Living apart (but staying together!) during ROC

[lu&mike 0]

Hi, VJ! I'm trying to keep this as simple as possible.

My husband (USC) and I (fiancee visa, permanent resident) have lived together for the past 2 years in city A, and we were planning to move to city B a year from now. I accepted a job offer to move to city B immediately, and he is planning to follow in 6-9 months. Our plan is for me to live with his parents until he moves, and he will visit every weekend until then.

We submitted the I-751 last month, when we still lived together in city A.

My question is, besides the address change form, should we also write USCIS a letter detailing that we are living apart for now, but planning to be together in city B soon? What information should we include?

Thank you!

[ricnally 258]

So the parents live in City B, and he's going to stay at the old address until he moves to City B? If so, no need to change the address until he moves and you get your new place together, I don't think. I live apart from my USC husband for work, and I did not submit change of address. I continue to use his address as my permanent address and get all my mail there. We did ROC with no problem under this arrangement. (Although we were already living apart when we filed ROC, so I sent a letter explaining things with the application. You've already filed, though, so you can just explain at the interview--if you have one, and if they ask).

[NikLR 13,220]

The permanent resident needs (is required by law) to change their address within 10 days of moving.

[Inikamoze 86]

Hmmmmm

Depends, if on the way to city B you travel by city C stopping for a spot of lunch and continue via city D to take in the views I can see there be questions asked of you by USCIS.

[Anitafeliz 1,133]

Hmmmmm

Depends, if on the way to city B you travel by city C stopping for a spot of lunch and continue via city D to take in the views I can see there be questions asked of you by USCIS.

No one mentioned cities c or d.

And...traveling alone to eat or site seeing are not causes of concern to uscis....

Edited November 13, 2016 by Anitafeliz

[Ortolan 381]

Why on earth would visiting another city be of concern to USCIS?

[ricnally 258]

The permanent resident needs (is required by law) to change their address within 10 days of moving.

I didn't/haven't, and it wasn't a problem.

[NikLR 13,220]

I dont advocate a) not following the rules as set forth by the USCIS, or b) breaking this website tos by suggesting it regardless if an issue was had or not.

[ricnally 258]

I dont advocate a) not following the rules as set forth by the USCIS, or b) breaking this website tos by suggesting it regardless if an issue was had or not.

Didn't do either. I live in 2 places. My original home, where my husband lives, is my "residence". Apparently USCIS agrees.

[NikLR 13,220]

The ops case is different than yours then!

[ricnally 258]

The ops case is different than yours then!

I think it's quite similar actually, which is why I'm offering first-hand advice.

[Villanelle 4,121]

I think it's quite similar actually, which is why I'm offering first-hand advice.

Ok so not to nit pick but your "advice" while first hand is technically incorrect according to policy and the OPs situation. I do understand your process went smoothly and thats great. If the officer reviewing your file wanted to- they could have hassled you. But it would have been petty of them to do so... Anyway- for clarity:

You can not live in 2 places. Not according to the USCIS. You can only be in one place at a time. Literally/physically. If you push USCIS for a definition of where is it that I live they will tell you it is where you sleep and eat and your toothbrush is. It is not where you get your mail although it can be the same place. It is not where ALL your stuff is, it is where you are most nights, physically, in person, sleeping, eating, bathing etc.

For the OP (and probably you at a certain point in time) this would be the far away city where the job is. What she calls City B. Husband lives in City A. She needs to change her address to reflect she lives in city B now to be in compliance with the law. You did not change your address and they did not hassle you about it. They could have but they did not. She should NOT do the same (not change it) because you didnt and it was okay. She needs to do what is right. There is also the issue that we do not know what actual cities city A and B are. IF they are in different jurisdictions then it makes a HUGE difference when USCIS finds out and will impact who adjudicates her case. She MUST tell them.

You also disclosed the living situation to USCIS in the initial packet you submitted. You suggested to her to explain at the interview (if she has one) and if she is asked. This is wrong on a number of levels. It can be considered misrepresentation to conceal a fact from USCIS- like a change in circumstances; which one spouse moving to a new location due to a job is- during the ROC process. If they do not have all the information and make a decision and then later on find out you concealed information either by intentionally lying or omitting it (not telling them of a change is an omission) then they can revoke the decision and reopen the case.

No one wants this to happen. She needs to advise them of the change regardless of whether she has an interview or not. Because there is no way to know if she is going to have an interview and an opportunity to tell them in an interview she needs to notify them in writing. Its not a big deal. She just needs to send a letter with her info on it so it can be added to her file explaining the change in situation. Sometimes this can cause them to decide to interview them but if the local office has a heavy caseload and they sent a decent packet they may not bother calling them in. Living apart due to work is not a reason to be denied so I wouldnt worry if an interview is generated.

For the OPs question - youd want to include as much proof of the situation as you can to help avoid an interview. Proof of the job, mileage between the residences, depending on how long youve been there before sending it in proof of the relationship continuing while youre there like cell phone logs, receipts for meals for 2 on weekends paid for by each other in different locations showing you were together, credit card statements for purchases for the second home furnishings on joint accounts. Things like that. A statement from the parents saying whats going on.

[lu&mike 0]

Thank you all for your input! I feel that since I'm not going back to city A, and since I am getting mail (paychecks, etc) on city B, it would be hard to argue that I'm still residing in city A. We are going to wait until we have evidence of continued relationship, and send them a letter with that.

Thank you all again for the detailed answers! It's not ideal, but fingers crossed everything will be ok!

[e1liott 0]

Husband of OP here: thank you Demera! OP and I decided earlier this year that we wanted to move back to city B (where my family, particularly my parents are located) within the next year or two, but then two things happened:

*She received a job offer in city B she couldn't refuse
*I started an MBA program in city A that I couldn't transfer to city B. I also got a large promotion at my current job in city A that would make it infeasible for me to relocate back to city B before, say, summer-fall 2017.

For those reasons we decided to live apart, with her moving in with my parents in city B. In addition to saving money, we figured this would help us make the (true) case to USCIS that our marriage is bona-fide, which it most definitely is! My parents very much love her and are happy to have her, they even spruced up our guest room (my former bedroom) for her.

Would you recommend that in our letters we briefly discuss this in addition to flight receipts, mutual financial accounts, pictures etc?

Also would you recommend sending notarized letters from me, OP, and one of my parents?

Thank you again!

[ricnally 258]

Ok so not to nit pick but your "advice" while first hand is technically incorrect according to policy and the OPs situation. I do understand your process went smoothly and thats great. If the officer reviewing your file wanted to- they could have hassled you. But it would have been petty of them to do so... Anyway- for clarity:

You can not live in 2 places. Not according to the USCIS. You can only be in one place at a time. Literally/physically. If you push USCIS for a definition of where is it that I live they will tell you it is where you sleep and eat and your toothbrush is. It is not where you get your mail although it can be the same place. It is not where ALL your stuff is, it is where you are most nights, physically, in person, sleeping, eating, bathing etc.

For the OP (and probably you at a certain point in time) this would be the far away city where the job is. What she calls City B. Husband lives in City A. She needs to change her address to reflect she lives in city B now to be in compliance with the law. You did not change your address and they did not hassle you about it. They could have but they did not. She should NOT do the same (not change it) because you didnt and it was okay. She needs to do what is right. There is also the issue that we do not know what actual cities city A and B are. IF they are in different jurisdictions then it makes a HUGE difference when USCIS finds out and will impact who adjudicates her case. She MUST tell them.

You also disclosed the living situation to USCIS in the initial packet you submitted. You suggested to her to explain at the interview (if she has one) and if she is asked. This is wrong on a number of levels. It can be considered misrepresentation to conceal a fact from USCIS- like a change in circumstances; which one spouse moving to a new location due to a job is- during the ROC process. If they do not have all the information and make a decision and then later on find out you concealed information either by intentionally lying or omitting it (not telling them of a change is an omission) then they can revoke the decision and reopen the case.

No one wants this to happen. She needs to advise them of the change regardless of whether she has an interview or not. Because there is no way to know if she is going to have an interview and an opportunity to tell them in an interview she needs to notify them in writing. Its not a big deal. She just needs to send a letter with her info on it so it can be added to her file explaining the change in situation. Sometimes this can cause them to decide to interview them but if the local office has a heavy caseload and they sent a decent packet they may not bother calling them in. Living apart due to work is not a reason to be denied so I wouldnt worry if an interview is generated.

For the OPs question - youd want to include as much proof of the situation as you can to help avoid an interview. Proof of the job, mileage between the residences, depending on how long youve been there before sending it in proof of the relationship continuing while youre there like cell phone logs, receipts for meals for 2 on weekends paid for by each other in different locations showing you were together, credit card statements for purchases for the second home furnishings on joint accounts. Things like that. A statement from the parents saying whats going on.

I don't agree, but have it your way, y'all. You seem to feel very strongly about it.