Legal Question in Immigration Law in Michigan

Re: Working Out Of State On A Green Card

The important thing to remember is that the purpose of the final interview is to show that you are still a married couple and that the marriage was and is bona fide. If you work out of state but still return to NM for weekends or whatever, then you could simply explain to the examiner handling the interview that it was a great employment opportunity and that the 2 of you are finding ways to maintain the relationship despite having to spend so much time apart. Then show evidence of this -- continued joint ownership of property, continued financial comingling (joint bank accounts, mortgage, insurance, etc.), affidavits from friends and family, proof of children in common, etc. You do NOT want to relocate permanently until after you have been granted permanent residency without the 2 year condition. If the marriage absolutely falls apart between now and then, you could always get a divorce and then file the I-751 alone and ask for a good faith waiver of the joint filing requirement. You cannot file alone until the divorce is final, however, and you cannot substitute a good faith waiver I-751 for a previously filed joint filing -- you will need to file it separately from the beginning and withdraw the first one. Some jurisdictions were allowing substitution of filings, but we have been told recently that will no longer be accepted.