Green card application - living, commuting different states

[vraintex]

Hi all,

First let me say I read the forums on and off but have never registered until today since I wanted to ask and see if anyone has been in a similar situation as mine.

Me: I came to the US with an F-1 visa, worked 2.5years on OPT (Optional Practical Training) and then got sponsored for H1B 3 years by my company, and recently was renewed for my H1B for another 3 years.

My husband and I met in New York in 2008 after I graduated college and have been living together since 2009. Through the course of the years we've had several apartment leases, car payments, multiple bank joint accounts. When my OPT finished and I had to be sponsored for H1B, I had to move to California. I kept my same job, just in different states, my husband left his job in New York and found another job here in California.

In January 2013 my husband got a job offer for a dream job. He started commuting to Chicago, only coming to California every other weekend for 6 months. In July he was permanently moved to Atlanta. We travel back and forth as money allows. We decided to get married in November 2013 in California so we can eventually go through the green card process.


Since I am tied up in California because of my job, and his in Atlanta, when we apply for green card can I still do the biometrics here in California? Would the interview be in California or Atlanta? How does it work if we are living in 2 states?

Also, I don't expect it to be, but it will be a problem that we are living together but separate, as commuters basically because of our jobs?

Thanks!

 

[Jackolantern]

They will schedule the biometrics and interview for a location near your residence (California), because you are the immigrant.

However once you have the biometrics notice you normally can go for the appointment at any USCIS office that does biometrics.

Keep evidence of you and your trips back and forth to visit each other, as that sort of thing will be important for the interview given that you're living apart.

Is your husband a US citizen?

 

[vraintex]

Posting a reply to my original question, as I have consulted with a lawyer for more clarification.

1) As long as you provide proof, and explanation that your marriage is real there is nothing to worry about. There have been cases of couples that both travel for work and they live together but are not together very often because of their jobs. Again as long as you explain your situation and provide proof, it's OK.

2) Biometrics appointment can be anywhere, just find a center near you. The green card interview will be based out of the address where you submit (for the US citizen). My husband lives in Atlanta, I live in California. I will have to travel to Atlanta for the interview, if I don't move there before we get scheduled.

3) The general time frame is 60 days after application for a work permit. At that time I can leave my H1b employer with no issues and wait for my green card. After 2 years 9 months of green card you can apply for citizenship.


Hope this helps to others on the same boat. I think a lot of people worry about "is my marriage real?" but when you think about it, all you have to do is be clear and true to your relationship and explain everything providing as much reasonable proof as you can.