QUESTION
What are the things we should consider while filing for my AOS ( I am a student on F1 visa) since we are not living together until May 2014?
Asked on Feb 11th, 2013 on Immigration - Connecticut
More details to this question:
My wife (a US citizen) and I got married a month back and are filing for my adjustment of status. We are both in college. She lives with her parents in Connecticut whereas I live in Florida renting a house with other roommates. We truly love each other and we will be moving in our own place in Florida after she graduates in May 2014. We see each other during breaks and she will be spending the summer here with me. So far the things we have to prove our bona fide marriage: Our joint bank account, joint car ownership and auto insurance, our wedding certificate from court in Connecticut, our wedding certificate from the mosque (as required by our religious faith), our pictures from wedding & honeymoon. She has also changed her last name to my last name on her SSN and her driver’s license. I heard it will be really difficult to prove our marriage to the USCIS if we are not living together. Any suggestions, advice, help will be much appreciated.
1 ANSWER
Alex Troyb
As you may have already read, these types of cases are very "fact specific." More than that, when it comes to the issue of "bona fides" in a marriage based immigration petition, there is a sliding scale when it comes to the evidence you need to present. Depending on the facts, some people can file a petition with very little supporting evidence, while others will need extensive documentation. Before I could tell you what evidence you should submit, I would need additional information. (For example, one question I have is how close were you to graduation at the time you married - in other words, was your student status going to terminate shortly after your marriage?) In addition to this, there are a number of other questions I have. In any event, based on your facts, you should provide additional evidence (in addition to your marriage, you should document when you met and how long you dated prior to your marriage). I strongly advise you to reach out to an immigration attorney to help you prepare this petition, this is not a "straight forward" case.
Answered on Feb 15th, 2013 at 2:57 PM