Legal Question in Immigration Law in California

Re: Dont live with my husband, does this work against me??

You should clear this up sooner than later, i.e. is there a reason for being apart? if in Southern California contact us.

Re: Dont live with my husband, does this work against me??

It's important that you live together at least after the adjustment of status application is filed. You may find further information here:

http://www.msclaw.com/Green_Card_for_Spouse.html

Re: Dont live with my husband, does this work against me??

The issue that the CIS is after is whether or not there is a bona fide marital relationship between you and your spouse. Whether you live with you spouse is only one piece of evidence related to the bona fides of the marital relationship. There are other facts and circumstances that can be used to prove the case. We have had cases approved for husbands and wives who have not been living together. Of course, more evidence in other areas would likely be required.

Re: Dont live with my husband, does this work against me??

How bad? Very badly! It is a fundamental requirement in marriage cases. Marriage fraud is a big problem and if you don't even live together, USCIS will tend to think that the marriage is a sham and will deny your case and try to deport you. Sure, there could be some rare cases forcing a new married couple to have to live apart for a while but those are rare and require a huge amount of evidence and effort to explain to Immigration why they have to do that. Not a very attractive prospect.

Wait until you have started living together and develop joint records (both names on documents) before even thinking of filing for your green card. You seem to want to only file for the I-130 by itself, however. For filing the I-130 form by itself, the shared residence is not quite as crucial but you should be aware that even if that form is approved, it doesn't give you permanent residence so when your J-1 expires, you'll have to leave. That's why almost everyone here on a temporary visa who gets married to a US citizen file the I-130 ALONG with the I-485 to receive the green card. It's a quicker and less painful process. But the I-485 is where Immigration will scrutinize whether the marriage is real or not by looking at a shared residence.

Larry L. Doan, Esq.

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

Re: Dont live with my husband, does this work against me??

How much longer will your program last? It may make more sense to wait and file the I-130 and I-485 together closer to the end of your program, when you will be starting to live together. Until then, you will want to maintain everything you can to document the good faith nature of your relationship - regular communication, shared obligations, and a clear intent to start a life together.

Re: Dont live with my husband, does this work against me??

Congratulations. I would have replied sooner but had the flu.

This goes to the issue of whether your marriage is a real marriage and not a fake one just for immigration purposes. Your evidence will drive the case and your testimony, whether you're believable. I know how to address issues like this by encouraging the building of a strong case with lots of evidence. With that, you should be fine. Without it, you might be in trouble.

I've taken the time to read the responses of the other lawyers. Those who simply write that you must live together are 100% wrong. They're viewing the law as black and white, which it is not. If you are separated for legitimate reasons, then it stands to reason that you are still in a bonafide marriage for immigration purposes. You just have to prove it to the government. My forte, my very best grade in law school was evidence. I'm really successful in my cases as a result.

For more information, write to me at [email protected] or check me out at http://www.yardum-hunter.com.

Sincerely,

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

Re: Dont live with my husband, does this work against me??

Wait before you file until you are living together. Sure there may be a good reason you are not, for now, but don't bet that the government is looking for something to deny your petition and application. If you are married, then find a place together and then file. Right now you are in status, so what's the hurry. If you aren't living together, you will have a tough time explaining why you are not. good luck.