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Michael_88

Living apart from Spouse/ROC?

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Filed: K-1 Visa Country: Canada
Timeline

Hey VJ!

I'm in a bit of a predicament. I'm from Canada and came to the U.S. on a K-1 visa summer 2015.The original plan was for my wife and I to move to California early next year in pursuit of new business ventures. We are based in New York and she works with her family but now due to unexpected work changes she is now obligated to stay here through 2016. Although I'm happy to be with my wife I have no interest in living where we currently live in N.Y. for lack of a better word it's not the best area and I'm now starting to miss Canada. I'm tempted to go home but currently waiting on my EAD. What she suggested was that I go and "set up shop" in California and she'll join me out there before spring 2017 Is that even advisable? My concern would be prior to ROC wouldn't we need proof of join assets etc to show a bonafide marriage? If she were to come out west before ROC would we be okay? of course in between are time apart we would be visiting each other. I'm so torn right now because I love her but I'm not adjusting well over here and she can see that. I just feel to go home but I've already come so far, as in submitting my application for AOS etc. Answers would be greatly appreciated! because I feel like I'm going nuts over here.

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Filed: Citizen (apr) Country: Ecuador
Timeline

*** Thread moved from the "Moving to the US" forum to the Removing Conditions forum. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Once you get your EAD and can work, things will be much better. Everyone finds the period of adjustment and not being able to work to be pretty tense. You've put in effort and money to get this far--not to mention taking the place of someone behind you in line who REALLY wants to be here. Now is not the time to cave. Man up, my friend. You will feel better in a couple of months.

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Filed: Country: Vietnam (no flag)
Timeline

Family based immigration is about family reunification. This is especially true for a married couple.

Spending over a year and a half apart will make it harder for the two of you to show a bona fide marriage. Generally, people do not move to a foreign country to live 3000 miles away from a spouse.

How would you show a joint life together? How would USCIS tells your marriage apart from a sham green card marriage where the couple moves in briefly together to fool US immigration?

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K1 can be hard on people who like go work and have some freedom of movement. I agree with both previous posters. Maybe look for a new place to move within the New York area vs across the country first.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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