File I-751 when not living together

[penguinsilly 0]

Hi, my husband and I got married and I received my conditional green card earlier this year. We are graduating together from graduate school next year, and for job purposes, we may have to live in separate cities for one year afterwards (starting next year), which means by the time the two-year deadline for i-751 comes, we may be living in separate cities. However, we will be in the same city after that year. If everything else go well, would this affect our application for i-751? Thanks so much in advance for your reply.

[lost_at_sea 995]

It may. You'll have to give good evidence for you living apart, as not cohabiting could be seen as something of a red-flag.

Remember, RoC is essentially a re-test of the genuine nature of your relationship.

Maybe have a look at the evidence you will be able to produce then, to see if that looks solid? Active, joint bank accounts, life insurance policies/wills (with each other as beneficiaries), joint tax returns etc.

If you can evidence the necessity of you living apart temporarily (and if you can somehow show it's temporary and when and how you intend to live together again) then that would be good.

Also, see point 2 of evidence of relationship in the instructions - shared abode is an obvious thing they'd like to see: http://www.uscis.gov/files/form/i-751instr.pdf

Edited July 12, 2013 by lost_at_sea

[penguinsilly 0]

Thank you so much lost-at-sea. This is very helpful.

[leash5 3]

My opinion is that you should be fine provided that you have all the joint evidence they like: bank accounts, credit card(s), joint taxes, health and life insurance, maybe put both your names on a car if you have one... Maybe you are on the same lease this year? You'll need affidavits and lots of pictures, tickets from visiting each other on weekends or holidays when you are separated. It's not unheard of for people to live apart for jobs, I know a couple of professors who do, and people in med school sometimes do residencies at different places. Any proof you could provide of why it is necessary but temporary, would help too. Good luck!