I-751 Filed Jointly While Living Separately for Work

[ROCJan2021 0]

Hi all,

Below is my situation:

• Entered as F1 since 2013
• Met my spouse 2015, moved in 2016, got married Jun 2017
• Received CPR Feb 2019 after a fairly simple interview
• We both moved out-of-state and out of our joint residence Aug 2020, me to a nearby state for a job offer and my spouse across the country. The mutual agreement was that I would work there a year max to achieve some financial stability for us (fresh out of school smack dab in the midst of pandemic with hefty student loans, I did apply for residency programs in the state where we wanted to move to but failed to match), while my spouse started building a home there for us first. We still of course maintain our marriage while living separately.
• Filed joint I-751 Jan 2021. Later that year, however, I was selected for a highly competitive training opportunity with a federal agency that was set to end this Fall (2023). During this physical separation, we still maintain our marriage, visit each other 3-4 times/year (I train/work 6x/week). My spouse did stay with me for an extended period of 6 months. 
• Admittedly the period of living apart has taken a toll on our marriage, but I still have full intentions of moving back in with my spouse) after the training ends (currently prepping for state exam). 
• We just received an RFE for bona fide marriage. I have the following evidence to I'm planning to submit for the RFE:
  • Tax transcripts for 2020-2022
  • Joint health insurance 
  • Joint auto insurance for when my spouse visits
  • Bank statements
  • CC as authorized user
  • Beneficiary designation for savings acct
  • Evidence of previous joint residence (lease, mails, utility bills, foster pet...)
  • Flights records, gift receipts, handmade cards
  • Photos with just us and with friends and family
  • Affidavits x2
  • Previous vacation trip back to my home country (prior to the separation)
  • Confirmation of my training program here and confirmation of employment/prep class for my spouse
  • Cover letter explaining our situation

I understand that due to the prolonged separation, our case will be under extreme scrutiny and an interview is highly likely. On top of that, my spouse is expressing that some frustration with our situation to a point that I am concerned my spouse might not cooperate at the interview when the time comes.

 

How strong do you think our collection of evidence is? I am meeting with a lawyer next week to discuss our case, but just want to hear the community's input.

Edited June 13, 2023 by ROCJan2021

[Timona 4,207]

You evidence seems fine.

No need for a lawyer. 

[ROCJan2021 0]

45 minutes ago, Timona said:

You evidence seems fine.

No need for a lawyer. 

thank you for your response, it's a relief to hear!

[Sukie 1,454]

Be sure to acknowledge the whys of separation in your cover letter, and emphasize the efforts you have made to remain connected with your spouse. Things like:  How often do you talk with your spouse and how (email, phone, Facetime).  How often do you physically get together in the same place?  If you have friends or family members who know and support your relationship, this might be a good time for an affidavit mentioning what the two of you do to maintain your relationship and how they observe/support this.

 

Your evidence is strong - just make your story strong, too!

 

Best of luck on your journey.

 

Sukie in NY

Edited June 14, 2023 by Sukie
Change of words

[INF 96]

I think the main issue is if you all continue to stay together. The evidence all looks good and shows a continued marriage. If your spouse does not cooperate during the interview, that is a whole different story!

[ROCJan2021 0]

10 hours ago, Sukie said:

Be sure to acknowledge the whys of separation in your cover letter, and emphasize the efforts you have made to remain connected with your spouse. Things like:  How often do you talk with your spouse and how (email, phone, Facetime).  How often do you physically get together in the same place?  If you have friends or family members who know and support your relationship, this might be a good time for an affidavit mentioning what the two of you do to maintain your relationship and how they observe/support this.

 

Your evidence is strong - just make your story strong, too!

 

Best of luck on your journey.

 

Sukie in NY

Thank you for your thorough input, we will make sure the affidavits touch on these points! 

 

8 hours ago, INF said:

I think the main issue is if you all continue to stay together. The evidence all looks good and shows a continued marriage. If your spouse does not cooperate during the interview, that is a whole different story!

Thank you, I do believe my spouse and I can get through this together since the end of us living apart is in sight.