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AOS on Long Distance Relationship

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Filed: IR-1/CR-1 Visa Country: India
Timeline

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?


CR-1 Visa Was Approved :-)

Entry Date to USA: 2/3/2011

12-10-2012 - Sent off I-751 packet visa USPS

I751 Was approved - 10 Year GC was granted

N-400 Progress

4/10/2014: Package Mailed
4/11/2014: Package Received
4/14/2014: Notice Date
x/x/2014: Biometrics appointment

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Filed: IR-1/CR-1 Visa Country: India
Timeline

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


CR-1 Visa Was Approved :-)

Entry Date to USA: 2/3/2011

12-10-2012 - Sent off I-751 packet visa USPS

I751 Was approved - 10 Year GC was granted

N-400 Progress

4/10/2014: Package Mailed
4/11/2014: Package Received
4/14/2014: Notice Date
x/x/2014: Biometrics appointment

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


~*Relationship Info In Profile And Fiance(e) Visa/Adjustment of Status/Removal Of Conditions Info In My Timeline*~

Looking for your favourite Canadian foods that you can't find in the US?

Try this site! http://www.canadianfavourites.com/

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Filed: AOS (apr) Country: Russia
Timeline

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.


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Filed: Citizen (apr) Country: Jamaica
Timeline

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.


6y2gm4.pngE1nrm4.png

01/06/10 - Got Married

AOS from F-1 visa (2 months 2 1/2 weeks or 82 days)

04/14/10 - Sent AOS Package

04/26/10 - Hardcopy NOAs Received

05/16/10 - Biometrics letter

05/19/12 - Successful Walk-in Biometrics in Dover DE

07/07/10 - Interview Appointment in Philly- July 7 @ 11:05 am APPROVED

07/19/10 - 2 YEAR Green Card received

Removal of Conditions (9 months 1 1/2 weeks or 285 days)

04/08/12 - Eligibility date

04/19/12 - Sent ROC Package

04/26/12 - Hardcopy NOAs Received

05/17/10 - Biometrics letter

05/24/12 - Successful Walk-in Biometrics in Dover DE

01/25/13 - APPROVED- ROC card production ordered

02/05/13 - 10 YEAR Green Card received

Naturalization (5 months 2 days or 155 days)

04/15/13 - Eligibility date

06/07/13 - Sent Package

06/20/13 - Hardcopy NOAs Received

06/27/12 - Successful Walk-in Biometrics in Dover DE

07/05/13 - Interview letter sent/In-line notification

08/14/13 - Interview scheduled in Philly @ 1:30 pm APPROVED

11/07/13 - Oath Ceremony

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Filed: Citizen (apr) Country: Scotland
Timeline

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.


AOS (from VWP)Application Removal of Conditions Timeline Naturalization Timeline
12/28/2009 Sent I-130,I-485,I-765 02/25/2012 Sent out I-751 via USPS to VSC 01/15/2013 Sent out N-400 via USPS to Dallas, TX
03/24/2010 AOS Interview APPROVED!!! 10/24/2012 RFE 04/03/2013 Naturalization Interview - Passed!
04/05/2010 Greencard arrived!! 01/03/2013 Approved! Card production ordered! 05/15/2013 Oath Ceremony - Kyle is a US Citizen!

***Detailed time line in my About Me page***

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Filed: K-1 Visa Country: United Kingdom
Timeline

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!

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Filed: Country: China
Timeline

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.


____________________________________________________________________________

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Filed: Other Timeline

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


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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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.


04/02/2010: AOS I-130, I-485 and I-765 mailed by UPS 2nd Day Air

04/06/2010: Delivered, Signed by Chiba (Day 1)

04/13/2010: Checks cashed, NOAs received via email and text (Day 7)

04/19/2010: Hard NOAs for I-130, I-485 and I-765 received (Day 13)

04/23/2010: Biometrics Appointment received (Day 17)

05/04/2010: RFE for I-864 received (Day 28)

05/06/2010: RFE for I-864 mailed back (Day 30)

05/12/2010: Case processing resumed (Day 36)

05/14/2010: Biometrics Appointment, I-485 and I-765 touched (Day 38)

05/17/2010: I-485 and I-765 touched (Day 41)

06/08/2010: EAD card production ordered (Day 63)

06/19/2010: EAD card received (Day 74)

07/02/2010: Interview letter received (Day 87)

08/04/2010: Interview (Day 120)==> Approved!!. Card Production Ordered text received

08/21/2010: Greencard received (Day 137)

Eligible for ROC: 05/04/2012

Eligible for Naturalization: 08/04/2013

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Filed: Other Country: Afghanistan
Timeline

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 by Sousuke

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