Will living apart affect our AOS?

[IJJ 18]

We are living in metro Atlanta area, married for 22 years, with kids (2 teenagers). Husband has a job offer in California but kids want to finish up high school here. We were suppose to have our interview scheduled in Feb but Covid hit. And husband needs to move next month for new job. So, will that affect our AOS? If we are called for interview, will it be here or there?

 

Edit to add : Husband on H1-B and we are his dependents.

Edited June 4, 2020 by IJJ

[Lucky2Lucky 2,526]

Is the whole family adjusting status or just you and kids? I imagine you are moving with your husband next month? If so you need to update your address otherwise your interview will of course be scheduled in GA.

[payxibka 10,047]

9 minutes ago, IJJ said:

We are living in metro Atlanta area, married for 22 years, with kids (2 teenagers). Husband has a job offer in California but kids want to finish up high school here. We were suppose to have our interview scheduled in Feb but Covid hit. And husband needs to move next month for new job. So, will that affect our AOS? If we are called for interview, will it be here or there?

 

Edit to add : Husband on H1-B and we are his dependents.

Interviewe location will all depend on what address they have on file for the applicant.  

[IJJ 18]

5 minutes ago, Luckycuds said:

Is the whole family adjusting status or just you and kids? I imagine you are moving with your husband next month? If so you need to update your address otherwise your interview will of course be scheduled in GA.

Almost entire family, except kids who were born here. I am planning on staying here with the kids till they finish up school. He moves alone for job.

[IJJ 18]

4 minutes ago, payxibka said:

Interviewe location will all depend on what address they have on file for the applicant.  

 

So even if we are his dependents, and he is in CA, he will interview there and we in GA, we get interviewed here? Will this go this way?

[payxibka 10,047]

1 minute ago, IJJ said:

 

So even if we are his dependents, and he is in CA, he will interview there and we in GA, we get interviewed here? Will this go this way?

One interview per application.   If in GA, he must travel.   If CA, you must.

[IJJ 18]

3 minutes ago, payxibka said:

One interview per application.   If in GA, he must travel.   If CA, you must.

So, if as a family, we must use 1 address? Either the address we will live in GA or the new address he will live in CA. 

[igoyougoduke 1,676]

15 minutes ago, IJJ said:

So, if as a family, we must use 1 address? Either the address we will live in GA or the new address he will live in CA. 

Yes

[payxibka 10,047]

20 minutes ago, IJJ said:

So, if as a family, we must use 1 address? Either the address we will live in GA or the new address he will live in CA. 

No, the primary applicant and family can use different addresses, but the interview location will be determined by the address of the primary applicant 

[JeanneAdil 6,671]

I know kids don't want to leave friends and to graduate in their home school

 

but have you thought to take them to CA and let them see what they would be missing by not making the move?

you are easily within a drive to the beach or to the mountains for hiking and skiing in almost every CA city

 

the advantages of living there outweigh the expense of keeping up 2 homes / Ca is quite expensive in most areas

and Tuition ranks 5th in California amongst 4 year colleges for affordability if you are a Ca resident  (I always look at future for advantages of both)

 

 

[Quarknase 1,072]

The address thing can be resolved - it's probably easier if you interview in GA and if your husband maintains his residency there (I assume he'll come visit you on weekends anyways?) you should be fine.

As for the living apart - you said yourself that you have been married for 22 years so I don't see this as an issue. Especially in the current economical situation there are probably some "week day commuters" that accepted jobs in other states.

He can keep travel itineraries/boarding passes from the flights back home to visit the family, you can keep call and chat logs just in case to proof ongoing relationship. Not sure if it's needed but USCIS will probably understand that these things can happen.

[SteveInBostonI130 3,489]

This is AOS from H-1B visa for the family, not from a spouse visa for the spouse.  The ongoing relationship thing does not really apply here.

[Duke & Marie 1,389]

My husband and I have two residences in two states due to his work... and are doing AOS.

 

My hubbies primary residance is the same as mine the family home and he uses the apartment for while he’s at work, as somewhere to lay his head.. hubby and I are still very much together with all our ID, insurances and bills being sent to the home address.. and he comes home to us on his days off, yes 8hr drive every time he gets time off. 

 

i guess what im saying is, just because he has to relocate for work, dosent mean he has to “move” so to speak, our apartment that he uses is in both our names, but we treat it much like a motel, it’s not his home, it’s just a small place where he has a few home comforts and where I can visit him if I get the chance... his home is where me and his kids live. Of course on the down side we pay a little extra in taxes, but it is what it is.. 

 

my recommendation to you is, treat his new place as a long term motel that’s in both your names until such time y’all plan to move your primary home and it shouldn’t be an issue... treat it as if he’s moved and it’s boarderline separation.. 

Edited June 4, 2020 by Duke & Marie

[geowrian 22,338]

8 hours ago, SteveInBostonI130 said:

This is AOS from H-1B visa for the family, not from a spouse visa for the spouse.  The ongoing relationship thing does not really apply here.

The H-1B part doesn't have particular meaning here...what matters is on what basis they are able to AOS. Looking at the OP's post history, I'm assuming he is doing employment-based AOS as she implies that she is on H-4 status as his derivative and she previously asked about EB visas.

Either way, an alien spouse applying for a benefit must still demonstrate that the marriage is not to bypass immigration law. Just because the spouse is a derivative doesn't mean that it cannot be fraudulent.

Just because it's employment-based AOS doesn't mean he can engage in a sham marriage and the derivative spouse can (legally) gain the benefit from it.

Imagine the case where somebody finds out they are going to be able to AOS, so they agree to marry somebody in exchange for money just to get a green card. Or they could be an unknowing victim. This would not be allowed, and if discovered, would be a basis for denial of the derivative's application (and the principal applicant as well if it is determined that they misrepresented anything material or committed fraud).

 

That said, I don't foresee any issue in the OP's case. Nothing implies fraud based on the (limited) information available in their post history. The marriage was also reviewed previously to qualify for the H-4 visa.

I would not expect the temporary living situation to be a big concern, other than possibly in travel arrangements.

 

I'm just pointing out that just because it's not an LPR or USC petitioning for a spouse does not mean that the bona fides of the marriage don't matter. They do.

Edited June 4, 2020 by geowrian

[IJJ 18]

Update : I asked our lawyer and received reply. She said it could be one way or the other now. Husband will update his CA address and we will continue to use GA address. According to lawyer, we may be interviewed separately, in CA & GA separately. Or, we may have to fly over or him to fly back. The change of state will result in a slight delay for the interview plan but will not 'reset'. Lawyer does not think it will affect adversely since it is because of a new job and we have other family needs. GA and CA are in both ends of US, frequent travel can take quite a toll on our pockets. Driving to and fro (40hr)is not an option for frequent travelling.

 

Thank you also for all well-intended suggestions. Moving to CA within such short notice is not feasible for one or 2 of our family members right now.