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applying Marriage based GC but spouse living in different state
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karnali9
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Sajha Friends,
Has anyone filed for Marriage based green card while spouse were living in different state.
As i read different article online, some people say that there will be some concern raised by USCIS when you apply for marriage based green card and your spouse lives in different state.
Just wanted to check if anyone had an experience on this scenario?

Thanks & Jai Nepal !
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nepaliketo12
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There will be concerns, but if you can prove you are genuinely married but circumstances resulted in you being in separate states, then that should not be a problem. Show some strong proof of marriage, such as combined bank statement with a good sum of money, joint property (or mortgage) and such.
cement
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I did last year because me and my wife worked in different states. The marriage was very very recent too so I was worried about both recent marriage and not living in same sate. Everything went smooth . No hiccups at all. But we had proofs to show we knew each other for loooooog time like some joint bills, life insurance beneficiaries etc.
karnali9
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Thanks Cement for sharing your experience.
did you submit any cover letter with your application to explain why you and you spouse were living in different state?
when spouse are living in different state, where will USCIS conduct interview? is it based on who is applying for GC or based on who is sponsoring the GC ?

thanks
cement
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@Karnali9 we did not submit any cover letter. Not sure if submitting any cover letter is helpful either unless requested. I feel like that would be like pointing them out to the "problem" although it probably really isn't a problem. I don't remember how exactly we filled out forms but I remember using same mailing address for both of us so all communication from USCIS were sent to same address and visits to USCIS were scheduled at the USCIS location closer to that mailing address.
karnali9
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@cement:
Am i correct to understand that you had different physical address and single common mailing address for you and your spouse while applying for Green card?
My understanding is that the physical address and mailing address are two different things/section in green card processing application forms.

Thanks
cement
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Yes, your understanding is correct. I don't remember details about the form now but it was common mailing address and different physical address (address of residence). In our case, mailing address was used to get common USCIS location. Although, I was a little concerned, I never gave much thoughts to it because we had many docs to prove we knew each other for long time and were husband and wife. Not sure how far the two states are in your case but may be you travel to see each other frequently. If you do end up getting RFE or get asked in Interview, may be you can show proof of the travels to show you visited each other frequently and the only reason for living in two different states is because of work and nothing else.
28jan
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@cement
Thank you for the info. I have a couple questions if you could answer them.

1. Did you get an interview from USCIS? I mean is the interview necessary for I130 to be approved? I basically want to know when does the interview step happen. Before i130 approval, of after applying i485?

2. Did you apply i130 and i485 together?

Thanks
nepali8
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@cement
Thank you for your sharing exp, I am on the same boat, me and my wfie lives in seperate state due to work, and USCIS has sent us courtesy letter in regards to Applicant and Petitioner having different zipcode and bring the supporting evedince in Interview. I have my interview schedule end of this month.

On the same note, I did not update the recent address change to USCIS, so interview is scheduled nearest uscis office near my previous address, not sure how i should approach with this?


I am wondering what are the checklist documents should i take it for supporting documents for living in different zipcode and supporting evidence of relationship with me?

Here's what i am thinking. Your suggestion will be highly apprecited.

For different zipcode,
1. Letter from Employer stating current work location,
2. Prof of her school registration where she lives.

For supporting evidence of relationship:
1. Tax Return as Married filing jointly for past three years
2. Health insurance certificate or card (name listed together)
3. Vechile Insurance (name listed together)
4. Photos
5. Credit card statement ( listed wife as Athorized user)
6. Phone bill ( My Name is only included in cell phone bill but i do have another which my wife is using, not sure if this valid document to show?)
7. Airline ticket (proof of the travels to show)

I do not have anything stating her name in listed any lease or rental aggrement, or even in any utilities bill together as she did not had SSN before.

Your inputs will be higly appreciated.
Thanks


28jan
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@nepali8

Do you already have your I130 approved or this interview you have is to get your I130 approved.
I am also in same boat as you are.
Also, if you dont mind answering, is your spouse citizen?
Thanks
nepali8
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@28jan,

This interview is for I-485, and my spouse is GC holder. could you please share if what are documents you are planning on take with you for:

1. spouse living in different state?
2. For supporting evidence of relationship?

thanks
Bibek Shrestha
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@Nepali8

I have not applied but collecting the above docs plus life insurance, phone record and reciets of gifts i sent her in valentines birthday etc.

Can you please confirm how lond did it take for I130 to be approved and when did you apply. Also was there a interview for I130 approval as well?
nepali8
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@Bibek Shrestha,

This interview with USICS regarding I-485. we applied my I-485 based on her I-140 approved. Not exactly sure whether there was any I-130 applied, i belive not.


Thanks
cement
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@nepali8 Me and my wife filed based on my approved I-140 too. Similar to yours. Luckily we had no interview so I really can't comment on what to expect but supporting docs for proof of relationship you've listed seem strong enough. If we were called for interview I had similar documents in my mind. I remember thinking of taking our wedding pics too just in case. Probably #4 covers that. I wish you all the best.
nepali8
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@cement Thank you for sharing
28jan
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@nepali8 @cement

Maile bujhe anusaar I130 chai petiotioner le alien relative ko lai bharnu parne raicha. Ani tyo approve bhaye pachi chai I485 bharnu parne raicha adjustment of status ko lagi.

I140 chai employment based bhayera ho ki 130 bharna naparne. Correct me guys if I am wrong.

Mero chai I130 ko case bhako le interview i130 approve garna lai ni lincha ki i485 approve garna lai lincha bhenra sodhna khojeko.

Dhanyawaad

Last edited: 12-Apr-18 10:49 AM
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