| Q. |
When spouses reside in different cities
I am filing my wife's I-485 adjustment of status application in Aug 08
I am in an unusual situation. My wife works in NYC and I work in California. She has a lucrative banking job and is looking to move to California.
I worry that her application will be denied because we live in different cities at the moment. We will be providing our marriage certificate, joint 2007 tax return, marriage invitation cards, photos and record of travel undertaken to see each other. How else can we prove that our marriage is bona-fide? If it feels evidence is insufficient does the USCIS usually request further evidence/interview or can it summarily reject her petition. If her petition is denied does it put my GC at risk? Is there any publication where these rules are stated?
User's Location:
Santa Clarita, California, United States of America
Category:
Employment-based Green Card
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| A. |
It is not uncommon for spouses to temporarily live in different cities because of employment, particularly if the marriage is new. While that does raise a question about legitimacy of the marriage, it is not an automatic reason to deny derivative 485 status to a spouse.
You are correct that it is a good idea to provide a little more proof than normal to show that your marriage and relationship are legitimate. In addition to marriage certificate, you can provide some photos, evidence of travel to meet, evidence of phone bills/e-mails, any commingling of assets (joint bank account, investments, insurance etc.) You can also provide info that she is looking for employment in CA and you are looking to reside together as soon as possible.
If your marriage is real you should be fine with her paperwork. I also do not see any reason why your marriage or any circumstances associated with your spouse would affect your chance at green card approval as long as everything provided is legitimate and real.
Regards,
Andrew M. Wilson, Esq.
awilson@srwlawyers.com |
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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