Marriage to U.S. Citizen, but Living Apart on Weekdays, Gc Application

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matinbhagat

Registered Users (C)
Hi,

I am planning to apply for greencard based on my marriage to a US citizen. We both live in two different states but are only 90 miles apart. I visit my wife nearly every weekend, and when I cannot make it, she comes over. So we live together on weekends but live apart on weekdays as she is studying in her city and me in mine. As we are planning for her to sponsor me for a greencard we are quite confused how do we go about because of the fact we are living apart. Can we have dual residences? But the forms only allows you to write one address. Besides all her correspondences comes to her address there in her city and mine comes to me in my city. We do have phone records of daily conversations as we talk everyday. I also have bank statements showing my presence in her city on a regular basis. However, our residence part is confusing. Could you please advice how could I fill up the form? Also should I hire a lawyer? We have engagement videos and many pics with family and alone. Thank you for your time. Please feel free to advice anything you feel would be useful. Thank you once again.
 
You will be fine as long as you guys have a LOT of other proofs that you share a life together. Do you have joint bank accounts/credit card accounts? Do you have life insurance policies that list each other as the beneficiaries? Health insurance policies showing each other as spouses - things like that would be crucial to proving you have a bona fide marriage.
 
How long is it before at least one of you completes your studies, and how long have you already been married? It may help to postpone the green card filing until you graduate and start living together. And waiting until you reach your 2-year wedding anniversary would enable you to get a 10-year unconditional green card instead of a conditional 2-year card.
 
VisaNutz said:
You will be fine as long as you guys have a LOT of other proofs that you share a life together. Do you have joint bank accounts/credit card accounts? Do you have life insurance policies that list each other as the beneficiaries? Health insurance policies showing each other as spouses - things like that would be crucial to proving you have a bona fide marriage.
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Hi, thanks for the response. Do you think we need a lawyer? Also people mention adding a letter on how we met in our application but I do not see any information requesting it in both I-485 and I-130. I am also wondering if I can add a letter in my application detailing our situation completely? Also, do you know if lawyers would actually provide consultation to check your application and give advice if its all ok rather than hiring a lawyer for the whole process?
 
matinbhagat said:
Also, do you know if lawyers would actually provide consultation to check your application and give advice if its all ok rather than hiring a lawyer for the whole process?
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Yes, many lawyers will provide a one-hour consultation for advice and reviewing your application, typically for around a couple hundred dollars. But if you want them to handle the whole process it would be thousands of dollars.
 
How can I describe my unique situation and provide supporting proof in the I-130. Is there a way to detail the special circumstances that requires living apart on weekdays? I do not seem to know how to describe this in a USCIS approved way as the I-130 does not seem to show any format for an extra letter for special circumstances. Please tell me if you know about this.
 
matinbhagat said:
How can I describe my unique situation and provide supporting proof in the I-130. Is there a way to detail the special circumstances that requires living apart on weekdays? I do not seem to know how to describe this in a USCIS approved way as the I-130 does not seem to show any format for an extra letter for special circumstances. Please tell me if you know about this.
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You would explain those details (with supporting evidence if asked) in the interview, not when you submit the application.
 
As we are planning for her to sponsor me for a greencard we are quite confused how do we go about because of the fact we are living apart. Can we have dual residences? But the forms only allows you to write one address.
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Which forms are you looking at? On the I-130 I see an address question for the petitioner and another for the alien relative, not one address for both of you.
 
which USCIS office should I choose for adjusting status. this is item 22 on form i-130. I was planning to put the office nearest to my wife as itsm ore convenient for both of us although I live in the neighbouring state, but its nearer than the other office which is far from both of us. Is this ok or must i choose a office in the same state as me? Thanks.
 
I-130 Instruction "What Documents Do You Need to Prove Family Relationship?"

matinbhagat said:
How can I describe my unique situation and provide supporting proof in the I-130. Is there a way to detail the special circumstances that requires living apart on weekdays? I do not seem to know how to describe this in a USCIS approved way as the I-130 does not seem to show any format for an extra letter for special circumstances. Please tell me if you know about this.
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Read the instruction under that title. Item I says "Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage)" So ask three friends who know both of you well and who have witnessed your living arrangements to each write a sworn affidavit. That is where you can prove your bona fide marriage and explain your unique situation through their words. Also you should have a lot of proof of living together (utility bills with both names, life insurance policies, anything with BOTH names under the same address). Your case is not straight forward, so be prepared to be asked a lot of questions during interview. I think a lawyer might be needed in this case.
 
Now it's over 4 months since you started this thread, and you still haven't applied. You said she graduates the middle of next year; will that be 2 years of marriage, or within a couple months before the 2 year anniversary? If yes, it may be better to wait until then before filing the paperwork. That would let you avoid two sets of problems: (1) you can live together so you won't have the issue of living separately making your case more complicated and (2) upon approval you will directly get a 10-year green card, so you avoid the hassle (including another possible interview) of the I-751 process.
 
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