marriage based GC/relocation within US

J

jamesbrown

Registered Users (C)
Hello everyone,
I am looking for suggestion on my GC case, I have received my conditional GC in May 08 through marriage. I have been living with my family in california till sep, 2009. In oct 09, the company i work for has relocated from california to arizona and i have to relocate along with them. My wife currently has a good job in california, so we decided that my wife and our son can stay back in california for couple of month till she find a decent job in Arizona. But unfortunately we can't find a similar job , so we were thinking of filling for her unemployment so that she can join me in arizona, but the

Question that comes to my mind is that;
1. My wife is my sponsor, when she filled my GC application for me. As we have to fill again for the condition removal on my GC in couple of months, will this impact my application in any way?
2. Secondly, how long can she stay in california and work, would this create a question or pose a problem for my conditional removal? ( although we are happily married, but i am not sure about the agency; how they thinks about this?!)

Thanks in advance
Cheerios
 
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First Answer:
She is a US citizen, her income or job doesn't mater. You may provide an employment letter with I-751 only for you and submit all joint documents you have so far collected together. The fact that she is unemployed has nothing to do with it. The rule would apply only if YOU would file for unemployment benefits. As a GC holder you would be considered a liability to the Government and the CIS may have your wife cover any benefits you collect.

Second:
YES. YOU MUST BE LIVING TOGETHER, STILL MARRIED IN ORDER TO QUALIFY FOR REMOVAL OF COND. STATUS.
 
Thanks Lucy and Dmom, you guys have good experience. I have one more quick question, my wife had changed her maiden name to her marriage name (last name only) about a year back, she changed her DL, bank account, other bills and US passport but she didn't change her naturalization certificate to marriage last name.
Should we be worried about it during our interview process of condition removal? If you this is a concern, can you guide me on the process to make the changes?
 
jamesbrown said:
Thanks Lucy and Dmom, you guys have good experience. I have one more quick question, my wife had changed her maiden name to her marriage name (last name only) about a year back, she changed her DL, bank account, other bills and US passport but she didn't change her naturalization certificate to marriage last name.
Should we be worried about it during our interview process of condition removal? If you this is a concern, can you guide me on the process to make the changes?
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It doesn't matter, the officer will see her name changed everywhere else. Besides, it is expensive to update your naturalization certificate (by applying for new one). None of our clients change their name on their natz certif. after new marriage. It doesn't affect their petitions whatsoever. Don't worry about it. The most important things are bills, accounts, credit cards, joint tax returns, rental agreements....all joint stuff.
 
Dmon, thanks for your prompt answers. This website is made awesome by the contribution from good people like you. Thanks again.
 
Dmom said:
Second:YES. YOU MUST BE LIVING TOGETHER, STILL MARRIED IN ORDER TO QUALIFY FOR REMOVAL OF COND. STATUS.
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Living together is not mandatory, but being able to prove that you are in a real, bonafide marriage is the key (if you are living separately).
 
The son you have -- is he the biological child of you and your wife? If yes, that makes it 99.9% certain that your I-751 will be approved even though you are living apart. Fake couples almost never have children together.

For I-751 it is not required to show that you are still living together; you could have already filed for divorce and you'll still get approved if there is enough proof to show that the marriage was entered for bona fide reasons. But when applying for US citizenship based on marriage the requirements are more strict; the marriage has to be bona fide AND still viable, so if you file for divorce you'll automatically be denied, and if you're living apart you'll have to convince the officer that it is a temporary separation due to circumstances beyond your control, rather than a sign of problems with the marriage.

It most definitely a good idea to for your wife to wait in California for a few months before job quitting her own job. That would give you a chance to settle into your new job location and decide whether you want to stay in the new location. If you find the new location is miserable to live or work in, you can quit and go back to California if your wife kept her job there. Also, if you get laid off shortly after you relocate (which is quite common -- the management decides they don't need so many people at the new place, or thinks some of the newly relocated people don't "fit in"), you'll still have your wife's income.
But unfortunately we can't find a similar job , so we were thinking of filling for her unemployment ...
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Be very careful about that ... her job is not being terminated, so that may prevent her from collecting unemployment. You'll have to research the laws of your state to determine whether the relocation of one spouse allows the other spouse to collect unemployment under your circumstances.
 
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Thomas/Jack

Thanks for the suggestions, yes its our natural/biological child and we are happily married.

Since i got my Conditional GC in May08 i believe we should file for condition removal sometime in Feb 10 ( even though we are married for over 3 years; married in sep 06 in california) it has to be 3 month prior anniversary of the conditional GC or other word 3 month prior expire of conditional GC

is that right?
 
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thomas_psu said:
Living together is not mandatory, but being able to prove that you are in a real, bonafide marriage is the key (if you are living separately).
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I disagree. We had a case denied because husband and wife did not live together. It was perfect bonafide marriage (only different addresses).
During the interview the officer decided he wants to see their home, how they live, pictures, joint property....and he went to the house to see if they are living together. So again you are wrong. Unless there is a good reason, such as the husband is in the military. In most cases immigration do not care why you are not living together. If you are applying for second green card and they have some issues with the address they may schedule second interview, may even question you separately. It is not worth the trouble.
 
Trust me if I say, if you list two different addresses on I-751 you will have a problem.
 
Dmom said:
Trust me if I say, if you list two different addresses on I-751 you will have a problem.
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True. But in this case, the OP's time frame for filing the I-751 will be Feb 2010 - May 2010, by which time they should be living together again. And they have a child together.
 
Guys it seems that there is a risk in staying away from each other. Currently we have been staying away from each other for about 2 months and now looking at the thread i think we have to bite the financial bullet in this tough economy.
I have to ask this question; will this above time pose any kind of a problem ( as we stay away for 2 months) although at the new place we have signed a joint lease and we have been flying every other weekends to meet each other. Should i keep all this evidence of flight ticket flying from Phoenix to SFO? Evidence of leave we took from work to be with each other.
Last question as my wife is USC is it better for her to take family leave for next 2 months ( and then leave the job as benefits continue) or leave the job asap and fill for unemployment.
I know this all very personnel question, but i felt that i should discuss in this forum, as i believe 2 head are always better then 1
Thanks again guys
 
Your I-751 will be approved, stop worrying about it. Those who run into trouble are generally those who are still apart during the I-751 process, and/or they didn't come to the interview with supporting evidence to explain their separation. Your wife doesn't need to quit her job now. Just make sure she joins you in the new city by the time of filing I-751 in 3+ months from now, and preserve evidence of the airline tickets and your involuntary job relocation in case a nitpicking officer wants proof.
Last question as my wife is USC is it better for her to take family leave for next 2 months ( and then leave the job as benefits continue) or leave the job asap and fill for unemployment.
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You'll need to research her company's policies and the applicable state laws to determine whether she would be eligible for that leave or unemployment benefits under the circumstances (I seriously doubt she'll be eligible for unemployment, as her job is not being involuntarily terminated or relocated).
 
Jack thanks for the suggestion as per my understanding california law allows unemployment benefits when spouse job relocate 60 miles away from the employee work place.
 
jamesbrown said:
Jack thanks for the suggestion as per my understanding california law allows unemployment benefits when spouse job relocate 60 miles away from the employee work place.
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James,

You gave us I feel good and I am wondering why you are NOT feeling good and worrying too much about the upcoming I-751. You have no need to be flying from AZ to CA every other week to be with your spouse, love is a matter of the heart, having adequate evidence should suffice and give you some freedom and a 10 years GC. Save your money dude and have your wife take some unemployment, you need your wife during this cold winter as opposed to a bachelor bed...:eek:

I hope this video will help you remember that you are a legend who brought happiness to all of us...

http://www.youtube.com/watch?v=SzlpTRNIAvc
 
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