Work Authorization Processing While Living Apart

[edno]

Hi,

My situation is the following:

I'm currently a Canadian citizen. Got married to a US citizen a few months back, we are in different states due to our jobs. Planning to start living together in July once her job contract is up. I am looking to apply for the green card right now because I need the work authorization for my upcoming program. I got accepted into a medical residency program which begins in July and for that I will need a work authorization, because if I get a J-1 then I will have to leave for 2 years after my program.

My question was that if I apply for the Green Card while living separately from my spouse, will that delay the processing of my work authorization?

Is it advisable for me to move to her state and start living together to apply for the green card? (we will start living together in my state in a couple of months but because i need the work authorization I need to apply for the GC now. So is it better for me to apply from the state i currently reside in or to move in with her until her contract is over and then we can move back to my place?)

Thanks!

 

[Jackolantern]

Living apart won't delay your work authorization, but it could give you a tough interview, so you'll have to prepare for that by gathering evidence for the interview. It's not an insurmountable problem, as other couples have needed to live apart temporarily for work purposes but they still got the green card. First thing is to make sure you have joint stuff like a joint bank account, and one of you should be on the other's health insurance.

If your place is where you both plan to live long term, she can start changing some of her bills (e.g. cellphone, credit card) to be addressed to your place. Also gather up evidence that you called each other and traveled to visit each other regularly ... phone bills, airline/bus/train tickets.

Then you'll explain that your jobs require you to be in different places so you had to be apart temporarily. I presume you have a TN or H1B visa, so you can show that your status requires you to work in that location, and she can show her contract which has to be done in its specific location.

If you haven't already done the green card medical and gotten the results back, it will be into May before you complete that. 90 days is the regulatory standard for USCIS to produce the employment authorization card, so it could be August before you get it. And if you don't get it before you have to show it to the hospital, they'll revoke your residency, correct?

So, given the time constraints, I would suggest seeking a deferral of your medical residency, to start in September or October or some other later month that is acceptable to them (they could push it to January or sometime next year, so be prepared for that). Otherwise you risk losing it if USCIS doesn't process your papers fast enough. Many, and probably most schools allow deferred matriculation, but they'll have a deadline by which you have to apply for it. So hurry up and find out how to apply.