Green card through marriage

[Clarissa 0]

Hello, I am a U.S citizen and recently got engaged to a guy who is not a citizen. His father had came to America from Pakistan to finish his Phd and then decided to go back to Pakistan to bring his wife and 5 kids. He ended up over staying his student visa in Pakistan. Staying out in pakistan for 40 days made him loose any legal status he had. It's now been almost 24 years my fiancé and his whole family still aren't greencard holders. All of his siblings including him are apart of the DACA program aka dreamers program. My fiancé is a working RN and is now getting a master in nursing. He is doing very well over all in life. We are planning on filing for a greed card through marriage. We are Muslim so we will do a big nikkah ceremony but we will not be living together. I am 21 and live in Pennsylvania and he is 23 living in Delaware. We cannot afford to live together at this very moment. I am a pre med major and he is doing his masters in nursing so it will be extremely difficult for either of us to  move and switch schools. I feel like me and him have a strong case of proving we actually wan to have a future together. He is the third youngest in his family. There are four brothers and one sister. He has two older brothers who are 28 and 26. They bother have not gotten married but we will be because we ended up liking each other. We have known each other for almost 17 years or so. We were raised together as family friends. We know everything about each other and have proof of us knowing each other for a very long time. We also have proof of many times we have hung out, exchange gifts proof of being a couple basically years prior to being together and filing for the greencard. Would it still be necessary for us to show proof of inseurance policy or credit card transactions and etc? I would really appreciate some help please and thank you! 

Edited July 18, 2017 by Clarissa

[Coco8 1,039]

I think the fact that you don't live together will be a big problem. I totally understand you situation, but USCIS is very "old school" and they have a list of things they like to see as evidence of bona fide marriage. The evidence you provide is evidence of fiance/boyfriend, not evidence of marriage.

 

You will have to get legally married too because a religious ceremony does not count for USCIS.

 

Hopefully other people will comment here, but my recommendation is the following. Get married but hold off on the green card application. He has DACA so he is safe for the moment. While marriage but living in different cities, start collecting evidence of bona fide marriage. You will find information on VJ and people can give you ideas too: joint account that you will use, insurance policies, get a joint store card like target or macy's and use it, etc. etc.

 

You can submit your application the moment you start living together.

 

The reasons I am suggesting you wait to submit the application is that USCIS will not like your evidence and they will request more, but you don't have more because you don't live together. You will send something, they will request more evidence. In the end, your application will get denied. If he has DACA then, he can keep using DACA. Getting married and starting to put evidence will make for a stronger case later. 

 

 

 

 

 

 

[Clarissa 0]

1 hour ago, Clarissa said:

Hello, I am a U.S citizen and recently got engaged to a guy who is not a citizen. His father had came to America from Pakistan to finish his Phd and then decided to go back to Pakistan to bring his wife and 5 kids. He ended up over staying his student visa in Pakistan. Staying out in pakistan for 40 days made him loose any legal status he had. It's now been almost 24 years my fiancé and his whole family still aren't greencard holders. All of his siblings including him are apart of the DACA program aka dreamers program. My fiancé is a working RN and is now getting a master in nursing. He is doing very well over all in life. We are planning on filing for a greed card through marriage. We are Muslim so we will do a big nikkah ceremony but we will not be living together. I am 21 and live in Pennsylvania and he is 23 living in Delaware. We cannot

 

1 hour ago, Coco8 said:

I think the fact that you don't live together will be a big problem. I totally understand you situation, but USCIS is very "old school" and they have a list of things they like to see as evidence of bona fide marriage. The evidence you provide is evidence of fiance/boyfriend, not evidence of marriage.

 

You will have to get legally married too because a religious ceremony does not count for USCIS.

 

Hopefully other people will comment here, but my recommendation is the following. Get married but hold off on the green card application. He has DACA so he is safe for the moment. While marriage but living in different cities, start collecting evidence of bona fide marriage. You will find information on VJ and people can give you ideas too: joint account that you will use, insurance policies, get a joint store card like target or macy's and use it, etc. etc.

 

You can submit your application the moment you start living together.

 

The reasons I am suggesting you wait to submit the application is that USCIS will not like your evidence and they will request more, but you don't have more because you don't live together. You will send something, they will request more evidence. In the end, your application will get denied. If he has DACA then, he can keep using DACA. Getting married and starting to put evidence will make for a stronger case later. 

 

 

Okay I see why it could possibly be denied but I read many other forums in which people said if you live in different city and states it is better of a case. I actually know some people who have got the greencard and don't live together. 

 

 

 

 

We actually will do marriage legally as well! The religious and legal way! 

[Ryan H 3,790]

Moved from K3 Process & Procedures to DACA forum.