QUESTION
Do I have to be living with my spouse in order to successfully petition for a green card?
Asked on Jul 22nd, 2011 on Immigration - California
More details to this question:
I am a U.S. Citizen married to a Ghanaian who entered the country legally and has about two weeks left until she is out of status. We are in the process applying for her green card. One possible issue we're worried about is that, for financial reasons, we do not currently live together. Will that affect our chances of being approved? If we mail our application after she is out of status, what does that mean? Thank you.
5 ANSWERS
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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Yes, the USCIS officers look at two primary factors in determining a bona fide marriage; cohabitation and co-mingling of funds. You must have a very good, documentable and acceptable reason for not cohabitating. The officers see cohabitating as a means to save money. You should file the application for permanent residence before her I-94 expires. The case is still approvable if filed afterwards under section 245(a), but it unnecessarily complicates the case. Consult with an experienced immigration attorney.
Answered on Aug 05th, 2011 at 5:12 AM
USCIS will consider living arrangements as a factor when they adjudicate the petition.
Answered on Aug 04th, 2011 at 11:58 AM
First, you can still file an adjustment application although your wife is out of status. Second, you do not have to live together in order to demonstrate that you have a good faith marriage but the fact will cast some doubt on your relationship. You must be able to explain the reasons for residing in different location and have other strong evidence that you share responsibilities and plan a life together.
Answered on Aug 04th, 2011 at 11:44 AM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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USCIS will take the issue of not living together very seriously and the majority of time, it will follow with a denial.
Answered on Aug 04th, 2011 at 7:32 AM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
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Kazmi & Sakata
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Yes, cohabitation is a requirement for an Adjustment of Status. If you are not living together it appears to the USCIS that it is a sham marriage. You must overcome this assumption. Filing late should be ok, depending on the type of visa she is on.
Answered on Aug 04th, 2011 at 6:16 AM