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smpro

Filing for I130/I485, spouse living apart

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Hi,

I will be applying for I-130/I-485 green card application soon. I have gathered all supporting documents and ready to submit but have an unusual scenario.

I recently got married and work in MA. My wife works in NJ and has been working there before marriage. I am on H1-B visa and she is a U.S citizen. Although we are married and have same legal residence, we commute every week to see each other as she works in NJ.

She has been looking for jobs but haven't been able to get anything in MA. As she is sponsoring me (as per I-864 form), it is difficult for her to leave work.

I have lease documents, bank statements, credit card and marriage certificate for showing evidence of joint life and faith. I want to know if there is anything else I need to attach to application forms ? I have gathered all documents but not sure how to handle this scenario.

I went through blogs and articles and many people have mentioned negative thoughts.

I would greatly appreciate for guidance.

Regards...

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Moved from IR-/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum; OP is already in the US and will be filing for AOS.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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To make it more persuasive, then move in with her. Job before spouse is not persuasive in some situation. If you are so much in love with your job, then you will choose to explain why to IO.


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

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+1 to the above...why don't you move in with her?

Spouses live together...people get married to be together...that's why it is looked upon with question marks and takes explaining.


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

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I have to respectfully disagree a bit with the previous posts. My husband currently spends almost half of the year in India, because that is where his company does their work. For the first 2 years of our relationship, we were living in different countries, visiting each other as much as we could. Neither of these scenarios was because of lack of love or lack of commitment - it was and is due to circumstances we couldn't change at that time. I would think that people on forums like these would know better than anyone else that distance between two people doesn't mean that relationships - or marriages - can't work. The OP stated his wife has been looking for jobs closer to him,but hasn't been able to find any so far. There is absolutely no reason to think that their arrangement is because someone puts a job before a marriage, it's because bills have to be paid, she has to sponsor him, and unemployment is at all time high.

Smpro - it is a negative factor, but it is not an unusual situation, or something that cannot be overcome. Provide as much proof of co-mingling of your finances, visits to see each other, anything you can think of that shows you two are in a committed marriage. You'll get a chance to explain the situation in the interview. If you can show some proof of your wife trying to relocate to where you are, even better. It's definitely a challenge, but by no means a deal breaker.


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

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I currently do not live with my wife but I have lived with her in the past so my situation is a little different from yours. If the reason is convincing, and you show evidence of a bonafide relationship (constant communication etc) I do not think you have much to worry about. If my wife was working though (as in your case,) I would be living with her. Your job is not more important than your marriage especially if she's your sponsor. Your reason is not good enough. It almost looks like you are living independent lives. If she's making enough money to support you according to I-864, you can live with her (while unemployed) and try and find a job where she is. You can't have it both ways. That is what I would do anyway.

Edited by MikeX

AOS TIMELINE (adjusting from F-1)


  • 06/24/2011 Wedding
  • 02/27/2012 Day 01 Filed AOS packet for (I-130, I-485 & I-765)
  • 02/29/2012 Day 03 Packet received @ Chicago lockbox (signed by "D Colonna")
  • 03/01/2012 Day 04 USCIS officially receives I-130 & I-765 paperwork according to their site.
  • 03/05/2012 Day 07 USCIS Acceptance (email) notification "NOA1" routed to NBC for processing.
  • 03/08/2012 Day 10 Checks cashed by USCIS.
  • 03/09/2012 Day 11 Received biometrics appointment letter; (appt. date= 03/27/2012)
  • 03/12/2012 Day 14 Hard copies (NOA1) received.
  • 03/15/2012 Day 17 RFE (requesting initial evidence) for I-485 sent (USCIS site.)
  • 03/20/2012 Day 22 RFE received (I-864 tax supporting evidence required for both petitioner + sole joint sponsor)
  • 03/27/2012 Day 29 Biometrics appointment @ local USCIS office successful. I-485 RFE responded to.
  • 04/03/2012 Day 36 USPS delivers on 3/29; USCIS officially receives RFE response (RFE Response Review)
  • 04/16/2012 Day 49 EAD approved email! Card production ordered.
  • 04/25/2012 Day 58 EAD card in hand; Get my new job on same day! smile.png
  • 04/27/2012 Day 60 USCIS mails notice for AOS interview
  • 06/01/2012 Day 95 AOS Interview (no decision)
  • 06/20/2013 Day 479 Still in limbo...waiting. sad.png (Reapplied for 2nd EAD and was approved tho)
  • 07/17/2014 Day 871 I130/I485 AOS approved.
  • 07/25/2014 Day 889 10 yr GC in hand! :)

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I appreciate everyone for expressing your concerns. I am on H1-B visa and tied to my employer. I cannot leave my job and move with her as it will revoke my status. She has been looking for jobs in MA to move here but its hard to get a job in this current economy.

Little_My : I feel that you understand my situation better and thanks for sharing your experience.

I am thinking of applying in next two weeks. If nothing works in next 2 months (AOS interview might get scheduled in 3 months) then she will leave her job and come here to stay with me. Please suggest if this sounds logical and doesn't raise any issues during AOS interview...

Btw we know each other since 7 years and started going out 2 years back. Marriage and Love is definitely prior than job but not everyone is financially stable to manage expenses and save for the future.

Thanks for sharing your thoughts...

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You should be fine. As Little_My said it is a factor to overcome but with a legitimate reason and proof of an ongoing, bonafide relationship you can overcome it.

Anyone who suggests you or she should just give up their job because money is more important has probably never experienced struggling to pay the bills. Making enough money to support someone on the I-864 does not necessarily mean one can do so on that income in reality, because those are federal guidelines and some areas have quite a high cost of living - like Massachusetts and New Jersey.


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

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Hello smpro,

Could you please share with us the outcome. I have almost the same situation where I am thinking to file these forms by living separate. The reason is that my wife (US citizen) must stay in California becuase of her school. I am working with my H1B in Kansas City and would like to keep working until my wife finishes the school and moves to KC next year summer.

Regards,

I appreciate everyone for expressing your concerns. I am on H1-B visa and tied to my employer. I cannot leave my job and move with her as it will revoke my status. She has been looking for jobs in MA to move here but its hard to get a job in this current economy.

Little_My : I feel that you understand my situation better and thanks for sharing your experience.

I am thinking of applying in next two weeks. If nothing works in next 2 months (AOS interview might get scheduled in 3 months) then she will leave her job and come here to stay with me. Please suggest if this sounds logical and doesn't raise any issues during AOS interview...

Btw we know each other since 7 years and started going out 2 years back. Marriage and Love is definitely prior than job but not everyone is financially stable to manage expenses and save for the future.

Thanks for sharing your thoughts...

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Hello smpro,

Could you please share with us the outcome. I have almost the same situation where I am thinking to file these forms by living separate. The reason is that my wife (US citizen) must stay in California becuase of her school. I am working with my H1B in Kansas City and would like to keep working until my wife finishes the school and moves to KC next year summer.

Regards,

This thread is from 2012. Smpro has not been on this site since 2012.

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