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Living apart, is it OK to file AOS?

Living apart, is it OK to file AOS?

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Old Aug 30th 2010, 12:13 pm
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Default Living apart, is it OK to file AOS?

Hello, I'm seeking some advice on whether to file for AOS or continue to wait. I am in the US on an F1 with my three children who are on F2's. I am in status and in fulltime College within IA. I was married last year to my DH who is currently stuck in CA due to the CA Workman's Comp system.
DH was injured over 6 years ago and finally had surgery November 2009, due to the delays in surgery he has suffered complications which have required additional procedures for nerve damage. We have requested for his care to be transferred from CA to IA, but Workman's comp have requested he stay in CA whilst his claim is still in progress, (currently in the process of being finalised), and so far we have been unable to locate a Dr. in Iowa that will accept CA workman's comp.
I have delayed putting in an AOS because we live apart, DH now feels that we need to get in the AOS as I am entering my senior year (time flies), and as the Workman's comp process is slow, waiting for them to finalise his claim and allow him to move, is not a good idea.
Although we live apart will it be OK to file the AOS? Any advice would be gratefully appreciated.
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Old Aug 30th 2010, 12:51 pm
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Default Re: Living apart, is it OK to file AOS?

Originally Posted by CarrotCruncher
Although we live apart will it be OK to file the AOS?
Yes, it's perfectly fine to file for AOS under these circumstances. Many couples live apart for work/school reasons... quite normal.

Ian
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Old Aug 30th 2010, 1:05 pm
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Default Re: Living apart, is it OK to file AOS?

Originally Posted by ian-mstm
Yes, it's perfectly fine to file for AOS under these circumstances. Many couples live apart for work/school reasons... quite normal.

Ian
I agree with Ian. We are one such couple who are in such a situation, due to work circumstances. My husband had a successful AOS even though he was working (and still is working) in a different state from which we live in. He became a USC last year, and it was not an issue for us. However, we do have one address which is clearly our home (here in Phoenix) and his presence in California is clearly for work purposes.

But I don't think you will have any problem. Make sure you document your joint life together and document the visits to each other.

Rene
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Old Aug 30th 2010, 9:27 pm
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Default Re: Living apart, is it OK to file AOS?

Thank you both very much. Now the fun begins!!
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