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need advice: facing AOS interview while living apart

need advice: facing AOS interview while living apart

Old Sep 14th 2002, 11:06 am
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Default need advice: facing AOS interview while living apart

Hello,

I am scheduled fingerprint and soon will get the interview letter, however, the problem is that my wife (usc) and I live apart. I wonder how the separation affects my AOS interview, and should I hire a lawyer. I tried to search the forum but couldn’t find a situation like ours.

We met at graduate school and found jobs at different states. I live in CA and she’s in NJ. I was F-1 holder now H1B. I love her very much, however, we need her income to apply AOS so she can’t just quit her job. I stay at NJ each month for one week. I have tried my best to prepare documents with both our names on over the year, as follows:

Her apartment lease in NJ, cable service, car insurance, bank account
My bank account in CA, my credit card, joint 2001 tax return
Besides, I have wedding pictures and DVD, and tons of pictures when we were dating.
She has CA driver’s license and I have PA’s (we both too lazy to change )
I filed I-130 with her NJ address and I-485 with my CA address

INS website states that you have to have very good reason to live apart after married. I wonder if job is a “very good reason�, and should I hire a lawyer for the interview.

Does anyone have similar situation to share with me? I appreciate any advice.

--Ben
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Old Sep 14th 2002, 1:12 pm
  #2  
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Default Re: need advice: facing AOS interview while living apart

I've only seen this situation once in all these years. The circumstances were similar but not the same. She worked and he was still in school. If memory serves me correctly it was successful. I would most definitely have a consultation with an immigration attorney. Be sure that your ducks are in a row before venturing into the interview room.

You said you are a converted F-1 to H-1B. Since you have applied for AOS based on marriage to a USC, why haven't you applied for an EAD and found employment in the state where your wife resides or your wife in a state where you reside. With the EAD based on the AOS, the excuse of separation because of economics is eliminated, at least IMO. Don't know if INS will take the same view. Again, an attorney is a wise expenditure of funds to clarify your situation.

As for your driver's licenses, if you are maintaining a residence in California than you have to change your Pennsylvania license for a California one. Believe most DMV regulations state one must do so within 30 days of moving to the state and establishing residency. The same with your wife's California license now that she is domiciled in New Jersey. Being lazy is not an excuse and if stopped for a traffic violation could compound the issue.


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