Married but not living together

[Mounat02 63]

9 hours ago, Danny93 said:

Oh you have no idea. Please dont make accusations if you dont know me. I want to be with her 24/7 but not everything goes the way we plan. 
I am talking about the worst case scenario (never being able to live together in the coming 3 years) but if everything goes as planned we will be able to live together in the last year of the 3 years requirment.

 

LoL. The Fraud/suspicious marriage brigade is always on patrol.

 

You have received your LPR because USCIS believed your marriage is legitimate. Everyone has special circumstances and you will have to think of ways to have visitation, cohabitation, joint tax filings and co-mingled finances as much as possible to file under the 3-year rule. If you opt for the 5-year, it's less of a burden but still need to be mindful since you acquired GC based on marriage.

 

There's usually very good/concise advice on Visa Journey but, occasionally, you may find yourself being interrogated about your intentions (which don't matter!).

 

Take the good advice and move on.

[SalishSea 17,836]

18 hours ago, Danny93 said:

Oh it is a thing 

Really?  You can practice dentistry with only a master's degree?  Then what does "DDS" refer to?

[SalishSea 17,836]

18 hours ago, Danny93 said:

Oh you have no idea. Please dont make accusations if you dont know me. I want to be with her 24/7 but not everything goes the way we plan. 
I am talking about the worst case scenario (never being able to live together in the coming 3 years) but if everything goes as planned we will be able to live together in the last year of the 3 years requirment.

 

I made no such accusation.  I stand by what I said, which is that you make it sound like a green card marriage.

 

But in the end, no one's opinion except for the USCIS matters.

[Danny93 4]

6 hours ago, Jorgedig said:

I made no such accusation.  I stand by what I said, which is that you make it sound like a green card marriage.

 

But in the end, no one's opinion except for the USCIS matters.

Maaan quarantine sucks 😂

[Just Paul 4,595]

On 4/14/2020 at 1:17 AM, Danny93 said:

Yes we are. Enjoying quarantine to the max 😂

Lucky you.  Being immunocompromised and quarantined for the last 10 days because you and your wife tested positive sure isn't very enjoyable, trust me.  

 

Waiting for 5 years, for naturalization,  is probably the best option, if you are seeking naturalization.  Like others have said, you already have a green card so you won't lose that.

[Danny93 4]

10 minutes ago, Paul & Mary said:

Lucky you.  Being immunocompromised and quarantined for the last 10 days because you and your wife tested positive sure isn't very enjoyable, trust me.  

 

Waiting for 5 years, for naturalization,  is probably the best option, if you are seeking naturalization.  Like others have said, you already have a green card so you won't lose that.

Luckily, me and my wife are negative but staying home like everyone else

 

Praying for you and your wife sir,

 

hope you stay safe and healthy ❤️

Edited April 15, 2020 by Danny93

[SusieQQQ 11,586]

22 hours ago, Marieke H said:

Oh, gotcha. No, that greencard will not be taken away. Even if you'd divorce you would not lose your greencard. 

Maybe consider filing for naturalization under the 5 year rule (5 years of permanent residence) instead of 3 years of marriage to a USC, because your marriage might be scrutinized. 

The marriage will still be scrutinized, though they obviously would not be insistent on factors like marital union that are required for a 3-year naturalization.  Even under the 5 year rule, the way in which you got your green card initially is looked at to ensure permanent residence was legitimately gained. Those of us who have it from employment, DV etc can attest to that. 

 

 

[Danny93 4]

2 minutes ago, SusieQQQ said:

The marriage will still be scrutinized, though they obviously would not be insistent on factors like marital union that are required for a 3-year naturalization.  Even under the 5 year rule, the way in which you got your green card initially is looked at to ensure permanent residence was legitimately gained. Those of us who have it from employment, DV etc can attest to that. 

 

 

Well from now until the next 5 years if me and wife don’t live together then im gona kill myself 😂

[Mounat02 63]

3 hours ago, Danny93 said:

Well from now until the next 5 years if me and wife don’t live together then im gona kill myself 😂

Surely, you jest. Marriages end before, during and after immigration process. USCIS knows this and there are ways to deal with every situation. Your marriage could end today and you'd still be able to file under 3-year (with lots of hurdles to jump) or 5-year (with fewer hurdles).

[geowrian 22,337]

1 minute ago, Mounat02 said:

Your marriage could end today and you'd still be able to file under 3-year (with lots of hurdles to jump)

On what basis?

[Nitas_man 3,100]

40 minutes ago, geowrian said:

On what basis?

No basis if they don’t stay married until the case is processed

[Mounat02 63]

56 minutes ago, Nitas_man said:

No basis if they don’t stay married until the case is processed

My memory could be failing me but there are exceptions. Not sure about exact INA sections.

[geowrian 22,337]

6 minutes ago, Mounat02 said:

My memory could be failing me but there are exceptions. Not sure about exact INA sections.

Only exception I can think of is is they were subject to abuse by the spouse, and completed ROC via such a waiver.

There is a way to naturalize before 3 years as well via the military, but that's not the "3 year rule".

 

Edit: And note that does not apply here as they entered on an IR-1 visa (no ROC involved).

Edited April 15, 2020 by geowrian

[Mounat02 63]

17 minutes ago, geowrian said:

Only exception I can think of is is they were subject to abuse by the spouse, and completed ROC via such a waiver.

There is a way to naturalize before 3 years as well via the military, but that's not the "3 year rule".

 

Edit: And note that does not apply here as they entered on an IR-1 visa (no ROC involved).

We're mostly on the same page. I DDG'ed it and found a policy manual entry (Reference to battery or extreme cruelty).

 

It's not clear if it definitively applies to 3-year but that was my understanding from the past. Still reads like that but it's also open to interpretation. 

[geowrian 22,337]

6 minutes ago, Mounat02 said:

We're mostly on the same page. I DDG'ed it and found a policy manual entry (Reference to battery or extreme cruelty).

 

It's not clear if it definitively applies to 3-year but that was my understanding from the past. Still reads like that but it's also open to interpretation. 

The circumstances are:

Quote

• An approved Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) as the self-petitioning spouse of an abusive U.S. citizen;

• An approved Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) as the self-petitioning spouse of an abusive LPR, if the abusive spouse naturalizes after the petition has been approved;^[15] or

• Special rule cancellation of removal for battered spouses and children in cases where the applicant was the spouse, or intended spouse of a U.S. citizen, who subjected him or her to battery or extreme cruelty.^[16] 

and

Quote

An approved battery or extreme cruelty waiver of the joint filing requirement for Petition to Remove Conditions on Residence (Form I-751), for a conditional permanent resident, if the marriage was entered into in good faith and the spouse was subjected to battery or extreme cruelty by the petitioning citizen or LPR spouse.^[17] 

 

There's not really anything for interpretation here. They either obtained LPR status via an approved I-360 (generally VAWA or widow) or completed ROC via an abuse waiver.

Neither of which can apply here as they entered on an IR-1 visa.

Edited April 15, 2020 by geowrian