Can I file for my green card based on my marriage to a US citizen, even though we don’t stay together now due to my schooling?
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Can I file for my green card based on my marriage to a US citizen, even though we don’t stay together now due to my schooling?
I am on F1 Visa, married to a US citizen for about a month, we both are staying in different states right now, due to my on-going school. Can I get green card if I file on marriage based now or I can be denied for it?
Asked on November 30, 2011 under Immigration Law, Georgia
Answers:
SB, Member, California / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your marriage is bona fide, it does not matter that you are not living in the same place at the moment if the circumstances are such that you go to school in one place and your spouse is working or studying in another. You can still appy but the burden of proof will be heavier for you to provide even more documentation of your joint life together because you are not residing in the same place so be prepared for that.
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