.

 

 

[Butterfly83 28]

11 hours ago, adil-rafa said:

you can file 3 months before the 3 years after marriage unless you have traveled outside the US / if you have traveled internationally,   you need to add that time to filing and you must be a US resident for 3 months proir to filing

many work in 1 state and live in another / my sister in law for one lives in Pa and works in NJ   /  there are plenty of tax preparers in your area welll equiped to handle tax returns

THat's not actually true. traveling abroad is OKAY. you can still file within 3 yrs. If you've lived abroad it's different

[bruceandbessie 1]

 This post probably would help ? 

[NJI751 12]

5 hours ago, bruceandbessie said:

 This post probably would help ? 

Thank you!