Legal Question in Immigration Law in California

I am a U.S. Citizen, and I will marry to an international student (F1) in two

months. I want to apply for my future husband to have a green card. However, my

dilemma is that we both living in different states due to my job and his school.

We can only see each other once every few months. I'm affray that my spouse

might not able to get approve because of this situation. USCIS might think that

our marriage is a fraud, and I don�t want this to happen since it�s very

expensive to apply. We will not live together until he finish his school, which

is 1.5 more years. Is it a good idea to apply for the green card right after we

get marry? What are the chances that my spouse can get approve? Lastly, Can we

file form I-130 & I-485 together at the same time or wait for the I-130 to be

approved then begin to apply for I-485? Thank you for reading my questions!


Asked on 5/08/10, 10:26 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

I understand that your fiance is in a valid F-1 status in USA.

There is no ban on filing for a husband when a couple lives temporary in different States. However, it might be very hard to prove that this is a 'bona fide' marriage if you have never lived together, see each other once every few months, have no joint finances or property, haven;t established a joint household, etc.

Note: this is not a legal advice but information. For legal advice, contact an attorney directly: http://www.law-visa-usa.com

Read more
Answered on 5/14/10, 7:29 am


Related Questions & Answers

More Immigration Law questions and answers in California