Living apart after marriage

[K & M 0]

Since you seem to know everything I was wondering if it is possible to live apart once you've gotten married, recieved your green card etc?

Let's assume that I was to get a job offer in California whilst my wife (the US citizen) continues to live and work in NYC. Can I then move to California and work there while she remains in NYC?

Thanks!

[GabiandVi 34]

Since you seem to know everything I was wondering if it is possible to live apart once you've gotten married, recieved your green card etc?

Let's assume that I was to get a job offer in California whilst my wife (the US citizen) continues to live and work in NYC. Can I then move to California and work there while she remains in NYC?

Thanks!

Yes, but you'll probably have some explaining to do during ROC. Just keep records of all your travels to see each other, means of communication, family trips together, etc. You should be fine.

Edited to add that 1.) I don't think you were referring to me when you suggested someone seemed to know everything 2.) I've never been through ROC, so maybe someone else can confirm what I've said, and 3.) my husband and I lived apart after marriage for work reasons and didn't even see each other for over two years BEFORE we went through AOS, and our AOS went smoothly.

Edited July 17, 2010 by GabiandVi

[K & M 0]

Yes, but you'll probably have some explaining to do during ROC. Just keep records of all your travels to see each other, means of communication, family trips together, etc. You should be fine.

Ok, great!

I work in the IT industry and it's likely that something might come up so I just wanted to make sure.

"During ROC", do you mean during the time my green card has restrictions? Could you just type out the acronym please

And, THANKS!

[JimVaPhuong 4,863]

Ok, great!

I work in the IT industry and it's likely that something might come up so I just wanted to make sure.

"During ROC", do you mean during the time my green card has restrictions? Could you just type out the acronym please

And, THANKS!

Removal Of Conditions.

Within 90 days prior to the expiration of your conditional green card you are required to file a petition requesting that the conditions be removed so that you can receive an unconditional 10 year green card. You are required to file this petition jointly with your US citizen spouse, though there are a few scenarios where you can ask for a waiver of the joint filing requirement. There is often an interview involved before the petition is approved where you will be asked to prove you still have a bona fide marital relationship. They usually want to see evidence you are living together as a married couple. If you aren't living together then you need to be prepared to offer a very good reason why, and compelling evidence that your relationship is real in spite of not living together.

[K & M 0]

Removal Of Conditions.

Within 90 days prior to the expiration of your conditional green card you are required to file a petition requesting that the conditions be removed so that you can receive an unconditional 10 year green card. You are required to file this petition jointly with your US citizen spouse, though there are a few scenarios where you can ask for a waiver of the joint filing requirement. There is often an interview involved before the petition is approved where you will be asked to prove you still have a bona fide marital relationship. They usually want to see evidence you are living together as a married couple. If you aren't living together then you need to be prepared to offer a very good reason why, and compelling evidence that your relationship is real in spite of not living together.

Gotcha, awesome answer!

I thought so.

Hopefully I'll get something in NYC but just trying to be aware of the options.

[JimVaPhuong 4,863]

Gotcha, awesome answer!

I thought so.

Hopefully I'll get something in NYC but just trying to be aware of the options.

That would be good. I'm sure you'd rather stay with your wife, and it will make things a lot simpler when it comes time to file the ROC petition.

Also, the employment picture in California is not very good right now. Unemployment is over 12%, and the tech industry in the state has been shrinking, leaving a lot of high tech workers looking for jobs. Pay rates are very good, if you can find work, but the cost of living is very high. State income tax is around 8%, and sales tax is over 10% in some counties. A 1 bedroom apartment in San Francisco can run $2000 per month or more. It's half than that or less if you live in the suburbs.

[K & M 0]

That would be good. I'm sure you'd rather stay with your wife, and it will make things a lot simpler when it comes time to file the ROC petition.

Also, the employment picture in California is not very good right now. Unemployment is over 12%, and the tech industry in the state has been shrinking, leaving a lot of high tech workers looking for jobs. Pay rates are very good, if you can find work, but the cost of living is very high. State income tax is around 8%, and sales tax is over 10% in some counties. A 1 bedroom apartment in San Francisco can run $2000 per month or more. It's half than that or less if you live in the suburbs.

You're so helpful, I really appreciate it. In fact my brother lives and works there (California) so I do have somewhat of an idea. Also the company I work for has their headquarters there which makes it easier for me to get a job. Although, as you say, I would prefer to stay with my wife. With that said I believe my wife would leave her job and come with me to Cali in case I got one. So maybe the ROC petition wouldn't be a problem after all.

If I'm not mistaken you "JimVaPhoung" are a lawyer, so is she, and she's getting tired of the hours.

Time will tell, meanwhile I want you to know that I am really grateful for your insightful answers and hints.

/M

[JimVaPhuong 4,863]

You're so helpful, I really appreciate it. In fact my brother lives and works there (California) so I do have somewhat of an idea. Also the company I work for has their headquarters there which makes it easier for me to get a job. Although, as you say, I would prefer to stay with my wife. With that said I believe my wife would leave her job and come with me to Cali in case I got one. So maybe the ROC petition wouldn't be a problem after all.

If I'm not mistaken you "JimVaPhoung" are a lawyer, so is she, and she's getting tired of the hours.

Time will tell, meanwhile I want you to know that I am really grateful for your insightful answers and hints.

/M

Nope, I'm not a lawyer. I'm just sort of obsessive about researching stuff.

[jairoshott 0]

Yes, but you'll probably have some explaining to do during ROC. Just keep records of all your travels to see each other, means of communication, family trips together, etc. You should be fine.

Edited to add that 1.) I don't think you were referring to me when you suggested someone seemed to know everything 2.) I've never been through ROC, so maybe someone else can confirm what I've said, and 3.) my husband and I lived apart after marriage for work reasons and didn't even see each other for over two years BEFORE we went through AOS, and our AOS went smoothly.

no way after 30 days you live your wife is consider fake . you guys need to have proof of mail addres , insurenses, properties, taxes, ,if you guys are gonna live apart and the end of the 2 years before your green card expire

like i said ,you need to have proof and then go to the interview with USCIS , or Homeland Security so i think you try to be smart and i n the end you gonna paid the consecuences beacouse to me that looks fake

[GabiandVi 34]

no way after 30 days you live your wife is consider fake . you guys need to have proof of mail addres , insurenses, properties, taxes, ,if you guys are gonna live apart and the end of the 2 years before your green card expire

like i said ,you need to have proof and then go to the interview with USCIS , or Homeland Security so i think you try to be smart and i n the end you gonna paid the consecuences beacouse to me that looks fake

It seems that USCIS looks at more than a checklist. Certainly eyebrows would be raised during ROC if a couple were bicoastal, and more proof would have to be offered, but real marriages that do not involve immigration are sometimes bicoastal, so I'm sure that USCIS has seen this before. A couple that is bicoastal and has lots of evidence of travel back and forth by both partners, holidays taken together, regular communication, joint bank accounts, other joint property, etc., could be more believable in the eyes of a USCIS officer than a lot of marriages where both partners are in the same apartment.

While it is not ideal for reasons that have nothing to do with USCIS and ROC, living apart for work reasons is sometimes unavoidable. In this economy, even the most rigid thinkers can recognize that a person goes where the work is, even if that means away from your wife and family.

In black and white, my marriage would look "fake" applying these criteria, but it is very real and USCIS seemed to recognize this. And we had almost no evidence other than a marriage of more than 5 years (half of that spent in different countries with no visitation,) a child, and a few pictures of each of us with one another's families including only 3 pictures of us together and none of our marriage. We had no emails, no phone records, no joint accounts, no joint property, no affidavits, etc. Of course, as I said above, we were doing AOS from a B1/2 and my husband has been approved for a 10 year greencard, so I've never done ROC, but I would imagine it would be the same.

[gbagbo 0]

Since you seem to know everything I was wondering if it is possible to live apart once you've gotten married, recieved your green card etc?

Let's assume that I was to get a job offer in California whilst my wife (the US citizen) continues to live and work in NYC. Can I then move to California and work there while she remains in NYC?

Thanks!

I would think it's not a deal breaker but if I worked for the government I would question the validity of the relationship, especially if you have family in california. I would think you just came over to be with that family member in california instead of having a real relationship with the petitioner. Maybe I'm just too romantic but I could never do that to my wife and I would hate her if she did that to me. A couple should stick together. The exception to that rule for me would be someone in the military.

[K & M 0]

I would think it's not a deal breaker but if I worked for the government I would question the validity of the relationship, especially if you have family in california. I would think you just came over to be with that family member in california instead of having a real relationship with the petitioner. Maybe I'm just too romantic but I could never do that to my wife and I would hate her if she did that to me. A couple should stick together. The exception to that rule for me would be someone in the military.

I see your point and again I'm just exploring our options.

The idea is that she would try to get a job in California if I got one there, but that might take a while as she would have to take the Cali bar etc.

Also regarding the "too romantic" part, of course we want to live together, that's why we're doing this, but we're also practical, we've managed to spend a lot of years as a couple apart in different countries on different continents.

Our love is strong enough for that, then our love is strong enough to survive the cheap and fast flights between SF and NYC. Especially if it's only for a period of time.

That's how I see it. Call me unromantic if you wish

I must thank you all, you're a great help.

[payxibka 10,045]

not a K-1 fiancee visa general discussion topic

moving thread

[justashooter 430]

living apart for work reasons is sometimes unavoidable. In this economy, even the most rigid thinkers can recognize that a person goes where the work is, even if that means away from your wife and family.

speak for yourself. i am a semi-rigid thinker and i have turned down very good offers that would have seperated me from family. most of us do, both rigid and flexible thinkers. it's just how we view "family".

[GabiandVi 34]

speak for yourself. i am a semi-rigid thinker and i have turned down very good offers that would have seperated me from family. most of us do, both rigid and flexible thinkers. it's just how we view "family".

Well, I'm sure that makes you better than people who find themselves in situations where the only other choice would be to accept unemployment insurance or other assistance, go into foreclosure or bankruptcy, or move your child in the middle of a significant school year from the frying pan (one income) to the fire (one income in an unknown area.) You are right. There's no reason why a person who values family might find themselves living apart for a few months to a few years. I wonder why K-3s, CR-1s, or IR-1s even exist. How can there be any "family" to petition for living apart from you?

I guess you'd never serve your country because you can't be a family man if you are deployed for a couple of years.