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falmaind

ROC (I-751) when living in different states due to work

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Hi my wife and I were married in 2014. We lived together for about 13 months until she had to move to a different state for her medical residency (no choice in picking where you end up going). I on the other hand work in an industry with zero presence in the small town where she went. I continue to work in my original state. So we have been living separately (visit her on avg every 6 weeks). Does anyone else have knowledge of other cases on how to proceed. We have already filed a joint I751 for ROC. I came across an article which stated that filing jointly but living separately is Level-A fraud marker and 100% assigned for interviews. We are ok with interview. I'm just nervous and would find it helpful if someone else has had this experience. What type of extra evidence you submitted.

 

In addition to the usual evidence I've also submitted about 50% of the boarding passes of our travels visiting each other (thats all I could locate).

 

Thanks

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Why not get some documentation that backs up your narrative? USCIS officers aren't stupid and they have probably heard of many cases where a spouse had to move temporarily to do something related to school or work. They will understand your situation if you explain it to them. Understanding and having document proof are not the same though. Don't worry about being apart. Worry about showing documentation that you two have a bona fide marriage (having insurance together, power of attorney, lease, bills, etc.) and that her rotation situation is temporary.

 

Is she still on your lease? She may have moved for the rotation, but that's temporary. Where is her 'home'? Having her on your lease and utility bills will help with that. Show that her move was for the purposes of making her transit to her rotation site easy and is only temporary. What about rules about rotations from her school? Her school must have some guidance documents on the limitations of picking/being assigned rotation sites? For example, my school has numerous documents posted to show that site selection is geographically limited for accreditation reasons. If not, your wife could even ask the rotation coordinator if she/he wouldn't mind writing an affidavit/letter stating your wife has to go where she is assigned. What about your job? You said there's zero presence in the town she went to for someone of your background. You could show your current salary, your level/years of experience, what your industry is to try and back up why you wouldn't want to drop your current position to move with her. 

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This is not a rotation. Rather a Residency. Residency is achieved through a Match process. And it is 3 years long. So her home is in her new location. She is on her own lease, while I live with my family (I do not have a lease). I am on her utility bill over there as well as car insurance over there (together). I visit often and drive our car there. ACGME is the body that governs the rules and regulations of a residency. Would I ask ACGME to create an affidavit or just point them to the ACGME website.

I really appreciate the questions you have brought up and those are some valid questions an officer would ask who is not at all familiar with the process and my work line. 

 

Would it hurt me if I send further documentation without a request for RFE while i wait for them to process my application? Or should I wait for RFE and then only send such documentation?

 

Thanks

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Adding to this

For sake of completeness... this is what I've already submitted:

1. Details of when we have travelled to visit each other or go for a vacation (Along with boarding passes)

2. 30 photographs spanning the period with comments of where they were taken during social events and including Facebook comments with dates

3. Bank Statements from joint accoungs (3 banks but only 1 set each). ----- > I could send more now

4. Message from Bank showing authorized users on each others cards. No joint CCard as we were building her credit and these days big 3-4 companies have stopped doing co-signed credit accounts

5. Auto insurance with both of us on it

6. 100% beneficiary to my Life ins policy

7. Electric utility bill under our names from her place of residence

8. 2 notarized affidavits from friends 

9. IRS Tax transcripts 2014 and 2015. filed together as married.

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Residency, rotation, doesn't really matter. The point is, it's still something you can either frame as partly out of her control in being able to pick a site closer to you, or as a great opportunity that she didn't want to give up because it concerned her future career and you both agreed it'd be something temporary. You seem to have plenty of documents with both your names on it. That's great. What about your driver's licenses? Do you both have the same address listed?

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If you go through this forum you should be able to find other threads were people have had similar issues.  Sometimes people can find a place between so they can commute but that doesnt always work.  Just document thoroughly why you live apart, that it is temporary, and all the things you do share.  Include documentation of regular visits so even gas receipts. You may be called in for an interview but with evidence and a strong relationship you should be okay.  

 

Think about wills and powers of attorney for each other as well.  

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Hi falmaind,

I'm in the same situation as you (I got a fellowship in Minnesota while wife will continue to work in new york). Can you tell me how your application went? And if you have any tips for us? 

Thanks.

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Application process was not too bad. Interview took a long time coming but once the interview happened it was not difficult because our situation /documents I listed above added up. 

 

We were approved

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