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lucyinthesky

Can I start my AOS with my husband living in a different state?

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Here is the thing. We got married in NY about 4 years ago, and we've been living together this whole time, I was never able to apply for my green card cause my husband wasn't making enough to be my financial sponsor and we couldn't find anyone to help us (he has no family, he only has his grandma and she makes $900/month), most of our friends are either students or immigrants themselves. He had an issue and had to move back to California, where he is originally from, and I decided to stay in NY. We are not sure how long he's gonna be in California for, might be there for over a year and it seems like I finally came across someone who can be our joint sponsor. His ID still has my NY address and he still gets all his mail here, but as soon as he gets a job in California I'm afraid they'll know he's living there. Could that put me in trouble during the process that we are currently living apart even though we've been married for a while and lived together all these years? Thanks.

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It could be a problem, yes, especially if you do not regularly visit eachother.

Are you maintaining legal status another way, say through a work visa? If so, I would wait to AOS until you live together again.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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I agree with Penguin. The officer will wonder why you chose to stay in NY and not follow your husband. He will also wonder what issue was so great that your husband thought it would be worth it to be separated from you. In the end, the burden of proof is on you that you two entered and maintained a bona fide marriage. If you don't have documentation of why you two decided to be separated, just word of mouth or stories aren't going to cut it with the officer.


05/24/2016 [Day 0] Sent in I-130/I-485

05/26/2016 [Day 2] Package received at Chicago Office

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06/03/2016 [Day 10] Received NOA1, priority date 05/26/2016

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