Being separated by school when filing I-751

[lazylady 6]

Hi everyone, 

 

Do you know if being separated by school/summer internship would be a big issue when filing for removal of conditions? I'm planning to attend Business school in 2022 - 2024, and most of the good Bschools are more than 2 hours from where we live. Commuting 4 hours everyday for school is not ideal for me, so I think I'll have to stay in dorms during weekdays and only go home for the weekend. My USC husband cannot give up his job to move to another city, because he has a contract with them till 2025 (or he will have to pay back his Master's tuition)

 

With current estimate (could very well be changed), we'll need to file I-751 in 2023, in the middle of my MBA course. Do you think the fact that we don't live together for most of the week would be an issue to USCIS? 

If you were in a similar situation, did you have to go to interview with USCIS? What questions were you asked?

 

Thank you so much!

[mseck8688 16]

better avoid any red flags because i751 processing can take up to years and years stuck ...

make it easy simple gather all evidence take your wife with you ....

marraiage means marriage not correspondance ...

good luck 

[Sukie 1,439]

Thousands of applicants are in the same situation as you.  Even if you stay in a dorm during the week, your permanent address will still be the same as your husband's, right?

 

It's not an issue.  When it comes time to file your paperwork, just add a sentence to your cover letter stating that you are in a Master's program, and that you live at your University during the week, and with your hubby on the weekends. 

 

Best of luck with your MBA!

 

Sukie in NY

[Just Paul 4,591]

6 hours ago, lazylady said:

Hi everyone, 

 

Do you know if being separated by school/summer internship would be a big issue when filing for removal of conditions? I'm planning to attend Business school in 2022 - 2024, and most of the good Bschools are more than 2 hours from where we live. Commuting 4 hours everyday for school is not ideal for me, so I think I'll have to stay in dorms during weekdays and only go home for the weekend. My USC husband cannot give up his job to move to another city, because he has a contract with them till 2025 (or he will have to pay back his Master's tuition)

 

With current estimate (could very well be changed), we'll need to file I-751 in 2023, in the middle of my MBA course. Do you think the fact that we don't live together for most of the week would be an issue to USCIS? 

If you were in a similar situation, did you have to go to interview with USCIS? What questions were you asked?

 

Thank you so much!

Ok so let us see if I am following:

 

Your a student and you are on a F-1 and have not completed AOS but expect to be a LPR next year.  You are going to be together prior to the AOS interview.  If that's the case then you should pass thru that hurdle.  Living apart (but still close enough to be together on the weekends) shouldn't be too problematic.  Do what you can to maximize the time together.  My (ex)wife's MBA involved a lot of weekend / late night projects so maybe he can travel to you if that is the case.

[Ku Mưa 29]

9 hours ago, lazylady said:

Hi everyone, 

 

Do you know if being separated by school/summer internship would be a big issue when filing for removal of conditions? I'm planning to attend Business school in 2022 - 2024, and most of the good Bschools are more than 2 hours from where we live. Commuting 4 hours everyday for school is not ideal for me, so I think I'll have to stay in dorms during weekdays and only go home for the weekend. My USC husband cannot give up his job to move to another city, because he has a contract with them till 2025 (or he will have to pay back his Master's tuition)

 

With current estimate (could very well be changed), we'll need to file I-751 in 2023, in the middle of my MBA course. Do you think the fact that we don't live together for most of the week would be an issue to USCIS? 

If you were in a similar situation, did you have to go to interview with USCIS? What questions were you asked?

 

Thank you so much!

You need to pass 2-year green card first lady. Current year is 2020, you have 3 more years for taking care your case. you won't know what will happen in your next 3 years.

Edited September 17, 2020 by Ku Mưa

[lazylady 6]

Hi everyone, 

 

Thank you for your input. 

 

Just to clarify on my situation: I'm on H1B and filed for AOS this June. I know it's very early to talk about anything, especially with so much uncertainty in immigration, but we want to plan ahead because MBA tuition is a major investment for us. We don't want to risk timing this wrong and messing up with both immigration and a major investment/career change. If I get into an MBA program (finger crossed), I plan to stay home with my hubby in the weekend, holidays and breaks (probably even more often if school is not too busy), and stay in a dorm room if I can't make it home during the weekdays. 

 

Would it be correct that my permanent and mailing address is my home address (with my husband)? Then should I fill my physical address as the dorm or my home?

Edited September 17, 2020 by lazylady

[Orangesapples 1,954]

1 hour ago, lazylady said:

Hi everyone, 

 

Thank you for your input. 

 

Just to clarify on my situation: I'm on H1B and filed for AOS this June. I know it's very early to talk about anything, especially with so much uncertainty in immigration, but we want to plan ahead because MBA tuition is a major investment for us. We don't want to risk timing this wrong and messing up with both immigration and a major investment/career change. If I get into an MBA program (finger crossed), I plan to stay home with my hubby in the weekend, holidays and breaks (probably even more often if school is not too busy), and stay in a dorm room if I can't make it home during the weekdays. 

 

Would it be correct that my permanent and mailing address is my home address (with my husband)? Then should I fill my physical address as the dorm or my home?

I don't see an issue. Your situation is not that different from married where one of the spouses travels for work. My spouse is sometimes not home the whole work week and occasionally during the weekend, too (unfortunately). Well, he stays at hotels, not dorms, and there are big chunks of without traveling but it's similar in a way. I assume you'll be back home during vacations and stuff. 

 

I am not sure if your dorm will count as your physical address. 

[da95826 387]

To get your LPR through marriage the couple needs to share finances and live together that is how the USCIS determines that you have a real marriage. If you don't do those two things together then you are putting your LPR at risk.

 

You should maintain the same home address with your spouse where your both get mail and you have a joint lease, have joint bills and file taxes together jointly. 

 

Going to school a hundred(s) miles away from your home address with your spouse will in itself raise red flags with USCIS that you are not together with your spouse.

 

Best to move together somewhere where you can live with your spouse with a reasonable commute for each to school and to job or wait until you get your citizenship then go to school. 

 

If you go through with the home on weekend and holidays plan best to document each trip and days with spouse as evidence for your case. If legal keep the same home address with spouse at all times. You will make your case harder to prove a bona fide marriage you will need to go to an extra effort for additional proof if you spend time away and rent another place stay the during the week.

[Orangesapples 1,954]

55 minutes ago, da95826 said:

To get your LPR through marriage the couple needs to share finances and live together that is how the USCIS determines that you have a real marriage. If you don't do those two things together then you are putting your LPR at risk.

 

You should maintain the same home address with your spouse where your both get mail and you have a joint lease, have joint bills and file taxes together jointly. 

 

Going to school a hundred(s) miles away from your home address with your spouse will in itself raise red flags with USCIS that you are not together with your spouse.

 

Best to move together somewhere where you can live with your spouse with a reasonable commute for each to school and to job or wait until you get your citizenship then go to school. 

 

If you go through with the home on weekend and holidays plan best to document each trip and days with spouse as evidence for your case. If legal keep the same home address with spouse at all times. You will make your case harder to prove a bona fide marriage you will need to go to an extra effort for additional proof if you spend time away and rent another place stay the during the week.

Many people travel for work. It's not unheard of for many couples to only see each other during the weekend. A driving distance of two hours is not that significant. 

[da95826 387]

Traveling for work is not the issue even every week, going for short term training and staying at hotel is not an issue as long as you are home with your spouse much more than you are not and you are staying hotels that you are being reimburses for by your employer.

 

But a spouse and applicant working for employers and/or enrolled in schools for years in different cities far apart is an issue in itself. Spending money for a second place to live weather for a dorm or apartment is a red flag to USCIS that you are not together as a couple. 

 

I would make every effort for each spouse to work for employers in the same areas as they live and each to be enrolled in school in the same area as the spouses work and home address. 

 

Working or going to school full time apart from your spouse is an issue and will make it harder you for to prove you have a real marriage as defined by USCIS. 

[Lemonslice 4,555]

11 hours ago, da95826 said:

To get your LPR through marriage the couple needs to share finances and live together that is how the USCIS determines that you have a real marriage. If you don't do those two things together then you are putting your LPR at risk.

 

You should maintain the same home address with your spouse where your both get mail and you have a joint lease, have joint bills and file taxes together jointly. 

 

Going to school a hundred(s) miles away from your home address with your spouse will in itself raise red flags with USCIS that you are not together with your spouse.

 

Best to move together somewhere where you can live with your spouse with a reasonable commute for each to school and to job or wait until you get your citizenship then go to school. 

 

If you go through with the home on weekend and holidays plan best to document each trip and days with spouse as evidence for your case. If legal keep the same home address with spouse at all times. You will make your case harder to prove a bona fide marriage you will need to go to an extra effort for additional proof if you spend time away and rent another place stay the during the week.

What about truck drivers? Airlines crew members? Consultants traveling for work? Medical students matching to different hospitals? Permanent residents are not locked down... You can even divorce and ROC successfully!

 

OP: husband and myself both travel a lot for work, and we did not receive any RFE.  We were prepared to show that we live together, even if we have to spend some time apart.
In addition to weekend visits, your spouse might be able to visit at times, mid week dates and overnight can be a lot of fun, so are halfway meetups.

[Orangesapples 1,954]

23 minutes ago, Lemonslice said:

What about truck drivers? Airlines crew members? Consultants traveling for work? Medical students matching to different hospitals? Permanent residents are not locked down... You can even divorce and ROC successfully!

 

OP: husband and myself both travel a lot for work, and we did not receive any RFE.  We were prepared to show that we live together, even if we have to spend some time apart.
In addition to weekend visits, your spouse might be able to visit at times, mid week dates and overnight can be a lot of fun, so are halfway meetups.

Yes, and firefighters! Some are gone for months now, are their marriages not real? 

 

26 minutes ago, da95826 said:

Traveling for work is not the issue even every week, going for short term training and staying at hotel is not an issue as long as you are home with your spouse much more than you are not and you are staying hotels that you are being reimburses for by your employer.

 

But a spouse and applicant working for employers and/or enrolled in schools for years in different cities far apart is an issue in itself. Spending money for a second place to live weather for a dorm or apartment is a red flag to USCIS that you are not together as a couple. 

 

I would make every effort for each spouse to work for employers in the same areas as they live and each to be enrolled in school in the same area as the spouses work and home address. 

 

Working or going to school full time apart from your spouse is an issue and will make it harder you for to prove you have a real marriage as defined by USCIS. 

They will be in the same area, only two hours apart. They're just saving some commute time during the week. Still maintaining one household. 

[da95826 387]

You are proving my point, they travel for work; the airline put airline worker up in hotels that they pay for and you go home every few days and stay at home, truck drivers are staying in their trucks or stay in motels in efferent locations but come home to live and maintain one address with spouse. If you travel for work for an employer or you are self employed and you come home after the job then you are good, no issue.

 

That is not the same as enrolling in school or taking a job away from your spouse and getting a 2nd place to live. If you do not live, work or attend school in the same metro area as your spouse you will make harder to proof a real marriage to USCIS.

[Lemonslice 4,555]

Many crew members are based out of their city and will get a crashpad or apartment away from home. Consultants can be gone for months at a time!  @da95826 I understand you are trying to tell them to be prudent, and it is ok, but there is a fine line between that and fear mongering. 

[khalifa 22]

DO NOT LISTEN TO ALL THIS PEOPLE THAT ARE TRYING TO CONFUSE YOU.

I was in the EXACT (even crazier)  situation as you.... We (my wife and I)  were living apart (2 different states) and my job allowing me one week off every month to go see my wife. 

You just have to have only one permanent address

Do not put more than one address when you filling, It will confuse the immigration officer.

 

I still got approved with no RFE nor interview 

 

I have submitted the following 

 

+ A cover letter  explaining EXACTLY our living condition. I did not try to hide anything. 

+ A letter from my contract with my employer specifying that, I will be off work 1 week every month to go see my wife.

+ Bunch of notice of assignments in different states ( Arizona, Utah, Texas,Virginia etc...😓😓😓) I have been moving all over this country and still is. 

+ Joint Lease (Only one address)

+ BUNCH of plane tickets showing that I have been visiting my wife and vise versa

+ Joint Insurances (medical dental and vision) and medical bills showing we are both using the insurance.

+ Live insurance policy showing that my wife will be beneficiary if anything happens to me

+ Utility Bills

+ Tax (Filed as married but filed separately)

+Bunch of credit cards statements.

I didn't bother sending joint bank account statements since my wife is the only one using that bank account. 

I didn't BOTHER sending this people pictures. . 

 

That's my story, I hope this will help somebody. Good luck guys, stay strong and have faith.