QUESTION
Will living in different US cities for work affect our conditional green card status?
Asked on Jan 27th, 2011 on Immigration - California
More details to this question:
We are yet to get married in the US, living currently together, but will start living in separate cities (>200km apart) after marriage and after me receiving a green card. We have taken the respective academic job appointments. We plan to fly to each other for a week every other week (as appointments allow). The question is whether USCIS will be happy with that or will questions to us occur immediately or while filing I-751 to remove the conditional status of the green card? What is the best way to prepare for the interview? Should we disclose our plans at the interview?
3 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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We have handled numerous cases successfully with similar facts. In these days of two career families, especially two professionals this is not at all uncommon. Honesty is the best policy and good documentation of your time spent together and other evidence of good faith marriage is critical in addition to the usual required documentation.
We would be happy to take your case but of course cannot file until you are actually married. We do charge for consultations but any consultation fees would then be a credit toward the fees for your case if we are retained for further work after the consultation.
Answered on Feb 17th, 2011 at 5:01 PM
It could be suspicious to USCIS if you start living in different addresses right after getting your green card. If that's the case you need to make sure you continue to have evidence to show the marriage is legitimate within those two years. Otherwise immigration may deny your application to remove the conditions to your residence.
Answered on Jan 29th, 2011 at 11:13 AM
Immigration and Naturalization Attorney serving San Francisco, CA
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In terms of the I-751, you will need to disclose your separation on that form. You will want to keep all information of travel and other joint documents and include declarations from each of you, family and friends to explain why you are separated and how long you will be that way. It will be a tougher case and you should expect an interview. I recommend that you use a competent immigration attorney to file in your case.
Answered on Jan 28th, 2011 at 11:58 AM