Complex situation about removal of conditions (merged threads)

[sumisola 0]

Description of my case:

I met my wife a year ago. She is a US citizen. We fell in love fast and we get married at the same month. However, she was studying her M.S degree at WA. I have a job at NY. During this year, although I frequently flew to see her like once a month, we didn't actually live together after we married. But recently I get my case approved and got my green card. But life is not that simple.

My wife told me recently that she will go to work in Europe after her graduation at May 2016. So it's like half year later. And she wanted me to quit my job, which I think it is important to me, and follow her to Europe. I don't want to do that and we can't come down with a decision. I'm afraid we finally will lead to divorce.

So my questions are:

1. Supposed our marriage really end up with a bad result, is it the fact that we haven't lived together since we got married, will badly effect my removal of my condition of my green card?

2. Should I quit my current job and move to WA to live with my wife to support the proof of good faith, in order to support my removal of condition?

3.In the eyes of the immigration director, when he/she considering approval of removal condition, which factor he/she think is more important: to live together without a job, or have a job without living together.

Looking forward of any answer.

[Georgia16 2,858]

Description of my case:

I met my wife a year ago. She is a US citizen. We fell in love fast and we get married at the same month. However, she was studying her M.S degree at WA. I have a job at NY. During this year, although I frequently flew to see her like once a month, we didn't actually live together after we married. But recently I get my case approved and got my green card. But life is not that simple.

My wife told me recently that she will go to work in Europe after her graduation at May 2016. So it's like half year later. And she wanted me to quit my job, which I think it is important to me, and follow her to Europe. I don't want to do that and we can't come down with a decision. I'm afraid we finally will lead to divorce.

So my questions are:

1. Supposed our marriage really end up with a bad result, is it the fact that we haven't lived together since we got married, will badly effect my removal of my condition of my green card?

2. Should I quit my current job and move to WA to live with my wife to support the proof of good faith, in order to support my removal of condition?

3.In the eyes of the immigration director, when he/she considering approval of removal condition, which factor he/she think is more important: to live together without a job, or have a job without living together.

Looking forward of any answer.

Well if you are willing to quit your job to move to WA just for proof then why don't you quit to go with her to EU?

Seems odd to me for somebody in love to think that way. But yes I do believe you'll have a very had time for ROC and you have a while before ROC unless you are going for ROC after divorce and only want to move to her just so you have better chances of staying?

[sumisola 0]

How long does your wife plan on working in Europe? Few months? Indefinitely?

She plans to work and live there for few years. Anyway a long time.

[Penguin_ie 5,994]

***** Moving from AOS to ROC as this is the part of the process Op is asking about *****

[Pitaya 2,577]

~Duplicate topics merged~

~Please refrain from multiple posting of same topic~

Pitaya

VJ Moderation

[merc0230 28]

Well if you are willing to quit your job to move to WA just for proof then why don't you quit to go with her to EU?

Seems odd to me for somebody in love to think that way. But yes I do believe you'll have a very had time for ROC and you have a while before ROC unless you are going for ROC after divorce and only want to move to her just so you have better chances of staying?

Just offering an opinion here, but I agree with Georgia16. If you are willing to quit your job and move to WA, why not quit your job and move to the EU? As it would appear as if your job isn't important as your first statement.

That being said, I believe USCIS would care more about you living together than whether or not you had a job.

[IcezMan_IcezLady 582]

based on the info you have given, it cast shadow on how genuine your marriage is. you get married and live apart because your job is more important to you than the marriage itself.

Your immigration status is based on your marriage. So if I were you, I would consider what is most important. You can't have it both ways.

You will need to prove bona fide marriage . You will need to prove you married for love not to be able to stay here legally.

I doubt you two have comingled finances.

You are willing to move to WA now that she is moving to EU. That will strike anybody as a last minute ditch effort to save your status.

Edited January 7, 2016 by Ayisi&Phyllis

[Arrow 25]

like others said cannot have everything have to lose something to have something.

Edited January 7, 2016 by Arrow

[Ebunoluwa 6,136]

Classic example of rushing into marriage without discussing the basic questions of where will we live and for how long and do we agree ?

I would not like it either if my spouse woke up one morning saying I am going to Europe, quit your job and follow me. Hogwash.
These things need to be discussed and mutually agreed upon.

Yes, you will have a hard time with ROC living apart and yes, it would be easier with a divorce waiver if you can proof a genuine marriage existed.

How to even proof that with no co mingled financial and other evidence ? What evidence do you have ?

You two need to have a serious discussion of where, when, what. People living together and having a lot of solid evidence still get delayed/denied

this is nothing to play around with.

Good luck and whatever your priorities are, you better sort it out soon because straddling the fence won't cut it.

[Hypnos 6,576]

It doesn't sound as if you have a bona fide marriage.

[oceanborn 33]

It doesn't sound as if you have a bona fide marriage.

This. It really, really doesn't.

[Amhara 460]

This is solely my opinion (which doesn't mean all that much), but you may be able to overcome living apart. Many couples do in certain situations. There are times a husband works away from the home extended weeks or months at a time. I do think your situation will be questioned on if your marriage is legitimate. If I were the officer, I would want to know:

• What is your country of origin? (This could matter and explain or not explain why you don't want to move to Europe)
• What other countries have you been to? (Are you well traveled or less exposed to the world?)
• How did you come to be in the US? (Could you have remained in US without the marriage?)
• How did you two meet?
• What attracted you two to each other?
• Was she residing in a different state when you met?
• What plans did you two have after she graduated?
• How much longer did she have before she completed her education?
• What sort of job do you have?
• Have you searched for similar jobs in WA?
• Are you able to do that job in Europe?
• Why did your wife decide to live in Europe without taking you? (Why is her working in Europe more important than your marriage - according to what she told you?)
• What sort of finances do you two have together?
• How often did you two talk?
• Did she ever visit you in NY?
• When you arrived in WA to visit her, would she pick you up from the airport?
• How long were your visits? (Then perhaps ask questions to see if you were there during times when she had final exams.)
• Do you know anyone else in WA besides your wife?

I don't think quitting your job now and moving over there is an act of good faith nor would support the assertion that the marriage was on good faith. Either you do it to save your marriage or you don't do it. I feel like they may ask questions along these lines to see if you really did have good faith and how legitimate the marriage was.

If you do quit and go to WA, then as others have mentioned, the officer may wonder why you would not be willing to move to Europe too. They may also wonder why she would move to Europe before you attained US citizenship. (I don't think I can think of a situation where I would need to leave my husband behind and I accept that. I would wait for him to get citizenship, then we could move without having to hassle with USCIS again!) It's strange that she seems to want to leave before you are in order - it seems like she lacks concern for her other half.

Your third question "In the eyes of the immigration director, when he/she considering approval of removal condition, which factor he/she think is more important: to live together without a job, or have a job without living together." is a bit misplaced. It really depends on the situation, and they may try to determine why you need to work in NY. Is your job high-ranking and hard to obtain elsewhere? Was your wife planning to move to NY after graduation? The officer isn't going to be deciding who should and should not be working - that decision is between you and your wife. The officer will be looking for the motivation. At the end of the day, your actions will tell of your motivation. You may have a legitimate reason for living apart, but the facts will determine if there is an appearance of good faith or if there is any other reason for this marriage. Any answers that you give that conflict with what actually happened or what you provided/said earlier, are going to be more important to their final decision.

[Harmonia 211]

If you move outside of the US, you lose your green card. You can't be outside more than 6 months of the year. The purpose of a green card is permanent residency, meaning you permanently reside in the US.

If you get divorced, I would think your wife moving out of the country could be a plus for you during ROC with a divorce waiver. But I suggest you contact a lawyer. This is an odd situation. You haven't been together very long at all.

Edited January 7, 2016 by Harmonia

[Amhara 460]

A US LPR can get naturalization faster if their spouse leaves the US on assignment working for the US government or a UN affiliate. If the OP's wife isn't planning to work for one of these specific agencies, then him leaving the country could jeopardize the GC status. If she just wanted to up and move to Europe without her husband, that might be a reason for divorce/separation during ROC, but the living apart raises an additional issue. I agree - a consultation with an immigration lawyer may prove valuable.