Living Separately (Temporarily) During First 2 Years of Conditional Residency

[MrsAzzi 1]

Hello all,

My husband recently immigrated to the US a little over a month ago on the CR-1 visa. He is a conditional resident for the next 2 years. He is currently looking for jobs and we have some decisions to make regarding relocation. I'm thinking ahead to 2 years from now when we file the Form I-751 to remove his conditions and renew his green card and I have a few questions. Our marriage was entered into on good faith and we have a legitimate relationship. We plan to file the Form I-751 jointly when that time comes.

Right now, he is having a hard time finding the specific job he would like to have in the area that we live in. He comes from a very large city and was working on large commercial projects. He really wants to continue to grow his career in the States but feels that our community is very limiting to his work and will not allow him to grow his career in the ways he wants to. He has not had any promising job leads or offers from our area either. However, he has received many job prospects and offers out of state and in larger cities. We are at a point where we are deciding what to do. I have a very promising job and career with my current employer and I am willing to relocate for his career, but the timing is not right at the moment. We are considering that he takes a job and moves while I stay behind until the time is right for me to move with him.

The closest job offer he has received is 2 hours away so we would spend the weekdays apart and the weekends together until I can make the move to be with him permanently. We really don't want either one of us to spend 4 hours of our day driving round-trip to and from work.

I understand that when filing to remove conditions, we have to provide evidence of our relationship including joint occupancy. How does a situation like ours work in this case? Is it permissible to live separately temporarily? If so, what amount of time is considered too long to be apart from each other for USCIS purposes? Is joint occupancy a major factor in proving our relationship or does other evidence like insurance policies that show us each as the beneficiary for each other, etc. help provide sufficient proof?

Thanks in advance for your guidance!

[Georgia16 2,858]

I don't think it looks good. You brought him here so you could be together but yet your move apart then he could have stayed in home country and waited those extra 2 years. Also your seperation is voluntarily ... (See it from USCIS eyes)

[A'n'L 735]

I really relate to your situation, but it is a difficult one. Living apart will certainly be scrutinized, so how solid is your case otherwise?

Do you (plan to) own property together?

Do you have a specific plan for when/how the separation will end?

How long had you been together before you married/applied for the CR1? Had he applied for any other visas (DV, work, etc)?

Just a few questions from the top of my head.

Edited October 4, 2016 by A'n'L

[Boiler 45,647]

I used to do a long commute, many do.

[Jojo92122 1,924]

For Americans, it is very strange that you would bring your husband to the US to live apart. To many people, this could be a sign of a fake marriage for a green card. Insurance listing each other as beneficiary can be done by fakers as well as real marriages. Fakers don't live together, they often live apart. Hope you can see why living apart is not a good idea.

[Ontarkie 14,263]

There are many threads on here with couples doing exactly what you are thinking. They had their 10 yr cards approved.

You need to keep a very good paper trail. They will ask about it but you explain exactly like you did here. In this economy it's not unheard of couples living apart for a time due to work, even with new immigrants.

Make sure you are on the lease at the work apartment and he is on the main place. Keep car insurance in both names, get as much proof as you can like the share bank accounts with both of you using it. Make sure he uses his card for gas or shopping when he's home on the weekends and you use yours when you go to see him. (paper trail) Things that put the two of you in the same place. Be on the bill in both places.

[almost_umrican 54]

Our situation was identical to yours. same distance, same reason for the move. i was the beneficiary and now a proud american.our process went timely and smooth. the proofs that goes along with 751 are pretty much the same. the distance in such a situation is a non issue especially when the relationship is genuine.send new pics, new taxes,co mingled finances,assets and some more affidavits(although regarded poor piece of evidence). you guys will be okay. by the way my local office was des moines as well and that is where i was interviewed for N400. good luck to you guys.

[squareleg 69]

Maintain paper trail. Should not be an issue. Make sure that both of you are listed on either properties or rentals and on all the bills. Good luck.

[Sukie 1,464]

And, when it comes time to apply for the I-751, be sure that your cover letter explains up front what has happened to you - job-wise. Keep records like crazy. Put together a timeline that shows that he arrived on x date, looked for work locally, and accepted a job on y date. Do as much together as you can.

You will be OK. You just have to be very detailed in your paperwork.

Best of luck!

Sukie in NY

[squareleg 69]

I used to do a long commute, many do.

No need to have two plus hours of commute. You can maintain two residences with appropriate paper trail to evidence that you are legit married couple.

[shorouq123 20]

the situation might be a cause of concern for the USCIS and may not look good but if you have to do it, try and get legal advice from a lawyer on the situation. It'd be wise to collect as much evidence as possible. For example, some proof of him not finding the job he needs, the reason you can not relocate, proof of your meetings and staying together on weekends, letters from family and friends, lots of pictures, joint bills... etc and hopefully it'd work out.

Of course this is just my opinion... I do think it might be best if you two can find a solution and be able to live together. good luck!

[N-o-l-a 7,168]

I don't think it looks good. You brought him here so you could be together but yet your move apart then he could have stayed in home country and waited those extra 2 years. Also your seperation is voluntarily ... (See it from USCIS eyes)

USCIS is actually fairly reasonable about these types of cases. My husband has worked in the past for a company that had him away for 4 days straight out of every week. That is not at all an uncommon situation in the trades. He'd do it year round if he lost his current job for the money, it is about 40% more than he makes when he stays local.

OP, there have definitely been cases approved like that on the forum. Don't fret!

[ricnally 258]

My husband and I have lived 2 1/2 hours apart for work reasons, since 6 months after we were married. We were able to remove conditions, no problem. We included a letter detailing our reasons for living apart, and even said we might not live together until we retire (at least 10 years from now). Our careers are extremely location-specific, though.

Edited October 5, 2016 by ricnally

[Warren and Vivian 10]

Could compromise on the commute. His job is 2 hours from your current residence. How about getting a place that is in the middle, 1 hour from either job. No need to pay for 2 residences, saves money, etc.

[mindthegap 2,590]

Please, for heavens sake don't put your/your spouses life/career on hold or turn down a job JUST because you think it will please USCIS - they really don't care, as I am finding out for myself.

Life changes, circumstances can and do change, and often dictate that you do what is necessary,

Keep a paper trail as best you can, and when the time arises, give an honest explanation as to the circumstances.

Modern marriage no longer means ask her father for permission, marry in a church, live together, sleep in the same bed every single nite, do a 9-5, have 2.4 children, pick up from soccer practice every thursday (in the minivan, natch), 1 dog, 1 cat, sex every friday nite, and church on sunday morning.

There are a multitude of ways of being in a genuine, loving and legitimate relationship without physically being together 365 days of the year, and if it is what you have to do, then so be it. Find the solution that works for you.

Edited October 5, 2016 by mindthegap