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naija_glam

Filing i751 and living apart from spouse

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Filed: K-1 Visa Country: Nigeria
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I've read some older threads of couples filing while living apart from spouse but nothing recent. Especially during the pandemic. We are filing to remove conditions from my husband's greencard. He is a physican but needs to complete a U.S. medical residency to practice in America. He left last month to start residency. We've been married and living together since his arrival in 2018 prior to him leaving. I am unable to move with him for multiple reasons. Work, school (which work helps pay for), and I am caring for my mother who is ill. His residency is 3 years and he will return once he's done. We got an attorney who recommended making a statement explaining our situation which we've done. 

 

We did not mention that I am in school and work is paying for it. Would it be helpful to add that I'm in school? Also we closed on a house last month but my husband was unable to sign closing papers because he had already left for residency. The closing company stated that he had to sign the documents in person to be on the loan so we couldn't have him on there. He is listed on home owners insurance and utilities for the new home. We have proof of bonafide marriage prior to his temporary relocation (lease agreement, utilities, bank statements, taxes, credit cards, etc). Are there any other couples filing i751 at this time who are living apart? Thank you.

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Filed: IR-1/CR-1 Visa Country: Haiti
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You stated that your husband left to complete a U.S. medical residency. Where is that residency?

Also, did your husband sign the I-751 form before leaving?

 

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Filed: K-1 Visa Country: Nigeria
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1 hour ago, jakelake said:

You stated that your husband left to complete a U.S. medical residency. Where is that residency?

Also, did your husband sign the I-751 form before leaving?

 

jakelake,, he's doing his residency in West Virginia. He signed the form before leaving but we haven't submitted it yet.

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3 hours ago, naija_glam said:

jakelake,, he's doing his residency in West Virginia. He signed the form before leaving but we haven't submitted it yet.

I think you will be fine since there are other proof of bonafide marriage. With the slow rate of USCIS now, he might even finish his residency program before the interview if you are scheduled for one. My advice is cover letter explaining his medical residency (it's tough to get a placement) and physical absent from your current home. Your school as your work place is also good though.

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On 8/8/2020 at 10:22 PM, naija_glam said:

I've read some older threads of couples filing while living apart from spouse but nothing recent. Especially during the pandemic. We are filing to remove conditions from my husband's greencard. He is a physican but needs to complete a U.S. medical residency to practice in America. He left last month to start residency. We've been married and living together since his arrival in 2018 prior to him leaving. I am unable to move with him for multiple reasons. Work, school (which work helps pay for), and I am caring for my mother who is ill. His residency is 3 years and he will return once he's done. We got an attorney who recommended making a statement explaining our situation which we've done. 

 

We did not mention that I am in school and work is paying for it. Would it be helpful to add that I'm in school? Also we closed on a house last month but my husband was unable to sign closing papers because he had already left for residency. The closing company stated that he had to sign the documents in person to be on the loan so we couldn't have him on there. He is listed on home owners insurance and utilities for the new home. We have proof of bonafide marriage prior to his temporary relocation (lease agreement, utilities, bank statements, taxes, credit cards, etc). Are there any other couples filing i751 at this time who are living apart? Thank you.

Girl- good to see you again!
From what I have seen in the past, moving for a job is not a reason to not be living together. This especially matters if you plan to file naturalization under the 3 year-rule.

 

Now, for this current ROC period, perhaps @geowrian can shed some light for us?
I think the ill mother is a strong enough reason not to move. Plus, it's a temporary program, not permanent, correct? (Trying to also educate myself here)
 

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Filed: K-1 Visa Country: Nigeria
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49 minutes ago, emekus94 said:

Girl- good to see you again!
From what I have seen in the past, moving for a job is not a reason to not be living together. This especially matters if you plan to file naturalization under the 3 year-rule.

 

Now, for this current ROC period, perhaps @geowrian can shed some light for us?
I think the ill mother is a strong enough reason not to move. Plus, it's a temporary program, not permanent, correct? (Trying to also educate myself here)
 

Hi emekaus!! Good to see you too :) Yes, it is a temporary 3 year program. It just didn't make sense for me to move, leave a high paying job, and relocate my ill mother to a rural area away from her specialists while also putting us in a financially insecure position as I make more than double what my husband makes. Hopefully they don't count it against us. We will be visiting each other when we can. It's frustrating and anxiety provoking having the thought that you have to live your life the way someone else things you should. I have a friend who's husband is doing residency too and they decided to live apart. Only difference is they are both American citizens 😒. I can't wait to be done with this. 

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2 minutes ago, naija_glam said:

Hi emekaus!! Good to see you too :) Yes, it is a temporary 3 year program. It just didn't make sense for me to move, leave a high paying job, and relocate my ill mother to a rural area away from her specialists while also putting us in a financially insecure position as I make more than double what my husband makes. Hopefully they don't count it against us. We will be visiting each other when we can. It's frustrating and anxiety provoking having the thought that you have to live your life the way someone else things you should. I have a friend who's husband is doing residency too and they decided to live apart. Only difference is they are both American citizens 😒. I can't wait to be done with this. 

U can say that again. I AM COUNTING MY DAYS till I finish this madness called immigration.
This too shall pass. hang in there
Hopefully geowrian can shed some light - he's all over this forum so he can tell you what he thinks and y'all can proceed. 

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Living apart is not a sole reason to deny ROC, but admittedly it does make it more of an uphill journey IMO. Living together is often the strongest piece of ROC evidence, probably followed by commingling of finances.

Exceptions do exist for things like a military (or military or government contractor) spouse who are apart for work purposes without a simple reconciliation process, in which living apart is likely not a big factor.

 

It's really a judgement call. Generally, i would not say to act based upon immigration...do what you need to do (within the law, obviously) first. If that means living apart temporarily to better yourself or your family, so be it. But yes, expect more scrutiny of the marriage as a consequence. Scrutiny does not mean denial by any means...living apart is just one factor in the totality of the circumstances. But make sure to have and present a solid case in all the other aspects - spend as much time physical together as possible, commingle your finances (including things like beneficiaries on plans and insurances, wills/trusts, medical purposes, etc.), etc.

 

The overwhelming majority of ROC cases are approved. And even if not approved, you can refile up until a final order of removal by an immigration judge. So you would likely get at least a second attempt with USCIS, and at least another chance with a judge. It really takes a lot to have LPR status actually revoked due to ROC...it can take a very long time and be a hassle in the worst cases, but a true marriage should ultimately come out successful in the end (and very, very often on the first filing...not to scare you with the talk of getting even a first denial).

 

Do your research. Make a call that works best for your family and circumstances.

 

On 8/9/2020 at 1:22 AM, naija_glam said:

Also we closed on a house last month but my husband was unable to sign closing papers because he had already left for residency. The closing company stated that he had to sign the documents in person to be on the loan so we couldn't have him on there.

Is he on the deed? If so, just send that. USCIS doesn't need to see the mortgage necessarily...the deed is good evidence of commingling as well IMO.

Now if he's not on either the mortgage or deed, it is what it is. focus on what evidence you do have together, not what you don't.


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: K-1 Visa Country: Nigeria
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6 minutes ago, geowrian said:

Living apart is not a sole reason to deny ROC, but admittedly it does make it more of an uphill journey IMO. Living together is often the strongest piece of ROC evidence, probably followed by commingling of finances.

Exceptions do exist for things like a military (or military or government contractor) spouse who are apart for work purposes without a simple reconciliation process, in which living apart is likely not a big factor.

 

It's really a judgement call. Generally, i would not say to act based upon immigration...do what you need to do (within the law, obviously) first. If that means living apart temporarily to better yourself or your family, so be it. But yes, expect more scrutiny of the marriage as a consequence. Scrutiny does not mean denial by any means...living apart is just one factor in the totality of the circumstances. But make sure to have and present a solid case in all the other aspects - spend as much time physical together as possible, commingle your finances (including things like beneficiaries on plans and insurances, wills/trusts, medical purposes, etc.), etc.

 

The overwhelming majority of ROC cases are approved. And even if not approved, you can refile up until a final order of removal by an immigration judge. So you would likely get at least a second attempt with USCIS, and at least another chance with a judge. It really takes a lot to have LPR status actually revoked due to ROC...it can take a very long time and be a hassle in the worst cases, but a true marriage should ultimately come out successful in the end (and very, very often on the first filing...not to scare you with the talk of getting even a first denial).

 

Do your research. Make a call that works best for your family and circumstances.

 

Is he on the deed? If so, just send that. USCIS doesn't need to see the mortgage necessarily...the deed is good evidence of commingling as well IMO.

Now if he's not on either the mortgage or deed, it is what it is. focus on what evidence you do have together, not what you don't.

Geowrian, we are going through the process to get him on the deed. We also have life insurance policies and medical power of attorney documents for each other. I feel we have done the best that we can. Our family would be in a bad financial situation without my income. Not to mention my mother's health could get worse being away from her doctors that know her well. We will see what happens

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