Residency question during conditional green card

[musicsmith14 0]

Hi everyone. I'm not sure if this is the right place to post this but I had a question that I hope people here can help me with. 

I'm currently a conditional permanent resident, with a green card based on my marriage to my husband (U.S. citizen). In December we are going to apply to have the conditions removed (form I-751), since my conditional green card expires in March 2023. We got legally married in December 2019 but only got the green card in March 2021. The somewhat tricky thing is that we are both teachers, and our job situations mean that I need to live and work in a different state from him during the academic year, starting in August. I will be teaching at a University in Ohio and he will be continuing to teach in Minnesota. We have established our residency in Minnesota. Both our names are on the lease here and so what we are thinking is that we will maintain this address as the permanent address for both of us and I will just have a temporary (non-domicile) address in Ohio. He intends to move to Ohio with me after one more year in Minnesota. Do I need to change my address with USCIS even if I'm keeping my primary address here in Minnesota with him? (That will be the primary address still for taxes, drivers license, etc.). I think they should understand that it's somewhat common for couples to work in different states right? Especially in academia. 

Thank you for your help! 

[Lil bear 4,201]

18 minutes ago, musicsmith14 said:

Hi everyone. I'm not sure if this is the right place to post this but I had a question that I hope people here can help me with. 

I'm currently a conditional permanent resident, with a green card based on my marriage to my husband (U.S. citizen). In December we are going to apply to have the conditions removed (form I-751), since my conditional green card expires in March 2023. We got legally married in December 2019 but only got the green card in March 2021. The somewhat tricky thing is that we are both teachers, and our job situations mean that I need to live and work in a different state from him during the academic year, starting in August. I will be teaching at a University in Ohio and he will be continuing to teach in Minnesota. We have established our residency in Minnesota. Both our names are on the lease here and so what we are thinking is that we will maintain this address as the permanent address for both of us and I will just have a temporary (non-domicile) address in Ohio. He intends to move to Ohio with me after one more year in Minnesota. Do I need to change my address with USCIS even if I'm keeping my primary address here in Minnesota with him? (That will be the primary address still for taxes, drivers license, etc.). I think they should understand that it's somewhat common for couples to work in different states right? Especially in academia. 

Thank you for your help! 

Sounds reasonable yes .but .. . you may have difficulty though with drivers license. I doubt Ohio will allow you to continue on the MN license as you meet OH residency requirements..  also whether your employer identifies you as as an  tax resident and you pay OH taxes. Make sure both your names are on the OH lease and if you have local bank accounts then make them joint. It is a grey fuzzy issue 

Edited May 27, 2022 by Lil bear

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to ROC General Discussion ***

 

[JeanneAdil 6,505]

many who live in boarding states live in one and work in another and have to file resident and non resident tax returns

 

So a good tax attorney or GOOD certified accountant should help u with tax returns as its going to make a difference as to whether u file MFJ or MFS and which state u file from  (a bit more complicated as u will work far from home and will not live there)

 

but most states say u are a permanent resident if u live there  as follows as both your states have state income tax

 

The states with income tax generally consider someone a resident of the state if they spend more than 183 days a year there

 

and

Within 30 days of establishing residency, you will need an Ohio driver license for yourself, and an Ohio title and license plates for your vehicle

 

How immigration will view this is a different story as its a grey area but  u are both professionals with proofs of marriage and still combining assets such as bank, wills, and such  should be understood.   Each of u could do a POA for the other. 

[musicsmith14 0]

Thanks for the replies. I will be sure to add my husband to the lease in Ohio and check the residency rules carefully for taxes and my drivers license. 

Another question is, do I have to file form AR-11 to change address with USCIS when I go to Ohio? I'm thinking I won't since I will still have the primary address in Minnesota with the lease here (that both me and my husband are on) for another year and that has been our primary address and domicile. I will still be able to make it to Minnesota for thanksgiving and Christmas and holidays. In one year from now when we both permanently move to Ohio then I can change the address with USCIS right? Thanks for your help!