CR1 Removal of Conditions - What if we were residents of separate states when my spouse initially moved here? (merged threads)

[madara_khan 0]

Hi there, my wife arrived to the U.S. in April 2024 and got her CR1 Green card shortly after. We plan on applying for her Removal of Conditions (RoC) around January 2026, and we expect to have supporting documentation. The only issue is that we're living in separate states right now (she's living in SC with my parents, I'm in NC living with uncle). I planned to move in with her to my parent's house because I work remotely and thought my company would let me, but they've been delaying my permissions to do so. 

 

 

[madara_khan 0]

Hi there, hope you all are good! I had a pressing question.

 

My wife arrived to the U.S. in April 2024 and got her CR1 Green card shortly after. We plan on applying for her Removal of Conditions (RoC) around January 2026, and we expect to have supporting documentation by then. The only issue is that I'm an NC resident, but she's an SC resident: I had her green card sent to my parents house in SC, because they're her joint sponsors and I was planning to move in to my parents house anyways once she got here. I visit her like every other week but it's getting tiring, and I just want to move in with her permanently.

 

Initially I assumed my company would let me move to SC because I'm like 99% remote (and a previous manager told me I should be able to move states), but HR has been delaying the approval, and my current manager JUST told me they can't allow it at this time. So now my spouse and I are technically residents of two separate states (I'm living in NC, and she's living in SC with my parents, but I visit her very often) so I'm thinking I will just have her move to NC with me instead. But the problem is that we've been going back and forth at two separate addresses like this for 3-4 months now after her arrival.... Could this be a problem when we apply for RoC? Could USCIS ask why we were not residing together for the first few months after she arrived?

 

I'm giving myself a deadline for end of August: We will decide on one permanent address to both live in, whether it's NC or SC (if SC, I may have to say goodbye to my job). But just wanted to see if the initial 4-5 months of us technically living separately (even though we met often) could cause any problems when applying for RoC.

[Ryan H 3,812]

Moved from IR-1/CR-1 Progress Reports to Removing Conditions on Residency Discussion.

[Ryan H 3,812]

~~~Similar topics merged, please post all questions you have about the Removing Conditions process in this thread instead of starting a new for every question you have.~~~

[OldUser 6,861]

I don't see a major problem with you living separately for the first 4-6 months after becoming a conditional resident. As long as you document your attempts to spend time together well, and as long as you eventually move in together, I-751 should be approvable. I'd save receipts for gas, hotel stays, restaurants etc etc. Would save email comminication explaining how you asked about working in state A, but manager says you have to work in state B etc.

 

Good idea is to open joint savings account where you both can contribute towards future move in costs. This should be good evidence until you actually move in and get lease in both names.

[beloved_dingo 1,979]

Out of curiosity, why can't she live with you at your uncle's house? 

 

I agree with @OldUser though. If you document this situation, and it is remedied in the near future, I don't see it being an issue 2 years down the line. I would suggest saving any emails or other written correspondence you have that document your efforts with your job to get permission to move to SC. 

[Crazy Cat 41,979]

***One non-contributory comment violating the TOS removed.  Please do not derail the topic***Insults to members are not taken lightly***

Edited August 5 by Crazy Cat

[Ban Hammer 13,400]

upon further review by the mod team of the removed post, one member has received draconian admin action.
 

 

Edited August 6 by Ban Hammer

[madara_khan 0]

Hey all, thanks for the reassurance. Sorry for my late response, I'd seen the messages but forgot to formally get back. I ended up moving her to my uncle's residence where we are currently residing in the basement. It's not ideal, but I'm thinking of buying a house with her and moving out next year, so it definitely won't be for too long. We updated her USCIS account to show she moved to my uncles address with me, around Sept/Oct 2024. 

 

I did have another question though. When we submit the I-751, will we need to formally show records of us having lived together on a month by month basis? Or as long as we are living together by the time we file the I-751 it should be fine? Looking at the I-751, it seems like it asks all addresses the CR lived in... I ask because I don't really have any of those conversations with my manager recorded, so I can't really show USCIS that oh I was trying to move to SC so how are they going to believe me. So that's why I was like ok whatever, let's get her moved to the same address as me in NC after a max of 6 months, so we did that. I can try to explain it a bit. But as long as they don't ask for literal monthly records of us living together, I'm hoping it'll be ok.

 

Plus we are expecting a child next summer, so I'm hoping that would count for strong proof as well.

 

[OldUser 6,861]

13 minutes ago, madara_khan said:

I did have another question though. When we submit the I-751, will we need to formally show records of us having lived together on a month by month basis?

Typically bank statements and leases "paint" the picture of your living arrengements. Yes, you may get asked about more proof of living together at some point.

[OldUser 6,861]

Follow up question: do you comingle finances?

And how are you planning paying taxes in April?

Edited November 17 by OldUser