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Seperated awhile but back and filing jointly

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My saga is that I was separated from my USC spouse for 3 months, a month before filing we got back and now stay together again. I had changed my mailing addresses at DMV , credit cards, banks etc from my spouse's during seperation. This is refelected in my credit reports and other places.

Now my quandary is should i list this address on my 751 ? I ofcourse do not have any joint documentation of our joint stay and it may make it evident that we were seperated at this time. Needless to ask if this will make a difference in the 751 as it mostly likely may and we may be called for an interview.

Would appreciate any thoughts and strategy to approach this situation

Thanks

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My saga is that I was separated from my USC spouse for 3 months, a month before filing we got back and now stay together again. I had changed my mailing addresses at DMV , credit cards, banks etc from my spouse's during seperation. This is refelected in my credit reports and other places.

Now my quandary is should i list this address on my 751 ? I ofcourse do not have any joint documentation of our joint stay and it may make it evident that we were seperated at this time. Needless to ask if this will make a difference in the 751 as it mostly likely may and we may be called for an interview.

Would appreciate any thoughts and strategy to approach this situation

Thanks

It is hard to guide you. It is always good to be truthful but you can always say that those 3 months in a different address is due to some job need or ...... Bottom line try not to project that you were separated for 3 months, if possible.


USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

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This is a question of outright lying vs. simply lying by omission. The I-751 form requires you to submit a list of all your address since conditional residency was issued. I would say that if you hadn't moved any of your bills, etc, then omit. As you registered the change in address with government agencies, you should include it.

As Navyk says, you could say you moved for work or some other reason, but that would be an example of the outright lying. Lying to the USCIS is a big deal - if they find out, it could cause you more aggro than if you had just been honest in the first place. This is just my opinion of course.

Also my opinion, but I would say that if you can provide plenty of strong evidence of a bonafide marriage both before and after the trial separation then just tell the truth. It happens. USCIS also cannot deny you on the basis of (non-legal) separation alone. Here is a link to the memo pertaining to this (I have been going through similar issues and had asked a similar question):

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_%20Prior_Termination_3apr09.pdf

Definitely make sure you send as much evidence as you possibly can and a note explaining your 3-month hiatus living somewhere else. Joint tax returns are big winners, and in this case I would say affidavits from friends, family, etc, who can attest to your genuine marriage throughout the years, would be very helpful also. Worse case scenario you will go to interview and can tell your story. Just because you've had some troubles doesn't make it not a genuine marriage.

Best of luck!


Jess
Forewarned is forearmed


See my Timeline for previous USCIS applications

Lifting Conditions
2/20/2013: Filed
2/25/2013: NOA1

7/5/2013: RFE

8/23/2013: Approved

8/31/2013: GC received

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