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hablat

Spouse has a different address than mine

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I'm a U.S. Citizen and I just recently got married to my long-time girlfriend of 3 years this February. She is legally in the U.S. right now as a J-1 Visa Holder interning at a Hotel in Philadelphia PA. She is contracted to intern/work for them for the duration of her 1 year j-1 Visa which expires this coming July. My permanent address is in Maryland, and I'm currently attending college here at the University of Maryland.

Our dilemma is that even though we are currently married we are not able to live with each other yet, due to her work and my school being in different states. However we see each other every week at least 2 days a week, sometimes she visits me here in MD on her day offs and i visit her in Philadelphia on days that i don't have classes.

We are currently filling for Adjustment of Status for my wife. And are in the process of filling I-130 and i-485 concurrently along w/ g-g325a, i-693, and i-864.

My Question is would it be acceptable by USCIS if we fill out the forms with our different addresses, her's being a Philadelphia PA address and mines being in Maryland. If it is acceptable, how would we go about explaining it when we submit our forms, do we need to state it in our cover letter or do we need a separate form to explain our situation. Do we really need to have the same address in all our forms?

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It is not explanation for the form, but it is for the interview. It doesn't make sense married couple lives separately from very beginning. In USCIS interviewer, it is something to dig into at interview.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Thank you for the quick reply nancy. So as i understand we should fill out the forms with our different address and not attach an explanation w/ the forms we send to USCIS, but be prepared to explain our situation at the interview?

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~~Moved to AOS from Tourist, Student and Work visas, from AOS from Family - As the OP's wife is here on a student visa not a K1~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Sorry im still unsure on how to move ahead with Our forms. Would it be better if we use my address as her primary address and list her current philadelphia address as temporary address? If we can how will we go about indicating that in our forms. For example in the g-325a form it asks to list her address in the last five years, would we include both my address and her philadelphia address with the same "from" and "to" dates. Thanks, any insight on this would help.

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The way I see it, you need to be truthful in all your forms and statements. If you're both living in different places temporarily, then use the two different addresses. You can use your address as her permanent address and her current one as her temporary address if that's her intention and perception of the situation. But from the point of view of USCIS the red flag raised is the same: you guys are living in different states (her claim that her PA residence is temporary doesn't matter).

I would add a letter explaining the situation (since it's unusual). I'd also add some additional evidence of bona fide marriage (see items E-J in form I-130 instructions, page 3). But you don't have to The bar you have to clear right now is pretty low. The actual questions will come in the interview.

Re: interview: it's not normal for a recently married couple to live in different places but it's also not completely unheard of, specially due to job/school requirements. Gather evidence of what you're saying (copies of bus tickets, school transcripts, work contract, pictures and affidavits of people that know you see each other regularly) and take it with you in the interview. Have more evidence that you're indeed married (trips, affidavits, finances, etc). In any case, it seems she'll move in with you in July which will likely be before the interview. At that point you'll have the best evidence that counters the early separation question: you moved in together.


May 29th, 2015 - Sent AOS package

June 1, 2015 - Package received by USCIS

June 4, 2015 - Biometrics Fee Accepted

June 20, 2015 - Biometrics Appointment Letter Received

June 30, 2015 - Biometrics Appointment

August 6, 2015 - I-131 approved

August 6, 2015 - Your card was ordered

August 7, 2015 - I-765 approved

August 20, 2015 - EAD received

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Thanks you so much for the detailed response and sorry for not being clear. Yes we are going to be living together at my address after her contracted work at Philadelphia, its our agreed "base" address. Our joint account bank statements, and her personal account are being mailed to my address. So from what i understand it would be best for me to use my address as her primary address but still list her Philadelphia address as one of the addresses she resided in in the last 5 years listing it as the most recent but noting it as temporary. Then include a letter with our application to explain why her most recent address is in Philadelphia, and why it is temporary. As i understand it if we have our interview before her July contract is over at Philadelphia, then we should provide a lot of supporting documents to support why we are living in two different states at the moment. Would that be a good way to move ahead with our application? I just want to be sure about this. Thanks.

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I just got approved last week for my I-485. My situation was very similar to yours. I am attending law school full time in the West Coast and my wife (girlfriend back then) is working in the East Coast. We only get to see each other every other month for about a week each time. I filed our forms with DIFFERENT addresses. The officer who interviewed us did not ask why we live separately (obviously because I am attending school out of state) but she did ask about how we spend time with each other and how many times we have seen each other.....and some other questions along that line.

my thoughts to you:

- You can use 1 address but you have to be able to prove that such address is the final place, where you guys will reside after all

- Look into processing time line to decide where is a better place (office), either PA or MD, to filed as your address. If you are not in hurry for this AOS process than ignore this

- Gather information regarding each trip you guys visit each other (flight ticket, gas pumping receipt, everything....)

- Be honest and detail during the interview.

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Just to make it clear: I'm not a lawyer, this isn't legal advice, is just my understanding of things.

1) I don't know if having two residences at the same time in the form makes sense at first, but it makes sense after you explain it. So if you do that, make sure you have a letter explaining why the odd answer in the form. I wouldn't do it because you're asking USCIS to make a judgment call. I would just keep information as simple as possible.

2) Yeah, if interview happens before you move in together they may ask what's going on. So have evidence explaining why. But don't stress too much over that. Remember that they'll look at the overall case, not focus on living apart as reason for denial despite all other evidence in favor. If your marriage is legit, you'll for sure have enough supporting evidence to prove it, despite the fact that you're living apart.


May 29th, 2015 - Sent AOS package

June 1, 2015 - Package received by USCIS

June 4, 2015 - Biometrics Fee Accepted

June 20, 2015 - Biometrics Appointment Letter Received

June 30, 2015 - Biometrics Appointment

August 6, 2015 - I-131 approved

August 6, 2015 - Your card was ordered

August 7, 2015 - I-765 approved

August 20, 2015 - EAD received

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Just to make it clear: I'm not a lawyer, this isn't legal advice, is just my understanding of things.

1) I don't know if having two residences at the same time in the form makes sense at first, but it makes sense after you explain it. So if you do that, make sure you have a letter explaining why the odd answer in the form. I wouldn't do it because you're asking USCIS to make a judgment call. I would just keep information as simple as possible.

2) Yeah, if interview happens before you move in together they may ask what's going on. So have evidence explaining why. But don't stress too much over that. Remember that they'll look at the overall case, not focus on living apart as reason for denial despite all other evidence in favor. If your marriage is legit, you'll for sure have enough supporting evidence to prove it, despite the fact that you're living apart.

:thumbs:


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Thanks for your input adam and congratulations! I was also thinking to do that at first, but was not sure, hence the reason for this topic. One question though when you mailed your forms to USCIS, did you have to include a letter explaining why you and your wife had a different address? Or was that made clear at your interview as well.

Also thanks blah and nancy for your input, this is really helping us out decide on how to go ahead with filling out our forms.

I just got approved last week for my I-485. My situation was very similar to yours. I am attending law school full time in the West Coast and my wife (girlfriend back then) is working in the East Coast. We only get to see each other every other month for about a week each time. I filed our forms with DIFFERENT addresses. The officer who interviewed us did not ask why we live separately (obviously because I am attending school out of state) but she did ask about how we spend time with each other and how many times we have seen each other.....and some other questions along that line.

my thoughts to you:

- You can use 1 address but you have to be able to prove that such address is the final place, where you guys will reside after all

- Look into processing time line to decide where is a better place (office), either PA or MD, to filed as your address. If you are not in hurry for this AOS process than ignore this

- Gather information regarding each trip you guys visit each other (flight ticket, gas pumping receipt, everything....)

- Be honest and detail during the interview.

Edited by hablat

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I did have a cover letter explaining our relationship and why we live separately. Also we also included proofs that my wife was trying to apply for jobs in the city where I am residing so we can be together

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