Weird advice from the paralegal at the lawyer's office

[spirochete 0]

OK, let's see if I can explain this correctly. My husband is here on a J-1 Visa. His employer is out of state. While a lawyer couldn't tell me this, the paralegal could. She told me that the fact we don't live together (because we didn't think we could) will hurt our AOS and drag it out. His visa keeps him working out of state; their immigration lawyers won't let him work remotely until he has his EAD since the training visa dictates that he works under direct supervision.

The paralegal said we'd have a much easier time for him to leave the job and move in regardless of the Visa. The important things are that he come to the US legally and that we live together as a married couple. We thought we were doing it the right way by honoring the J-1 visa (without the home residency requirement, by the way). Does this sound correct to you guys?

[Yodrak 7]

spirochete,

It's correct that it can be more difficult to demonstrate a bona fide marriage when living apart, but it's far from impossible. Many married couples live apart for various reasons, and your reason is a valid one.

What you need to do is put many of the standard items of evidence out of your mind and use other things that are relevant to your particular situation. Things like visit each other for weekends as often as you can, and document the visits. Do mingle your finances as much as possible - after living together that is probably the strongest indication of a bona fide marriage there is (after having a baby together, but don't even think of doing that for immigration purposes).

Yodrak

OK, let's see if I can explain this correctly. My husband is here on a J-1 Visa. His employer is out of state. While a lawyer couldn't tell me this, the paralegal could. She told me that the fact we don't live together (because we didn't think we could) will hurt our AOS and drag it out. His visa keeps him working out of state; their immigration lawyers won't let him work remotely until he has his EAD since the training visa dictates that he works under direct supervision.

The paralegal said we'd have a much easier time for him to leave the job and move in regardless of the Visa. The important things are that he come to the US legally and that we live together as a married couple. We thought we were doing it the right way by honoring the J-1 visa (without the home residency requirement, by the way). Does this sound correct to you guys?

[John & Annie 0]

Just to add on

You may want to put both rental agreements and all utility bills in both of your names regardless of who is living where

[rebeccajo 14]

Yodrak, that baby thing cracked me up. Thanks for the laugh.

spiro - It sounds like the paralegal may like to play lawyer. We have one of those in our office. Best to follow the advice of the person you are paying - the lawyer.

Yodrak's suggestions are sound as well.

Becca

Edited August 10, 2007 by rebeccajo

[spirochete 0]

You guys are awesome. We're in the process of putting everything in both of our names.

We see each other as much as financially possible because we want to die when we're apart As for having the kid, NOT HAPPENING