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  #1  
Old 4th April 2008, 03:43 PM
sergy71 sergy71 is offline
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spouses living apart - need advice!!!

I will appreciate any advice on this situation

My friend is married to US citizen and got a interim GC 2 years ago.
Now its the time to renew this to permanent GC.
The situation is complicated because they are not living together.
Since the economy situaton in the state they originally lived is not good, she has the job (well paid, and according to her speciality) in another state (like 1 hour flight) but her husband stays in the original place.
Although it is quite common situation for some people nowadays, would this implicate the application?
They are visiting each other twice a month.. is it good enough?
She is living apart for 7 months now, but they have a very long history together starting from her country of origin...

Last edited by sergy71; 4th April 2008 at 03:47 PM.
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  #2  
Old 5th April 2008, 08:53 AM
Triple Citizen Triple Citizen is offline
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If the marital relationship still intact, there should not be an issue. Do they still both have the same permanent residence address? Do they still have joint insurance policies, accounts, etc?

Quote:
Originally Posted by sergy71 View Post
Although it is quite common situation for some people nowadays, would this implicate the application?
They are visiting each other twice a month.. is it good enough?
She is living apart for 7 months now, but they have a very long history together starting from her country of origin...
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Regards,
S K Ghori
skg@vex.net
http://www.vex.net/~skg/

**NOTE**
I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

**DISCLAIMER**
I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
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  #3  
Old 7th April 2008, 05:59 AM
sergy71 sergy71 is offline
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Thank you so much for answering!
Yes, they share the same "permanent address, bank accounts etc"
Another thing -there is a specific question in I 571
regarding all adresses the person lived during the last years, so they will find out that they lived apart for some time.. could that be an issue?
its definately required to show the true (addresses), but would it interact with the approval?
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  #4  
Old 7th April 2008, 06:12 AM
Triple Citizen Triple Citizen is offline
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As long as you can show that the marital relationship is still intact, this should not be an issue. Truthfully list all addresses,

Quote:
Originally Posted by sergy71 View Post
all adresses the person lived during the last years, so they will find out that they lived apart for some time.. could that be an issue?
__________________
Regards,
S K Ghori
skg@vex.net
http://www.vex.net/~skg/

**NOTE**
I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

**DISCLAIMER**
I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
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  #5  
Old 7th April 2008, 02:35 PM
boatbod boatbod is offline
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Just be prepared to explain the situation and back it up with proof of regular trips to see each other, phone records, and other stuff that show you are regularly in contact and maintaining married life as best you can.
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  #6  
Old 7th April 2008, 08:33 PM
austriacus austriacus is offline
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I agree with Triple Citizen and boatbod. My wife and I were potentially in the situation that we would be living apart at the time of removal of condition, so we specifically asked our IO if it is a problem and how to overcome it. One of us has a specialized job as well which does not exist in the same form in the other city, and in our IO's judgement that person was more constrained and the other person was expected to move. But, then you have to explain why the person for which a job is more readily available cannot move instead.

Also, I hope they know that in their situation, the GC holder will not be eligible for citizenship after 3 years. This requires that the GC holder live with the US citizen.
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F-1 >> H-1B >> married my lovely US citizen wife in Dec 2006

DO: San Antonio, TX

05/14/07: I-130/I-485/I-765 filed (USPS)
09/26/07: ID: AOS approved!
10/09/07: Rcvd GC

09/04/09: I-751 filed (USPS)
09/09/09: VSC rcvd package
09/09/09: I-751 RD
09/11/09: Check posted
09/18/09: Rcvd I-751 NOA
10/20/09: Bio appointment
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