AOS two addresses

[baoule_sama 2]

Hi everyone, 
My wife and I got married in April and at that time I was still going to school.

I move with her in the small town where she works. I was not able to find a job there and then got a job offer in the big city.
For now I stay at my friend's house on weekday and come back on weekend.

I have to get an apartment in January and I don't know if that would be a red flag for the process. 

[appleblossom 2,596]

1 hour ago, baoule_sama said:

Hi everyone, 
My wife and I got married in April and at that time I was still going to school.

I move with her in the small town where she works. I was not able to find a job there and then got a job offer in the big city.
For now I stay at my friend's house on weekday and come back on weekend.

I have to get an apartment in January and I don't know if that would be a red flag for the process. 

 

How far apart are the two places? Presumably not far if you can get back every weekend? Could your wife move to be with you instead maybe? It could well be problematic if you're living at separate addresses. 

 

What kind of case is this, AOS from a K-1? 

[baoule_sama 2]

it's a 1h40 min. She can't  move with me because she works there.

it's a marriage base green card 

[appleblossom 2,596]

1 minute ago, baoule_sama said:

it's a 1h40 min. She can't  move with me because she works there.

it's a marriage base green card 

 

So have you already filed for AOS? For 1hr 40 min I think I'd commute rather than risk it. 

[baoule_sama 2]

I haven't filed yet. 

You mean commute every day for 4h ?

[OldUser 6,768]

Living apart is one of the fraud indicators.

 

Do you comingle finances? 

[appleblossom 2,596]

3 minutes ago, baoule_sama said:

I haven't filed yet. 

You mean commute every day for 4h ?

 

If you haven't filed yet then how are you working?

 

And I did it for many years, most people I know commuted in to London from where I lived (about 1hr 45 mins away). But if that's not an option then presumably you'd be going home every weekend? You'd need to keep good evidence of that and go overboard with other evidence. 

[baoule_sama 2]

@OldUser Yes we do have combined finances. is adding her to a the new place will help?
I honestly don't know what to do. 

[baoule_sama 2]

@appleblossom
I am an F1 student. Just graduated and Have a work auth
It would work in London. 

But in my state, I will have to drive almost 4h back and forth every day 

Edited November 24 by baoule_sama

[OldUser 6,768]

9 minutes ago, baoule_sama said:

@OldUser Yes we do have combined finances. is adding her to a the new place will help?
I honestly don't know what to do. 

Only if she lives / planning to live there. 

 

If you get an interview, one of the first questions you may get asked is to show both of your DLs / IDs. If addresses on them don't match,  expect scrutiny.

 

But you wouldn't want to pretend living together either by listing on lease / updated IDs when not residing together. This could be viewed as misrepresentation. 

 

If there are suspicious about your living arrengements, USCIS can send few agents to knock on the door you listed as residence in application as ask where your spouse is.

Edited November 24 by OldUser

[appleblossom 2,596]

17 minutes ago, baoule_sama said:

But in my state, I will have to drive almost 4h back and forth every day 

 

Yes, as above, that's what I did. 1hr 45mins each way in to London, very common where I lived. Most people who work in London can't afford to live there! 

 

But if you want to live apart then make sure it's only during the week (go home every weekend) and make sure you have LOTS of proof of a genuine relationship and co-mingling all of your affairs. Joint bank account, health insurance, taxes, wills, insurances, shared vacations, phone calls, etc, etc. You should also keep evidence of your job hunt in the town where you wife lives, to show you couldn't find any work there. 

 

Good luck. 

Edited November 24 by appleblossom

[SteveInBostonI130 3,465]

37 minutes ago, baoule_sama said:

I haven't filed yet. 

You mean commute every day for 4h ?

 

If you have not filed for AOS and EAD you are not allowed to work unless you have a work visa or status, such as H1b.  You living apart from your wife to work is an issue.

[baoule_sama 2]

44 minutes ago, OldUser said:

Only if she lives / planning to live there. 

 

If you get an interview, one of the first questions you may get asked is to show both of your DLs / IDs. If addresses on them don't match,  expect scrutiny.

 

But you wouldn't want to pretend living together either by listing on lease / updated IDs when not residing together. This could be viewed as misrepresentation. 

 

If there are suspicious about your living arrengements, USCIS can send few agents to knock on the door you listed as residence in application as ask where your spouse is.

 

So if we want to file, it would be with different addresses ?
 

[OldUser 6,768]

2 minutes ago, baoule_sama said:

 

So if we want to file, it would be with different addresses ?
 

I cannot make this decision for you. See @appleblossom answer. 

 

Also, wouldn't it make more economical sense (besides benefits to marriage in general) to live in one place and pay rent for one place instead of two places?

 

Can your spouse find a job in big city and move in with you?

How long do you anticipate this separation to last? People typically don't get married to live in different cities.

Edited November 24 by OldUser

[nastra30 2,287]

13 hours ago, SteveInBostonI130 said:

 

If you have not filed for AOS and EAD you are not allowed to work unless you have a work visa or status, such as H1b.  You living apart from your wife to work is an issue.

I think op might have OPT. Op Needs to clarify.