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rurub

Not live together, petition possible?

By rurub in Adjustment of Status from Work, Student, & Tourist Visas

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rurub Apprentice

rurub   0

Posted
Filed: AOS (apr) Timeline
Posted

I am doing the paper for myself and petitioning through my husband. I am ready to send out the whole I-130 and I-485 package. But suddenly, a question pop out from my head.

I have attended school in NJ since 2008, we met each other there and started to date at school early 2009. He's moved to VA to work at end of 2010 till now. We did all the commuting to see each other almost every weekend since then. I am still at school till this summer and move to his current VA address. We just got registered recently,and plan to have a wedding reception in this October. My question is we have never lived together. Will be a big red flag for my case?

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Little_My Proficient

Little_My   463

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted (edited)

It will be a red flag, but it's not something that cannot be overcome. Be prepared to show ample and strong proof of bonafide marriage and relationship preferably spanning all the way to 2009, save your tickets from when you go and see each other, and if there is any way to show proof of you planning to relocate to VA once you have graduated, include that. Maybe even send a few big packages of your stuff there now, and obtain proof of that. Livign apart because of school and/or work is pretty common. Still, it is considered to be a red flag if a couple who is married has never lived together. Dot your Is and cross your Ts.

Edited by Little_My

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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rurub Apprentice

rurub   0

Posted
Filed: AOS (apr) Timeline
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It will be a red flag, but it's not something that cannot be overcome. Be prepared to show ample and strong proof of bonafide marriage and relationship preferably spanning all the way to 2009, save your tickets from when you go and see each other, and if there is any way to show proof of you planning to relocate to VA once you have graduated, include that. Maybe even send a few big packages of your stuff there now, and obtain proof of that. Livign apart because of school and/or work is pretty common. Still, it is considered to be a red flag if a couple who is married has never lived together. Dot your Is and cross your Ts.

We have shared health,car insurance card, and shared car ownership. i will send a few pics too. About those travel receipts and other memory support, can I just show during the interview? At least i will give a chance to meet the immigration office, right?

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ceadsearc Proficient

ceadsearc   515

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

We have shared health,car insurance card, and shared car ownership. i will send a few pics too. About those travel receipts and other memory support, can I just show during the interview? At least i will give a chance to meet the immigration office, right?

If you are adjusting from any visa other than a K-1 or K-3 you will definitely have an interview and definitely have a chance to explain. Just be prepared for a lot of questions, but as Little_My said with a valid reason it can be overcome.

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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