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Plz Advise: I-751, married but live apart in separate states

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Old Sep 14th 2006, 4:25 pm
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Question Plz Advise: I-751, married but live apart in separate states

I have been married to USC wife for 2.5 yrs and my I-751 window is coming in few months. My situation is that I live in Kansas but my wife lives and works in LA. We lived together before until she moved to LA for her job 10 months ago. I couldn't go with her because I go to Medical school here. We have one credit card bills, bank account, renters insurance, apartment lease together in Kansas only. Would I need to hire an attorney since I've heard that we will have an interview and since we're living separate for 1 year now? Has anyone had similar case before and can you share your interview experience? Please help..

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Old Sep 14th 2006, 4:33 pm
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Default Re: Plz Advise: I-751, married but live apart in separate states

Originally Posted by kohuma
I have been married to USC wife for 2.5 yrs and my I-751 window is coming in few months. My situation is that I live in Kansas but my wife lives and works in LA. We lived together before until she moved to LA for her job 10 months ago. I couldn't go with her because I go to Medical school here. We have one credit card bills, bank account, renters insurance, apartment lease together in Kansas only. Would I need to hire an attorney since I've heard that we will have an interview and since we're living separate for 1 year now? Has anyone had similar case before and can you share your interview experience? Please help..
How do you know you'll have an interview if you haven't even filed the I-751? Not everyone has an interview for the I-751. In fact an interview is on the rare side.

It's acceptable to be separated due to work or school conflicts. I don't believe it will be a problem, and I don't think you need a lawyer to file the I-751, unless it is just to give you some peace of mind.

Best Wishes,
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Old Sep 14th 2006, 4:41 pm
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Default Re: Plz Advise: I-751, married but live apart in separate states

Thanks Rene!!
I had talked to an attorney and she told me that I would need our phone records and travel records when we see each other, etc. to prove our relationship. However, with our schedule and my school, both of us are very very busy. We talk once a week and have no travel record. I was also told that I would have an interview since we are living in 2 different states.

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Old Sep 14th 2006, 4:44 pm
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Default Re: Plz Advise: I-751, married but live apart in separate states

Originally Posted by kohuma
I talked to an attorney and she told me that I would need our phone records and travel records ans such to prove our relationship. However, with our schedule and my school, we talk once a week and have no travel record. I was also told that I would have an interview since we are living in 2 different states.
Then your attorney must have ESP! lol But then again I'm not a lawyer and maybe she knows something I don't know. But I'm thinking you guys have ONE mailing address, right? ONE main residence. And only ONE of you is working/studying in a different state, right? When you turn in the I-751, everything you show joint is going to just have one address on it, with both names...so I guess if you end up having an interview, you guys can explain your situation then, and bring proof of communication to the interview. So nothing to worry about, IMO

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Old Sep 14th 2006, 4:45 pm
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Default Re: Plz Advise: I-751, married but live apart in separate states

And we have separate mailing address except the accounts we have common that comes to me.
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Old Sep 14th 2006, 4:46 pm
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Default Re: Plz Advise: I-751, married but live apart in separate states

Originally Posted by kohuma
What's an ESP?
Sorry...Extra Sensory Perception. It means she can predict the future.

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Old Sep 14th 2006, 8:00 pm
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Default Re: Plz Advise: I-751, married but live apart in separate states

Rene is right Interview with 751 is a rare case I remember our Interviewer in my AOS told us that even if you have an interview with 751 theres nothing to worry about. She said its just a random selection of the computer and has really nothing to do with your case.

As long as you have proof that your marriage is legitimate I dont see that you will have problem even you're apart. Maybe showing a proof that you're visiting each other will be good if they will ask for additional evidence.

Goodluck..

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Old Sep 15th 2006, 1:55 am
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Default Re: Plz Advise: I-751, married but live apart in separate states

Originally Posted by kohuma
And we have separate mailing address except the accounts we have common that comes to me.
Yes, it's those accounts that you have in common that you'll be sending with your I-751 as proof of your ongoing joint life together.

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Old Sep 15th 2006, 3:05 am
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Default Re: Plz Advise: I-751, married but live apart in separate states

Do we have to explain the reasons we are living in different states like in the the cover letter? What do you think? Obviously, when I put my wife's address, I will have to use her LA address since her paycheck and her mails go to her address.
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Old Sep 15th 2006, 3:55 am
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Default Re: Plz Advise: I-751, married but live apart in separate states

Originally Posted by kohuma
Do we have to explain the reasons we are living in different states like in the the cover letter? What do you think? Obviously, when I put my wife's address, I will have to use her LA address since her paycheck and her mails go to her address.
I don't think it's a requirement to explain anything...but I suppose you could put a short explanation, if you wish. Or, when you list your wife's address, you could put "temporary" alongside it. If USCIS has a question on anything, they'll send an RFE for more information. Also, they can set up an interview to talk to you both in person, and you can explain your situation there.

The way I see your scenario (as a layman, not a lawyer), is that you have the permanent address in Kansas, since the bills come to your names at that address, and you're using the service center for Kansas. Your wife has accepted a job which takes her away from her permanent residence in Kansas. I don't think it's as difficult as you're making it.

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Old Sep 15th 2006, 3:38 pm
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Default Re: Plz Advise: I-751, married but live apart in separate states

I think if it will show in your evidence that you're living in different address you should explain it in your cover letter to make sure.... I just hope it wont show that you're too defensive though.

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