QUESTION
How does the separation affect my husband's green card eligibility and do we still qualify for the interview?
Asked on Jul 16th, 2013 on Immigration - Utah
More details to this question:
My husband and I have been married for six years and have one child. He is a Cypriot citizen from Cyprus and I am a US citizen. We are going through the green card process, however we have informally separated. We have lived together in Cyprus for the past 5 years, own a home together, pay bills together, etc. We would really like to move to the US so that we can raise our child together.
4 ANSWERS
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Separation in itself will not necessarily destroy his chance to receive green card, although it will be a factor when the USCIS or the consulate officer evaluate the case.
Answered on Jul 16th, 2013 at 8:54 PM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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It sounds like you are still a couple. What do you mean by separation? I don't see a problem with an immigration case. It will take 7-12 months. Your child can apply for a U.S. passport.
Answered on Jul 16th, 2013 at 8:54 PM
If you are no longer in a bona fide marital relationship, then he would not be eligible for a green card on the basis of marriage.
Answered on Jul 16th, 2013 at 8:54 PM
Employment & Labor Attorney serving Salt Lake City, UT
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Sharon L. Preston, P.C.
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Under immigration law, a bona fide marriage is where the couple intends to make a life together, and that seems to be the case here. So since you are legally still married, and intend to make a life together, and raise your child together. You should go through with the green-card process. At the interview you would likely be asked if you are separated, and you can be honest about that, but explain that you don't intend to divorce, but intend to live together and raise your child together.
Answered on Jul 16th, 2013 at 10:59 AM