Can I apply for a green card if my husband is going to another state for a new job? - Immigration Law Questions and Answers- LawQA.com

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Can I apply for a green card if my husband is going to another state for a new job?

Hi, I'm currently an international student in a PhD program. I recently married a US citizen, and we are planning to apply for a green card for me. Some information about us: We got engaged last December (dated for 1 year and a half before engaged), and married on May 2nd this year. We've lived in the same apartment (both names on the lease) for more than a year. And he's visited my parents in China twice so far. I think we have strong documents to support our relationship, except that he is taking a new job in Oregon starting this month, and then we will live apart at least until I graduate from my PhD program (expected graduation time is December 2014). So, can I still apply for a green card in this case? And how difficult will it be to get approved? (one attorney already refused to take my case...)

Answer By Tripti Sharma

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Not living together raises the burden to prove bona fides of marriage; work with a good immigration attorney.

Answer Applies to: California
Replied: 6/10/2014


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The fact that you will be living apart will send up a red-flag with USCIS, but if you have all of the proper documentation proving a bona-fide marriage, you should get approved. I have handled many cases with scenarios similar to yours and have gotten approvals on them. It takes a lot of work, sometimes, but It can be done. Keep looking of an experienced immigration attorney to take your case. I am sure there is one out there.

Answer Applies to: California
Replied: 6/5/2014

Answer By Christine Green
Law Offices of Christine Green
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You can still apply for a green card. Since you have other things to prove that your marriage is bonafide, you will have to explain why you are living apart temporarily. USCIS understands that sometimes couples have to be apart because of certain situations. Work with an experienced immigration attorney to guide you through the process.

Answer Applies to: California
Replied: 6/5/2014

Answer By Lynne Feldman
Feldman Feldman & Associates, PC
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Yes these cases are doable but a higher burden to show your good faith marriage. Keep evidence of your travel to see each other, phone and email contacts, etc.

Answer Applies to: California
Replied: 6/5/2014

Richard S. Kolomejec, Attorney at Law
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You can apply. Just need to document your long distance relationship during this time. If done correctly, you should be able to get your green card in about 3 to 4 months.

Answer Applies to: California
Replied: 6/5/2014

Law Offices of Svetlana Boukhny
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As long as the marriage is bona fide and you have evidence of the relationship and you continue to maintain all relevant documents for both locations after the move, it should not be a problem. I have handled quite a few similar cases in the past where the spouses were either attending school/medical residency program in different states or one of the spouses was transferred to a different location for work/assignment while the other spouse could not leave the job or school. Again,they had to maintain documentation for both locations and show evidence of bona fide marriage but the petitions were all approved.

Answer Applies to: California
Replied: 6/5/2014

Answer By Linda Fessler

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Did the attorney give you any details on why he would not accept the case? It might have been because you were married while here on a different visa. I do not think that the job in Oregon is an insurmountable problem.

Answer Applies to: California
Replied: 6/5/2014

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