filing when not living together

[cb2010 0]

Hi

I am on an H1b in IL while my wife is a united states citizen working for the federal govt in DC. We met in school and dated for 3 years before we got married recently. We are doing a concurrent filing of the i 130/i 485 and were concerned with our situation not living together. I was wondering if anyone has been in a similar scenario and can get some advice on the documents needed and advice for the interview.

Thanks

[zooch76 9]

There's been a few people in this forum with a similar situation. Yes, your living apart will probably raise some suspicions with the USCIS however, spouses having to live apart due to work is not that uncommon. Just be prepared to explain your situation and have rock-solid evidence to support the legitimacy of your case. Don't be afraid to let them know that once you receive your EAD you will actively be looking for employment near your wife but until then you are tied to your H1B employer. They know the economy is tough right now and desperate times call for desperate measures when it comes to finding work.

Make sure you are consistent with the address you use when you file to reduce the chances of things getting lost and/or confusion. Also, keep in mind that your location for biometrics and your interview will depend on the address you use - make sure you will be able to attend your biometrics and that you both will be able to attend the interview.

[cb2010 0]

There's been a few people in this forum with a similar situation. Yes, your living apart will probably raise some suspicions with the USCIS however, spouses having to live apart due to work is not that uncommon. Just be prepared to explain your situation and have rock-solid evidence to support the legitimacy of your case. Don't be afraid to let them know that once you receive your EAD you will actively be looking for employment near your wife but until then you are tied to your H1B employer. They know the economy is tough right now and desperate times call for desperate measures when it comes to finding work.

Make sure you are consistent with the address you use when you file to reduce the chances of things getting lost and/or confusion. Also, keep in mind that your location for biometrics and your interview will depend on the address you use - make sure you will be able to attend your biometrics and that you both will be able to attend the interview.

What kind of evidence do you recommend. We have joint checking accounts whose statements we receive in IL and a joint credit card whose statements we receive in DC. We also have transcripts from when we went to school together.

[zooch76 9]

Joint bank statements, joint cc statements, photos of you together over the past 3 years, photos of you with her family, photos of her with your family, sworn statements from friends & family that you are indeed a happily married couple, etc. The usual supporting documents still apply, just make sure you have them all. And be sure you know everything about each other for the interview too. Also, did you live together ever?

As I mentioned, married couples living apart is not all that uncommon, especially in this economy and since you are tied to a specific employer. Just be prepared to explain your situation in detail.

[cb2010 0]

Joint bank statements, joint cc statements, photos of you together over the past 3 years, photos of you with her family, photos of her with your family, sworn statements from friends & family that you are indeed a happily married couple, etc. The usual supporting documents still apply, just make sure you have them all. And be sure you know everything about each other for the interview too. Also, did you live together ever?

As I mentioned, married couples living apart is not all that uncommon, especially in this economy and since you are tied to a specific employer. Just be prepared to explain your situation in detail.

I guess we can get all of that, except for photos of us with my family , they have not visited us in the US (her family was at the wedding but not mine). We have never "lived together" even though we have known each other for 3 years.

[G-Hands 1]

I guess we can get all of that, except for photos of us with my family , they have not visited us in the US (her family was at the wedding but not mine). We have never "lived together" even though we have known each other for 3 years.

Make sure u have your Plane tickets printed out (showing both of you travelling to visit each other), does she visit during the Holidays? (Thanksgiving, Xmass, e.t.c) Gift receipts, Joint bank statements (active account showing withdrawals/deposits in both cities), credit/Debit cards, copy of check book in both names, Auto Insurance. Life Insurance, Health Insurance, Lots of pictures, Gym membership cards (Family Pack), old love letters , Utility bills....

I was in your shoes (Wifey attends an out-of state college) making me a holidays and a few weekends husband ....So you can see how prepared i was.

They are trained to know a genuine marriage.

Goodluck