AOS on Long Distance Relationship

[bobby_kvisa 7]

My friend is a US Citizen who recently got engaged to her foreign fiance. Her foreign fiance is on a School Visa at some university in New Jersey and is still working on his Masters degree.

They have a long distance relationship, the US Citizen lives in Houston and he goes to school in New Jersey.

They want to get married here in the USA and file for an Adjustment of Status but they have heard through the "grapevine" that one obstacle for them would be the question of distance. Apparently they feel they will be scrutinized somewhat because they do not live together, and so it will make the approval process difficult.

Is there any truth to this - and if so, what can they do as part of their application to overcome this obstacle?

[bobby_kvisa 7]

Can someone please move this thread to the other AOS forum, it is better suited there

[Rhiannercakes 14]

~*Moved from Adjustment of Status (Green Card) from Family Based Visas to Adjustment of Status from Work, Student, & Tourist Visas*~

[baron555 934]

My friend is a US Citizen who recently got engaged to her foreign fiance. Her foreign fiance is on a School Visa at some university in New Jersey and is still working on his Masters degree.

They have a long distance relationship, the US Citizen lives in Houston and he goes to school in New Jersey.

They want to get married here in the USA and file for an Adjustment of Status but they have heard through the "grapevine" that one obstacle for them would be the question of distance. Apparently they feel they will be scrutinized somewhat because they do not live together, and so it will make the approval process difficult.

Is there any truth to this - and if so, what can they do as part of their application to overcome this obstacle?

AOS is only available to a foreign national, legally allowed to be in this country, who is married to the USC. Sicne they are not married, AOS is not an option now. Once they are married, they will have to provide proof of a valid and real relationship and marriage to the AOS interviewing officer. Most married couples spend some time togerther; since they are not together now and maybe don't have plans to be together in the near future, how do you proposed they can prove the relationship is real and forever and valid and not just for conviencence?

Just from your description it doesn't sound like they want to be together since school is the higher priority. Noting wrong with that but AOS is only for married couples not schooling buddies.

[besaangel 17]

Let me add a bit of advice also, the above post is spot on. They need to start making preparations for one of them to move close to or to live with the other. If they intend to get married and file AOS in the current situation, then yes they will be faced with hardship in proving the marriage is real.

I recently read a similar scenario however, the couple lived about 30 mins from each other because the husband was doing his masters or doctorate (cant remember) but it was ok because the lease was under both names, it was obvious that the commute was easy to make and they could see each other at least twice a week given his schedule. Your friends' situation is way more complicated and quite erronuous to believe that they can visit each other so frequent.

They will need prove of their 'dating' period also and unless they visit a lot, call a lot, text a lot, buy major things together, then they seriously need to evaluate their priorities in regards to the AOS. Hope they work it out soon before they file or they will be faced with a lot of problems in proving a bonafide relationship.

[Laura & Kyle 16]

I think awhile back there have been similar situations to this posted on the forum. They were successful with their AOS because they showed reason why they were separated (schooling), but also built up a thorough case of visits together, wedding evidence, and affidavits from both sides showing that they were in love and had spent time together. I don't know how much/often your friend has visited her fiancé and if they truly have spent time together and continue to do so. Even if they were long distance, they could be married and be on joint accounts, etc. Lots of different circumstances we don't know about.

[sammills89 2]

You should look into the home residency law, I'm not sure if it's applicable here but it would mean that the foreign fiancé would have to return to her country of citizenship for a year. I may be wrong, but it's probably worth checking up on. Good luck!

[justashooter 430]

sounds like your friend is being used for a green card by a guy who's student status is about to expire. this is how USCIS will likely see the situation.

tell your friend to get realistic about things and find a local guy who really cares about her. online long distance relationships are not marriages, even if officialised and consumated. they are flings of fantasy.

[Brother Hesekiel 2,235]

I pretty much agree with the Baron, the Angel, and the Shooter on this one.

[Nartaki 7]

Your friend will need significant proof of a bonafide marriage, and I would suggest them getting as much evidence as possible before they even apply for AOS.

I dont understand why a couple would need to live far apart from each other even after marriage. Can your USC friend move to NJ and perhaps live with her fiance or the fiance transfer to a college in Houston? Evidence for bonafide marriage includes official records that show the same address such as a joint lease or an affidavit about the living arrangement, joint financial records, joint insurance, joint ownership of property such as a car or a laptop or birth of children of the couple. Online chat records, phone records etc cannot prove a bonafide marriage.

If this is not feasible, I would suggest consular processing instead of AOS. He might have a better chance of getting a greencard from the US consulate in his native country. The requirements for a bonafide marriage in consular processing are less stringent to that of AOS.

[Usui Takumi 1,562]

My friend is a US Citizen who recently got engaged to her foreign fiance. Her foreign fiance is on a School Visa at some university in New Jersey and is still working on his Masters degree.

They have a long distance relationship, the US Citizen lives in Houston and he goes to school in New Jersey.

They want to get married here in the USA and file for an Adjustment of Status but they have heard through the "grapevine" that one obstacle for them would be the question of distance. Apparently they feel they will be scrutinized somewhat because they do not live together, and so it will make the approval process difficult.

Is there any truth to this - and if so, what can they do as part of their application to overcome this obstacle?

It is possible to overcome with the right evidence, but I would seriously consider working towards establishing a residence together before filing AOS. Either she moves to NJ or they wait until his degree is wrapping up.

Since its a long distance relationship anyway there should be a need to "rush" things as long as its filed before the student visa expires (or evenly slightly afterword really).

Edited April 7, 2010 by Sousuke