Married students living apart - apply for GC?

[mytnvv]

Hi everyone,

I am an international student currently on a F-1 visa. My husband (a US citizen) and I recently got married (purely based on love) and it was a small ceremony in a courthouse with my sister and his brother as witness and the only attendants, we are going to have a big wedding and reception in a couple years when we have enough money. Unfortunately we are both still students and he is going to dental school in Boston this fall while I just started a graduate program in Chicago. We are probably going to be living apart for at least 4 years, but will see each other every break/holiday.
We recently opened a joint bank account, and I changed my last name to his (still waiting for the marriage certificate to officially change my name at the social security office and DMV). So I think we have enough proof to show we have a real marriage, except that we aren't living together.
I want to apply for permanent residency soon because we are both busy students and I don't want us to stress out about it too much. I hope someone can answer these questions for me:

1. Will living apart affect us in the interview process, even though we have legitimate reasons for it and we can't do anything about it?
2. Is the fact that we haven't done a big wedding going to hurt us?
3. My friend is going to be my financial sponsor (since both my husband and I are students), but she just started working (recently out of college). Can she show her paystubs and a letter from her employer instead of previous tax returns and W2s?
4. Can we choose which city to have the interview, Boston or Chicago?

 

[Jackolantern]

Whatever you do, don't leave the US until you have Advance Parole or a green card in your hand. Because now that you are married to a US citizen, attempting to enter the US with an F-1 visa is risky and could result in being refused entry. And once you file the I-485, you can't use the F-1 visa again.

And don't file the green card papers until after you've completed the name change formalities. Otherwise, changing your name in the middle of the process can cause confusion and delays at USCIS. Either change it before or change it at the end of the process.

 

[acr]

1. Yes, you can do something about it. Your husband needs to leave his school and move to your place, take a job there, not to mention to get a kid. Otherwise USCIS will delay consideration for ever.
2. Yes.
3. In additional to pay stubs showing the income for the previous six months she still needs the previous year taxes as well as your husband.
4. Yes. Depends on the residential address you put on the forms.

 

[tinkerbelluk]

File you I485 asap, you will find SSA will not change your name over until all your immigration documents are in you married name, and some DMV's (like Florida) won't do name changes before you SSC name is changed. (just make sure you use you married name when you file and explain that you visa and ID were issued before marriage and are therefore in your maiden name, in you application cover letter. It worked for me and I recieved no RFE's.

Also in your situation it may be worth keeping itemized phone bills, so you can prove you are both still in contact though studying in different cities.

 

[Jackolantern]

Another strategy for the name change is to keep your original name on everything until the green card interview. Then at the interview, show the marriage certificate and ask for the green card to be made with your new last name. Then once you have the green card with the new name you can use it to get your license and SS card updated.

 

[mytnvv]

Thanks everyone for the replies. I'm going to work on the applications and submit them as soon as I can. But, acr, you're not serious right? I'm not going to have my husband leave dental school! that's our future income right there! I don't get it when people get sarcastic online cause I can't tell by the words if they're joking or not... ?

1. Yes, you can do something about it. Your husband needs to leave his school and move to your place, take a job there, not to mention to get a kid. Otherwise USCIS will delay consideration for ever.
2. Yes.
3. In additional to pay stubs showing the income for the previous six months she still needs the previous year taxes as well as your husband.
4. Yes. Depends on the residential address you put on the forms.

 

[acr]

You must be kidding. You married the person only for the immigration benefit, while otherwise people would finish their education, find a job, before getting a family.

 

[Nav102]

Please complete your last name change and that will help you get past the living at the same address challenge to a great extent. Please do spend a couple of weeks together at the same address before the interview to get familiar with each other on the daily chores which might be asked during the interview.

 

[mytnvv]

You must be kidding. You married the person only for the immigration benefit, while otherwise people would finish their education, find a job, before getting a family.

Excuse me, but who are you to tell we shouldnt get married? We married out of love, I've lived with him before we moved, and we were going to go to Boston together but then I got into gradschool in Chicago last minute. Excuse me for trying to build a career here, it's not easy to get into dental or grad school, especially for an international student. But thank you for your input, I will remember it next time I try to "marry someone for the immigration benefit".

Thanks everyone else for the suggestions.

 

[Jackolantern]

1. Will living apart affect us in the interview process, even though we have legitimate reasons for it and we can't do anything about it?

Yes, it will hurt your case, and you will have to explain it and provide evidence of frequently calling and visiting each other (phone bills, airline/train/bus tickets, etc.)

2. Is the fact that we haven't done a big wedding going to hurt us?

A "big" wedding is not necessary, but the fact that you didn't even have a gathering of 10 or 20 friends and relatives is a red flag. Did you at least have a honeymoon? With pictures?

3. My friend is going to be my financial sponsor (since both my husband and I are students), but she just started working (recently out of college). Can she show her paystubs and a letter from her employer instead of previous tax returns and W2s?

No. By living apart and having a 2-witnesses-in-a-courtroom wedding, your evidence is already otherwise weak. Wait until next year when she has a tax return.

4. Can we choose which city to have the interview, Boston or Chicago?

No. They will set up an interview close to where you live, as you are the applicant.

 

[Jackolantern]

Thanks everyone for the replies. I'm going to work on the applications and submit them as soon as I can.

Not yet. See my above response about the tax return. And with your situation, you should build up some more shared history before applying (a 10-month old joint bank account looks much better than a 2-month one, for example). You have legal status, so there is no need to rush the application.