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abby7788

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Hello VJers,

I need some advice regarding my not-so-unique situation. I am currently on F1-OPT and engaged to be married to my USC fiancé who is currently on active duty in the military. Before enlisting, we had planned for me to move to his city (where all of his immediate family is) after I got done with my masters program. Anyway, since enlisting, things concerning where to live and settle have become very uncertain. He has moved 3 times in the past 7 months and may be scheduled for yet another move at his 12 month mark (maybe even deployed overseas).

I am currently looking for jobs both where he is now and in the city where I graduated (NYC) and it is becoming very clear that my fiancé is currently on a base that is considered "in the middle of nowhere" and I probably will not find anything close to a suitable job there. However I am about to get a job (in NYC) that would pay me almost 2.5 times what my fiancé is making and I am wondering if it makes any sense to give this up so we can be physically together especially since it will make my AOS that much easier? Or will USCIS see any sense in me choosing to stay for work in a different state till my fiancé's knows if and where he will be deployed? My fiancé and I both do but I am a bit nervous after reading the general consensus of "married but living separately" as it relates to immigration.

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Married but living apart is a red flag but it can be overcome with good reason, which you have. Just be honest, and do what you need to do. Spouses living apart is more common with the current economy, and especially if your spouse may be deployed overseas, your logic makes sense.

Some people will say you should do whatever you have to to be together, but the reality is that's not always possible or practical.


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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Filed: H-1B Visa Country: India
Timeline

Married but living apart is a red flag but it can be overcome with good reason, which you have. Just be honest, and do what you need to do. Spouses living apart is more common with the current economy, and especially if your spouse may be deployed overseas, your logic makes sense.

Some people will say you should do whatever you have to to be together, but the reality is that's not always possible or practical.

living separately is big problem while you're dealing with USCIS.

Make sure you collect everything on earth that you're in regular touch or meeting on occasions

B-) etc.


AOS (from H1-B) Timeline:

Day1 -- 09/23/2012 - 130, 485, 765 AOS package delivered to Chicago Lockbox

Day4 -- 09/26/2012 - Emails/texts acceptance confirmation in evening :-)

Day5 -- 09/27/2012 - Checks Cached

Day12-- 10/01/2012 - Received hard copies of NOAs for I-130, I-485 and I-765

Day16-- 10/12/2012 - Received Biometrics Appointment(appointment for 10/24/2012)

Day16 - 10/12/2012 - Biometrics Walk In - Refused

Day20 - 10/16/2012 - Biometrics Walk In - Successful :)

Day33 - 10/29/2012 - EAD card Production Ordered-Pleasant surprise :)

Day37 - 11/02/2012 - EAD Card received - WoW !

Day40 - 11/05/2012 - Interview letter for Dec 4 date - The BIG Day !

Day70 - 12/04/2012 - Interview done. Pray to GOD!

Day95 - 12/28/2012 - Letter for 2nd Interview in Feb

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It can be a problem, I wouldn't say it's a big problem.

As long as you can document your relationship it can be overcome and has been overcome by people here on several occasions.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: AOS (apr) Country: Dominica
Timeline

It can be a problem, I wouldn't say it's a big problem.

As long as you can document your relationship it can be overcome and has been overcome by people here on several occasions.

I'm not sure that your living situation would pose that great of a problem. Just have proof of correspondences and other proof documenting the bonafides of your marriage. In my opinion you have great reasons to be living apart. He's in the military and doesn't really have much stability, prospective jobs are much better where you are. Ive read cases where aos have been approved while spouses were leaving apart whether for school or work. It'll be ok


Married: 24th February

Adjusting from B2 Visa

Concurrent filing I130, I485 and I765:

Day 0.... 08/06/12- Package mailed to Chicago Lockbok via FedEx ground

Day 2.... 08/08/12- Package delivered and signed for

Day 4.... 08/10/12- Received Email and text confirmation

Day 8.... 08/14/12- Check cleared

Day11... 08/17/12- I797C, NOA biometric appt received. Scheduled date 08/31/12 @ 12:00

Day16....08/22/12- Biometric appt completed.... Early walk-in less than 15 minutes

Day16....08/22/12- Received NOA hard copies in the mail for I-130, I-485, I-765

Day38....09/13/12- Received text notification for interview. Scheduled date 10/18/10

Day40....09/15/12- Received hard copy for interview. Scheduled 10/18/12 @ 12:45 Holtsville NY

Day61....10/06/12- Received text notification about EAD card production

Day66....10/11/12- Received 2nd and 3rd text notification about EAD card in production

Day67....10/12/12- Received notification card was picked up by USPS

Day70....10/15/12- Received EAD card in the mail. I'm loving it

Day72....10/17/12- Went to SS Office to apply for card

Day73....10/18/12- Interview day!!!! Approved

Day77....10/22/12- Received approval letters for I-130 and I-485. Got SS card

Day78....10/23/12- Got 2 text msgs about card production

Day79....10/24/12- Green card mailed

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Thanks everyone for the responses. Fortunately he will be able to choose (as opposed to being assigned) where he wants to go for his next posting (about a year from now). That is if he isn't deployed overseas in March 2013. The plan is for him to move to the base in my current city or for us to move to a base in another city where I can be gainfully employed.

Edited by abby7788

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