Living seperately after getting green card through marriage?

[07GGFA5]

Hello all,

I am in a confusing situation. I am a US citizen and I plan to soon marry my girlfriend who is in the US right now on F1 visa. We plan to file I-130 and I-485 afterwards to get started on the process of getting her green card. Our problem is our geographic constraint. Coming this fall, there is a big possibility that I will be moving away from her to a different city to attend a professional school. I'd like to go to a local school and live with her but school admission and scholarship consideration is something beyond my control. The degree will take 3 years to complete during which time my wife-to-be will also be enrolled in a different professional school in another city/state. So if we get married this spring, we will only be living with each other until this fall before we reunite after graduation in 3 years.

We have:
- Lived together for 2.5 years (1 year with both our names on same rental lease)
- Maintained a joint savings account for 2.5 years
- been under same cell phone family plan for 3 years

I'm afraid that we will be falsely accused of committing marriage fraud for not living together while we are in school. I've also heard about some dirty and misleading tactics they use to convict you of such offense. What should I do? I'd like for her to get her green card ASAP so she can convert to cheaper in-state tuition for her school.

Thanks,

- edited to include extra info

 

[Jackolantern]

The good news is that marriage-based green cards are being processed so fast these days, that if you get married this spring she might get the GC before you go away to study. So she should look into getting the medical exam done within the next month so the results will be ready before the two of you get married, so it can be sent with the I-485 immediately after the wedding.

I'd like for her to get her green card ASAP so she can convert to cheaper in-state tuition for her school.

The bad news is that they do not count any time in F-1 status towards the one-year requirement to qualify for in-state tuition. In this situation with her transitioning from F-1 to GC, the earliest time they would start counting that year is the I-485 receipt date. So no matter what, she's still stuck paying the out-of-state tuition until next spring.

I'm afraid that we will be falsely accused of committing marriage fraud for not living together while we are in school. I've also heard about some dirty and misleading tactics they use to convict you of such offense.

Couples who live apart and are unprepared to explain and prove their situation often do run into trouble, but if you gather sufficient proof you should be OK. Keep proof of living together before marriage including the joint lease. When you get married, make sure it is a real wedding with family and friends (doesn't have to be large, could be just 10 or 20 guests gathered at your parents' house) and get pictures of it, rather than an unceremonial courtroom process. Once you move apart, make sure to preserve phone bills showing that you've been calling each other frequently while apart. Preserve airline boarding passes or bus/train tickets showing that one of you visits the other at least once a month. Bring proof that you've been enrolled in your respective schools in different states. Get life insurance and put her as the beneficiary (you should be able to find a $100,000 term policy for under $100/year if you're in your twenties and are healthy). When you are together, take pictures of the two of you at famous landmarks.

 

[07GGFA5]

Thanks for the reply. Much appreciated...

 

[balyan]

While my spouse was in school, she has been a dependent on me for health insurance, life insurance, <co-mingling> credit card, checking/savings, auto insurance, & auto registration accounts. As Jackolantern mentioned, have photos of the wedding and photos thereafter quite frequently. These will be more than enough to prove legitimacy of the marriage. Congratulations on your pending nuptials!

On the state tuition eligibility, each state differs in the edibility for the in-state tuition. In my case, had to pay the International tuition for my spouse; the in-state eligibility was based on staying and paying taxes for one calendar year. May want to consult with School on this. A few months of wait can save you a lot of money, esp. while the International tuition is 3 times the in-state. Good luck!