Jump to content
Sign in to follow this  
dtw45

Applying for AOS but not living together [g-325a]

12 posts in this topic

Recommended Posts

I recently got married a month ago but my spouse and I do not live together since she is a F1-visa student in NYC, NY and I am a US-citizen student in Ithaca, NY (4.5hrs away). Her program is ending in December and she does not have OPT (because she used it about a year ago for her previous program). We intend to live together after she graduates but, should we apply immediately for AOS?

Looking through the g-325a form, I was worried since she cannot list herself as living in my apartment yet until the summer. Can I post-date residence history??

If we apply, what issues will we have to address since we do not live together? I read a few other posts about the interview process that have me concerned. We have not "resided together", but we call and visit each other often. She plans to live with me during the summer when she has off. Is this enough? Would changing her permanent address to my apartment and still go to school in NYC be a good idea?

I appreciate any and all information.

Thanks.

Share this post


Link to post
Share on other sites

except the summer time, do you guys have any plan to live together permanently any time soon?

Lying and just changing address on the form would not help anything I think. Being honest is the best. I saw some couples on here on VJ that do not live together and they put the seperate address and attached the explanation I believe.


Doing good deeds shall bring happiness

09/05/2005 - Entered US with J-1

04/16/2006 - Met my husband

04/11/2007 - AOS from J-1 to B-2

07/10/2007 - Out of Status

08/26/2011 - Husband became USC through naturalization

10/12/2011 - We got married!

12/03/2011 - Sent AOS package(I-130, I-485, I-765) to Chicago Lockbox

12/05/2011 - Delivery confirmation via USPS

12/16/2011 - Received emails for I-130, I-485

12/22/2011 - Received NOA in mail for I-130, I-485 dated 12/16/2011

12/23/2011 - Received rejected I-765 due to missing signature

12/24/2011 - Received biometrics appointment on 01/09/2012 dated 12/20/2011

12/27/2011 - Reapplied I-765

12/29/2011 - I-765 has been delivered by USPS confirmation

01/04/2012 - Walk-in biometrics done

01/11/2012 - Received NOA in mail for I-765 dated 12/30/2011

02/01/2012 - Received text/email for I-765, Card/Document Production

02/06/2012 - Received EAD card in mail. YAY!

02/07/2012 - Received text/email for interview date, 03/15/2012

02/08/2012 - Received interview letter in mail

03/15/2012 - Interview at San Antonio, approved on spot and got a stamp!

03/23/2012 - Green card in hand! :^D

Share this post


Link to post
Share on other sites

I know if I was the interviewer I would find it odd.

Why would you get married when you can't live together?


July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

Share this post


Link to post
Share on other sites

I know if I was the interviewer I would find it odd.

Why would you get married when you can't live together?

Well, I love her very much and we visit each other practically every weekend. Even though she is in NYC most of the month for school, can I consider my address as her permanent address and her school address as the local address? This would be for the g-325a residential history.

Also we plan to live together after she graduates in December.

Edited by dtw45

Share this post


Link to post
Share on other sites

I have nothing helpful to add, just say wanted to say hi to a fellow Ithacan!

14850. heart.gif


03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

Share this post


Link to post
Share on other sites

IOs understand when you have a valid reason like school. You'll likely be asked about it, possibly be more heavily scrutinized but as long as you are honest you should be fine. Don't lie on anything, THAT is what would cause problems. Keep evidence of visiting each other to bring to your interview.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Share this post


Link to post
Share on other sites

I agree with ceadsearc. There are many married couples who, at one point or another, have to live apart for reasons such as studying or work. It's not that uncommon. You will most likely be asked about it, and you should prepare to have very strong evidence of a bona fide marriage at the interview, but it's not something that can't be overcome. Misrepresenting the situation in your AOS forms is the absolutely worst possible thing you could do.


Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

Share this post


Link to post
Share on other sites

most married couples living apart should be able to supply proof of an ongoing relationships, there should be stuff like travel records, telephone records, maybe hotel bookings, email records, etc, things like that facilitates an ongoing relationship, do you have any of those? in addition you should know your wife very well and likewise her, couples living apart are usually heavily scrutinized and a lot of personal questions are asked about each other


6/29/12 AOS Package mailed Chicago Lockbox

7/01/12 Package delivered

7/09/12 NOA email notification

7/14/12 Received hard copy of NOA in the mail

7/16/12 Received biometric appointment letter for 8/01/12

7/23/12 Successful walk in Biometrics

8/15/12 Received email for interview notice

8/17/12 Received interview notice in the mail

9/10/12 EAD card ordered, (didnt get email or text checked it on USCIS website)

9/18/12 EAD card received in the mail

9/18/12 Interview done, approved on the spot!

9/19/12 Got email that approval notice was mailed out on 9/18/12

9/22/12 Received Approval notice in the mail

9/24/12 Got email that greencard was sent in the mail

9/26/12 Received greencard in the mail, thank you lord!

Share this post


Link to post
Share on other sites

most married couples living apart should be able to supply proof of an ongoing relationships, there should be stuff like travel records, telephone records, maybe hotel bookings, email records, etc, things like that facilitates an ongoing relationship, do you have any of those? in addition you should know your wife very well and likewise her, couples living apart are usually heavily scrutinized and a lot of personal questions are asked about each other

Thanks likklebit. That's very comforting. I know her history very well and should be able to answer most questions about her and her about me. The only thing we don't discuss much is each other's school work. And I have lots of photos with her and plenty of email. I hope skype and google voice records are acceptable as well.

Share this post


Link to post
Share on other sites

Thanks likklebit. That's very comforting. I know her history very well and should be able to answer most questions about her and her about me. The only thing we don't discuss much is each other's school work. And I have lots of photos with her and plenty of email. I hope skype and google voice records are acceptable as well.

This is AOS in the US, not fiancee/spouse overseas visa, you need to prove an on-going bona fide marriage with co-mingling proofs, not daily messenger for peoples, who are half the world far from each other. It will not be persuasive in IO point of view. IO is trained to find out abnormal things in an immigration matter so you will need to be able to do more than just answering her history. Good luck.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

Share this post


Link to post
Share on other sites

This is AOS in the US, not fiancee/spouse overseas visa, you need to prove an on-going bona fide marriage with co-mingling proofs, not daily messenger for peoples, who are half the world far from each other. It will not be persuasive in IO point of view. IO is trained to find out abnormal things in an immigration matter so you will need to be able to do more than just answering her history. Good luck.

I appreciate the advice. At the moment I am in the process of adding her to my lease and setting up a joint bank account. I also have lots of photos of us together. We've also traveled together to China to visit her family and taken a cruise to the Bahamas. And we can get affidavits from many friends and family.

Are there any other co-mingling proofs you would suggest? I've been reading the tips on this marriage visa blog.

Edited by dtw45

Share this post


Link to post
Share on other sites

Bills, insurances, tax return, credit cards... are some samples of good proofs.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×