When embarking on the journey of securing a marriage-based green card, couples often face a myriad of challenges and misconceptions. One such challenge arises when spouses are not living together at the time they file for an adjustment of status. This scenario, although common, can raise red flags for USCIS officers, as cohabitation is traditionally viewed as a principal indicator of a bona fide marriage. At our law firm, we have successfully navigated this complex issue on numerous occasions, helping couples achieve their dreams of living together in the United States. Here, we'll share insights and discuss three common scenarios where living apart might occur, and how these can be addressed effectively.

Scenario 1: Employment Obligations in Different States

As a New York marriage immigration attorney, I see so many different reasons why couples have no choice but to live separately, especially when we have ambitious couples pursuing their careers—living separately is often a temporary sacrifice they have to make. One of the most frequent reasons couples live apart is due to job commitments in different states. Consider the case of Ana from Florida and Ryan from California. Both have burgeoning careers: Ana is a marine biologist in Miami, and Ryan as a software developer in Silicon Valley. Their professional obligations require them to maintain residences in their respective states. In such cases, our firm emphasizes the strength of the marriage through shared financial responsibilities, frequent travel to see one another, and future plans to reside together. Documenting the genuine reasons for living apart alongside a timeline for future cohabitation is key to alleviating USCIS concerns. You can read information about H-1B spouses adjusting status based on their marriage to a US Citizen here.

Scenario 2: Educational Pursuits

Another common situation involves one spouse pursuing educational opportunities that necessitate living in different locations. Imagine Sarah, who is completing her Ph.D. in New York on an F-1 visa, while her husband, Jake, works in Texas. Here, the focus would be on proving the temporary nature of the separation. By providing evidence such as enrollment documents, a lease or housing agreement in the educational city, and communication logs, we demonstrate that the separation is merely a step towards long-term familial and professional goals that benefit both spouses. You can read information about F-1 spouses adjusting status based on their marriage to a US Citizen here.

Scenario 3: Immigration Status and Legal Constraints

Sometimes, couples face unavoidable separations due to the immigration status or other legal constraints of one spouse. For example, if one spouse is on a temporary work visa in another state and cannot easily relocate, this would be a valid reason for living apart temporarily. In such cases, we work meticulously to document the legal constraints and plans for reunification once those constraints are lifted.

Addressing Cohabitation Concerns with USCIS

The absence of cohabitation can indeed trigger deeper scrutiny from USCIS, potentially leading to a Stokes interview—a more intensive interrogation process designed to verify the authenticity of the marriage. Our firm leverages a sophisticated toolkit developed through years of specialized practice to preemptively address these concerns. By crafting bespoke affidavits and utilizing proprietary methodologies unique to our experienced team, we underscore the legitimacy of each marriage. Our strategic approach is not only designed to affirm the marriage's authenticity but also to articulate it in such a compelling manner that the necessity for an interview might be obviated altogether. This nuanced strategy, rooted in deep legal acumen, demonstrates our commitment to securing favorable outcomes through advanced legal craftsmanship.

Waiving the Interview: A Testament to Meticulous Preparation

On several occasions, our detailed and proactive approach has successfully resulted in USCIS waiving the interview requirement for couples, even those not cohabitating. Such outcomes underscore the importance of a well-prepared application that leaves no room for doubt about the marriage's genuineness and the couple's long-term plans.

Conclusion

Living apart while pursuing a marriage-based green card is undoubtedly challenging, but it's far from insurmountable. With the right legal guidance and thorough preparation, couples can navigate this complex landscape. Our law firm prides itself on our deep understanding of immigration law and our personalized approach to each case. We ensure that every client's journey not only ends successfully but also reinforces the trust and confidence they place in us to handle their most critical life transitions.

By trusting our expertise, many couples have overcome the hurdles of living apart and have successfully transitioned to life together in the U.S., fully compliant with all legal requirements. If you are facing a similar situation, we encourage you to reach out and let us help you build a strong case for your future.

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This blog aims to provide authoritative, relatable advice that underscores our firm’s expertise in handling complex marriage-based green card cases. For couples living apart, knowing how to properly present your situation to USCIS can make all the difference.

Should you or your loved one have any questions or need representation, please do not hesitate to call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. We have represented many clients with successful results even with the most difficult set of facts.