Advice Needed!

wsz

Registered Users (C)
My friend desperately need help, your advices are deeply appreciated!
Here is her situation: she(say, A) lives in Chicago and her husband (say, B) works here in California. A is the primary applicant for GC and B is the dependent. For most of the time in the past 8 years (they have been married for 10 years), they have been separated in two places (they went to different schools, A in Michigan, B in California, then they had trouble finding jobs in the same place), and they fly once every 1 to 2 months to meet each other for the past couple of years.

A and B\'s I-485 was filed last month and A\'s lawyer was reluctant to file I-485 for A because he thinks it is wierd that A and B live in different places. He says INS may suspect they keep their marriage because B wants to get GC through A. The lawyer forced A to write down a promise that once B gets EAD, B will quit his current job and move to Chicago, otherwise he refused to file 485 for A. Now A worries a lot about the written promise. As in current economic situation, it is very difficult for B to find a job in Chicago (Actually, 2 years ago B quitted his job and spent 3 months in Chicago hunting for a job but had no luck). And in case B quits his job and A loses her job before they got their GC, they will be out of status.

Do you guys think the promise that A wrote will cause trouble for A if B does not move to Chicago? Does INS require the primary applicant to live together with dependant? (there GC is employment based not marriage based!). To me it is a nonsense. What do you guys think? Should B quit his job?

The thing A worries most is that INS approves A\'s GC but reject B\'s GC. Will this be a possible outcome if B doesn\'t quit his job and move to Chicago?

Thanks a lot for your replies!
 
Suggestion

I haven\'t heard anything like this kind of situation b4.
but I don\'t understand, how come attorney knows that B is working in CA.
You can as well give the same address for B too.
I dont see any column that you have to mention saying he is working in CA. Even the form says Address or C/O
I would say she should not worry about that. You can always tell that he has moved to Chicago.
What if B\'s job is tele commuting. That is possible, right. So you can change your address on the pay stub if you want to be more careful.
One of my friend actually contracts in a different place. but Wife works in CA. He comes back home every week. so he felt CA address will be much easier and safer, so he applied in CSC and got his approval too.
 
kids

INS always considers that the marriage is healthy if the couple has kids and
if called for interview always carry lots and lots of picturest of marriage, holidays, birthday celebrations, and other events to support ur application

Attorney\'s are also suspicious if one partner is miles and miles away from the other partner.

INS would also need u to fill out the biographic info which specifies all the addresses that u have lived at for the last 5 years. They may not make an issue because this is Employment based application and not a family based petition I guess maybe the person should log on to murthy chat and ask for advice. He could also visit muthy forum which is a new message board and murthy has stated that her lawyers will also give advice at times.

If the person is more concerned he could schedule an appointment with Rajiv Khanna or any other reputed lawyer (maybe a email/telephonic) conversation etc.etc.

Sometimes it is best to get a second opinion

After all we r just armchair lawyers and not qualified at all
 
Thanks!

Many thanks to your kind replies. One more wierd thing is, the lawyer not only asked for my friend\'s (the primary applicant) employment letter, but also requested her husband to provide his employment letter. He also made my friend to provide an affidavit for financial support for her husband, in addition to the quitting job promise I mentioned in my original post. These things sound ridiculous to me as my lawyer never asked me to do tha when I applied 485 last May.
 
I was asked

to provide affidavit of support for my wife
and employment letter from employer
and also bank statement
this shows that Husband and wife are having a joint account

also in bio information separate for my wife and separate for myself
this shows both staying at same address
 
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