QUESTION
Is it better to apply for permanent residence after we start living together?
Asked on Jan 18th, 2016 on Immigration - Georgia
More details to this question:
Hello, I am planning to get married soon and apply for permanent residence but because of my work and her college we will have to live separately for 1.5 years. She lives in another state and is going to school, which is why she has to stay there. I am working in in a different state with my H1B visa. I would like to keep working until she finishes her school and move here. So my question is if I can still get married now and apply for permanent residence or is it better to wait until we start living together and then apply? Thanks.
2 ANSWERS
While it can be complex and challenging to succeed with a marriage-based immigration application when a couple temporarily lives apart, that still may be possible. There is no substitute for working with an immigration attorney who, after learning all of the relevant details about you and your fiancee, could advise you about eligibilities, options and strategies, including advise you about the likelihood of success in a marriage-based case after you become married but while you are temporarily living apart.
Answered on Feb 15th, 2016 at 3:40 AM
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The Immigration Service looks very carefully at all marriage-based green card applications. More likely than not, you will have very hard time trying to convince them that your marriage is real despite the fact that you do not live together. If you can maintain lawful visa status until the time when your fiancee could join you in one home, it is better to marry now but hold off filing for a green card until that later time. Moreover, if you file for a green card soon after the marriage, USCIS will give you a 2-year, conditional green card. If you marriage does not survive for 2 years, you will lose your green card; otherwise, you and your wife would have to file another petition, pay the fee, and go through an interview to be approved for a permanent green card. But, if you file for a green card after 2 years of marriage, you will get a permanent green card without this second stage.
Answered on Feb 15th, 2016 at 3:40 AM