Gurus: Lawyer wants to transfer and delay interview; is this necessary

MIA_BOS

Registered Users (C)
Hello everybody,

This is going to be a little long, but I feel like I need to explain a little more than usual.

I have been married to my wife (USC) for more than 6 months, and we have been together for 5 years. I am currently working with H-1B in Miami. We sent the application for the green card in January as can be seen in my signature. Things have been moving pleasingly fast so far, and we got the interview notice couple of days ago for April 17.

The complication in our case is that my wife has practically moved to Boston to attend college, and I am still in Miami due to my H-1B. As soon as I get my EAD or green card, I am going to look for a job there and move there to be with her as soon as possible.

We did the application with a lawyer not to take any chances. The lawyer insisted on putting our Boston address for her address, our Miami adress for my address and the Boston address for my intended address. This made sense at the time, since all is true, and we don't want to give any false information.

The lawyer had told us that we will get the interview in Boston. That didn't happen: The actual intervew notice says that it will be in Miami, instead. That's fine with us, and we already got the plane tickets for my wife to come down for the interview. I thought that would be actually better, since both our driver's licences, car registrations, cell phone bills, joint saving accounts show our Miami address anyways.

Our lawyer seems to think otherwise: he insists that we have to be living together or they will deny us right away. Is this true?

He wants to transfer our interview/case to Boston, delay it for a while, and in the meantime, after I receive the EAD in 2 months, simply move there right away, with or without a job. That seems a little odd and risky to me. I can't move without a job; we simply need my income (we have a joint sponsor, so my income is not mentioned in the application; we simply need it for living...).

Experienced gurus; I appreciate your input on the matter.

We want this process to be over as soon as possible, so we don't really want to transfer or delay the case, unless it is really necessary. Is the lawyer right? Can we simply go to the interview in Miami, and show all the pictures, bills, etc and be approved here? I don't see any problem with that, given the fact that some people actually live in different countries when they apply. What is the best course of action at this point? I have heard of lawyers making mistakes before, so I want to make sure...

Thanks in advance
 
Our lawyer seems to think otherwise: he insists that we have to be living together or they will deny us right away. Is this true?

There's no requirement that you be living together. if you can demonstrate that you have resided together in Miami, intend to do so in Boston and are in the midst of moving, then there shouldn't be a problem. There may be a hurdle or two proving it that you should be prepared for.
 
does it matter if the interview is in Miami or Boston?

Thanks for the input TheRealCanadian.

On following up on that: Does it matter if the interview is in Miami or Boston? Remember, Miami is my current address; Boston is where my wife goes to school and resides at the moment, and Boston is also where I intend to live after I get the GC and a job...

Thanks once again...
 
Thanks for the input TheRealCanadian.

On following up on that: Does it matter if the interview is in Miami or Boston? Remember, Miami is my current address; Boston is where my wife goes to school and resides at the moment, and Boston is also where I intend to live after I get the GC and a job...

Thanks once again...


There is not a problem when there is a valid reason that spouse are not living together, going to school is one of them.:) Do you have any evidence of wife or you traveling back and forth to see each other requlary. If so, you should show that. I would suggest to have interview based on the address on all of your paperwork, then after you get green card move whereever you want to cause you won't have to deal with USCIS until "removal of conditions" is in order. Just show that you are in constant contact with each other and that your home residence is in Miami. Maybe if you have cell phone records or calling back and forth??? The lawyer is not correct.
 
Yes, I agree with everyone else. My friend was in the same situation. His wife was working in another state while he want to college. They did the application without a lawyer and did not have any problems. Make sure to bring joint bank statements, phone bills, plane tickets or gas bills (if you drive to see her) to prove that you are in constant contact.
 
Also keep in mind the longer the case, the more $$$$$ the lawyer gets. :eek: :eek: If wife is college student, you and she I am sure can do it by yourself:rolleyes:
 
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