Student out of state for few years, living separated.

[Mobius1 175]

Just now, juancarlos said:

Not yet, but I have to apply for I-751 in 2 months. So by this same logic, I will lose my green card too because I had to move out of state to attend the only University that allows me to get my license?

 

That is madness,

Madness? THIS....IS...USCIS!

 

Brother, I hope you have been gathering a LOT of marital evidence. They look at separately living couples with more doubt. Its a winnable case, I would recommend you hire a lawyer. 

[juancarlos 122]

Just now, Mobius1 said:

Madness? THIS....IS...USCIS!

 

Brother, I hope you have been gathering a LOT of marital evidence. They look at separately living couples with more doubt. Its a winnable case, I would recommend you hire a lawyer. 

We'll do that indeed. As I mentioned, our marriage is, and has been, very solid, even dealing with this temporal separation right now.

 

Thank you!

[ImmigrantKrish 75]

9 minutes ago, juancarlos said:

Not yet, but I have to apply for I-751 in 2 months. So by this same logic, I will lose my green card too because I had to move out of state to attend the only University that allows me to get my license?

 

That is madness,

I agree, but lets start the guy interviewing or looking at your application has to be convinced that this is not a sham or marriage of convenience.

 

Just think like an outsider looking in and see how it feels.

 

[OldUser 5,059]

12 minutes ago, juancarlos said:

Not yet, but I have to apply for I-751 in 2 months. So by this same logic, I will lose my green card too because I had to move out of state to attend the only University that allows me to get my license?

 

That is madness,

Good luck with I-751. Make sure to include a lot of bonafide marriage evidence, including comingling of finances.

Keep track of all visits between you and your wife, e.g. dates, photos, receipts to back it up.

You may end up with RFE and/or I-751 denial if you do not take it seriously. Forget about naturalization, you gotta remove conditions first which may be challenging based on your living arrengement.

[Rocio0010 5,572]

38 minutes ago, juancarlos said:

Not yet, but I have to apply for I-751 in 2 months. So by this same logic, I will lose my green card too because I had to move out of state to attend the only University that allows me to get my license?

 

That is madness,

Oh, then cross the N400 bridge when you get there, my friend. Focus on your 751.

 

No, you may not lose your green card as long as 

a) you can document the bona fide of your marriage (plane tickets, gas station receipts, pictures) of your visits.

b) you can document why you needed to live separately (with a written statement signed by you and backed up with your university program, her job contract, etc)

[WandY 430]

University students matriculating in another state do not need to get a new license. Full-time students are considered domiciled in their home state/home address. This is common knowledge. Your good to go.

[Diane and Chris 651]

At the rate USCIS is working on ROCs, you may very well be at 5 years by the time you receive your 10 year gc!  🙄  

I admire your tenacity and drive to become a doctor. Good luck moving forward. 

[Ban Hammer 12,876]

one post removed
draconian admin action has been taken.

[iwannaplay54 985]

11 hours ago, juancarlos said:

Really? I found this in USCIS website. But I don't know if graduate school would qualify for such statement:

 

Involuntary separation. In the event that the applicant and spouse live apart because of circumstances beyond their control, such as military service in the Armed Forces of the United States or essential business or occupational demands, rather than because of voluntary legal or informal separation, the resulting separation, even if prolonged, will not preclude naturalization under this part.

Yeah so you’re not in the trenches in Europe.  You’re not involuntarily prevented from living in marital union.  

Edited December 8, 2022 by iwannaplay54

[iwannaplay54 985]

10 hours ago, juancarlos said:

We'll do that indeed. As I mentioned, our marriage is, and has been, very solid, even dealing with this temporal separation right now.

 

Thank you!

Good luck.  People who live in the same house and provide stacks of evidence often have trouble.  I wouldnt take this lightly.

[SalishSea 16,851]

15 hours ago, juancarlos said:

Not yet, but I have to apply for I-751 in 2 months. So by this same logic, I will lose my green card too because I had to move out of state to attend the only University that allows me to get my license?

 

That is madness,

It’s a mistake to focus so much on naturalization when you have yet to remove conditions on a marriage based green card and you’re living separately from your spouse.  

 That, by the way, is a very unusual choice.   Good luck, and hopefully you don’t get scrutinized too closely.

[Rocio0010 5,572]

5 hours ago, Jorgedig said:

It’s a mistake to focus so much on naturalization when you have yet to remove conditions on a marriage based green card and you’re living separately from your spouse.  

 That, by the way, is a very unusual choice.   Good luck, and hopefully you don’t get scrutinized too closely.

Indeed. I honestly fail to understand why people focus so much on N400 if they need to file for ROC first. It's like being worried about changing the oil when you don't even have a car yet.

[juancarlos 122]

You're all right. ROC comes first. I was just curious about the future impact of my personal situation.

 

Thanks for the answers